TITLE I - GENERAL PROVISIONS

CHAPTER I - AUTHORITY

Sec. 1.1

This Civil and Criminal Code shall become effective when adopted by Resolution of the San Ildefonso Pueblo Council pursuant to the power invested in the Pueblo of San Ildefonso as a sovereign, the authority of the Pueblo of San Ildefonso under the laws of the United States of America and applicable treaties, and the will of the people of San Ildefonso, and shall apply to all persons who, through their residence, presence, business dealings, acts or omissions, have significant contacts with the Pueblo of S an Ildefonso or its residents or incur civil obligations to persons or entities entitled to the protection of the judicial system at the Pueblo of San Ildefonso, and to all persons who commit criminal offenses against the Pueblo or against its members, re sidents of other persons within the jurisdiction and on the lands of the Pueblo of San Ildefonso, under the traditions, customs and laws of the Pueblo of San Ildefonso and the laws of the United States of America.

The power to preserve internal order within the exterior boundaries of the Pueblo of San Ildefonso by punishing when necessary those under its jurisdiction who violate Pueblo civil or criminal law is absolutely essential to the existing sovereignty of the Pueblo of San Ildefonso. Further, the Pueblo of San Ildefonso has neither waived or surrendered its civil jurisdiction over non-Indians within the jurisdiction and/or on the lands of the Pueblo of San Ildefonso and no treaty or federal law has withdrawn the civil jurisdiction of the Pueblo of San Ildefonso over non-Indians found on the lands of the Pueblo of San Ildefonso.

Sec. 1.2 - Repeal of Prior Inconsistent Ordinances.

Any and all ordinances or portions thereof heretofore enacted by the San Ildefonso Pueblo Council which is any way in conflict with the provisions of this Civil and Criminal Code are hereby repealed.

Sec. 1.3 - Interpretation of this Code.

This Code shall be interpreted pursuant to the traditions and customs of the San Ildefonso Tribe. Where any doubt arises as to these traditions and customs, the Court may request the advise of elders as counselors whom are familiar with these traditions and customs. If none such exists, then the Court may use applicable federal and state case law and statutory law, adopting those principles and procedures not in conflict with the laws, customs and traditions of the Pueblo of San Ildefonso.


TITLE II - PUEBLO OF SAN ILDEFONSO

CHAPTER 2 JUDICIAL POWER

Sec. 2.1 - Scope and Extent.

(1)The Judicial Power of the people of the Pueblo of San Ildefonso shall be vested in the Tribal Judiciary of the Pueblo of San Ildefonso and shall extend to all cases and controversies in law and equity arising under the duly enacted laws of the Council of the Pueblo of San Ildefonso under the provisions as set forth by the San Ildefonso Pueblo Tribal Council and on the traditions and customs of San Ildefonso Pueblo.

Sec. 2.2 - Jurisdiction.

The Pueblo of San Ildefonso shall have original jurisdiction over:

(1)All Crimes enumerated in this Code and committed within the territorial jurisdiction of the Pueblo by Indians.

(2)All Civil Actions arising under this Code, or tribal laws, in which the defendant is found within the territorial limits of the Pueblo and is served with process or who is found outside of the territorial limits of the Pueblo and who is validly served with process as provided in this Code.

(3)All persons who reside within or conduct business within or territorial limits of the Pueblo for whatever purposes.

(4)All territory, including but not limited to lands, waters, roadways, trails or right-of-way within the Pueblo of San Ildefonso, as established by patent issued under the Act of December 22, 1958 (11 Stat. 374) as amended, and all territory made a part of the territory of San Ildefonso by any other Acts of Congress, Executive Orders or Federal Court decisions adding lands to the territory of the Pueblo of San Ildefonso now or in the future and also extraterritorial jurisdiction for the purpose of protec ting the rights of the Pueblo of San Ildefonso and its members guaranteed by the Treaty of Guadalupe Hidalgo.

(5)The jurisdiction invoked by this Code over any person, cause of action or subject matter shall be concurrent with any valid jurisdiction over the same by the Courts of the United States; provided, however, this Code does not recognize, grant or cede ju risdiction to any other political or governmental entity in which jurisdiction does not otherwise exist in law.

Sec. 2.3 - The San Ildefonso Court of Appeals.

The San Ildefonso Court of Appeals is hereby established and granted jurisdiction to handle all appeals from the San Ildefonso Tribal Court as provided in this Code.

(1)The Court of Appeals shall consist of the members of the Tribal Council of the San Ildefonso Pueblo.

Sec. 2.4 - Definition of an Indian.

(1)For purposes of this Code, an Indian shall be defined as the following:

A.An enrolled member of the Pueblo of San Ildefonso.

B.An enrolled member of any federally recognized tribe in this United States and its territories; and

C.Any resident of the Pueblo who is considered an Indian by the traditions, customs, culture and mores of the Pueblo of San Ildefonso.

CHAPTER 3 - JUDGES OF THE PUEBLO OF SAN ILDEFONSO JUDICIARY

Sec. 3.1 - Selection, Removal, Disqualification, Duties.

(1)The Pueblo of San Ildefonso Tribal Court shall consist of one Chief Judge and one Associate Judge, as the San Ildefonso Pueblo Council any appoint by a majority vote. The Associate Judge or the Chief Judge may be designated as Judge of the Children's Court by the Chief Judge.

(2)Tribal Judges of the Pueblo of San Ildefonso Judiciary shall be compensated at a rate determined by the Governor and/or the Council.

(3)Tribal Judges of the Pueblo of San Ildefonso Judiciary shall be appointed for an indefinite term and shall continue in office unless removed or declared by the Council incapable of serving by absence, illness or other incapacity, and in accordance with the traditional practices and customs of the San Ildefonso Tribe.

(4)Tribal Judges of the Pueblo of San Ildefonso Judiciary shall meet the following requirements:

A.Must be in good standing within the community of the Pueblo of San Ildefonso.

B.Never convicted of a felony.

C.Must be at least twenty-five (25) years of age.

D.Should but not required to have knowledge of the language, customs, traditions and laws of the Pueblo of San Ildefonso.

(5)The Chief Judge, with the consent of the parties in any action pending before the Pueblo of San Ildefonso Tribal Court, any appoint a Judge Pro Tempore to hear and adjudge a particular case notwithstanding the requirements set forth in (4) above.

(6)The Governor and/or Council shall establish educational and in service training requirements for San Ildefonso Pueblo Tribal Judges and set up programs therefore, or require Tribal Judges to attend other available training sessions. Refusal of a Triba l Judge to participate in these required educational and in-service training programs may warrant suspension or removal.

(7)The Pueblo of San Ildefonso Court of Appeals shall consist of members of the San Ildefonso Pueblo Council who have not participated in or been a party to the case being appealed.

Sec. 3.2 - Removal of Judges of the Pueblo of San Ildefonso Judiciary

(1) Tribal Judges of the Pueblo of San Ildefonso Judiciary may be removed upon the grounds of gross misconduct involving moral turpitude or neglect of duty by the following procedures:

A.Notice of charges served personally on the tribal judge;

B.A public hearing before the Council ten (10) days after service of notice.

C.An opportunity for the Tribal Judge to appear at the hearing and to answer all charges and to present evidence in defense.

D.A vote for removal by an affirmative majority vote of the full Council.

Sec. 3.3 - Disqualification of judges of the Pueblo of San Ildefonso Judiciary.

(1)A Tribal Judge shall recuse himself from acting in any judicial proceedings in which he has any direct interest or when any party in the proceeding is a relative by marriage or blood in the first or second degree.

(2)Disqualification of a Tribal Judge may be petitioned by any party to a proceeding by filing a request with the Tribal Judge giving the reasons for disqualification. The Tribal Judge shall rule upon the disqualification or refer the petition to the San Ildefonso Governor and/or Council for a decision.

Sec. 3.4 - Duties and Powers of Judges of the Pueblo of San Ildefonso Judiciary.

(1)The Chief Judge, Associate Judge or Judge of the Children's Court shall hear and determine all matters which are duly and regularly filed in the San Ildefonso Tribal Court.

(2)The Tribal Judges of the Pueblo of San Ildefonso Judiciary shall have the power:

A.To issue any order or writ necessary and proper to the complete exercise of their powers;

B.To issue subpoenas to compel attendance of witnesses on their own motion or on the motion of any party in the proceeding before him and may punish for failure to comply with such subpoena;

C.To administer oaths to persons in proceedings before him and where necessary to carry out judicial duties;

D.To sentence, administer fines, hold in contempt, defer sentence or prosecution; and

E.To retain jurisdiction over the subject matter for a period of two (2) years.

(3)The Chief Judge shall be responsible for the administration of the Courts, shall assign cases, manage the Court's calendar and business. The Chief Judge may designate an Associate Judge to act as Chief Judge in his absence.

CHAPTER 4 - COURT CLERK

Sec. 4.1 - Selection, Qualification and Duties.

(1) The Court Clerk shall be appointed by the Chief Judge, with the concurrence of the Governor, as provided in the San Ildefonso Pueblo personnel policies and procedures.

(2)The Court Clerk shall meet the following qualifications:

A.Is Twenty-One (21) years of age or older and of good moral character;

B.Has never been convicted of a felony;

C.Has demonstrated competence in the skills essential to the preparation and maintenance of court records, and;

D.Has completed twelve (12) years of education or equivalent experience.

(3)The duties of the Court Clerk are:

A.To supervise and keep all records, files, dockets, or other records required by this Code;

B.To keep a record of all proceedings of the court;

C.To administer oaths;

D.To collect and account for all fines, bail or bond money, fees or other funds which come to the Court, to deposit and account for all such monies in the manner prescribed by the Council;

E.To assist the Court, Court Officials, and residents of the reservation in the filing of complaints, subpoenas, warrants, and any other documents necessary to the functions of the Courts; and

F.To perform all other functions which may be required by this Code or as may be directed by the Chief Judge.

CHAPTER 5 - LAW ENFORCEMENT OFFICERS, PROBATION AND PAROLE OFFICERS, JUVENILE OFFICERS, GAME WARDEN, LIVESTOCK AND RANGE INSPECTORS, AND OTHER OFFICERS OF THE COURT.

Sec. 5.1 Selection, Duties and Authority.

(1)The Governor, with the approval of the Council, shall appoint Law Enforcement Officers, Probation and Parole Officers, Juvenile Officer, Game Wardens and Livestock and Range Inspectors, traditional and other officers.

(2)The Council shall approve the qualifications, terms of employment, and compensation of such officers.

(3)The Council shall approve the duties of such officers including their authority to make arrests for violations of this Code or any others issued thereunder, and to carry out official orders of the Court.

(4)With the approval of the Council, Law Enforcement Officers, Probation and Parole Officers, Juvenile Officers, Game Wardens, Livestock and Range Inspectors, and other officers of the Court may accept deputy commissions from city, county, state and Feder al agencies.

(5)The Council may issue commissions with power of arrest for violations of this Code to city, county, state and Federal officers, and may deputize Law Enforcement Officers of the State, County; Municipality, and including Livestock and Range Inspectors a nd other individuals as traditions and customs and the law of the Pueblo of San Ildefonso dictate.

Sec. 5.2 - Bonding of Pueblo of San Ildefonso Judiciary and Court Personnel.

(1)All Judges, Clerk, and other Court personnel shall be bonded at the expense of the Pueblo of San Ildefonso, in amounts determined by the Council.

CHAPTER 6 - RECORDS OF THE PUEBLO OF SAN ILDEFONSO JUDICIARY

Sec. 6.1 Scope, Copies, Ordinances, Etc.

(1)The Court Clerk shall keep the Court Docket which shall consist of:

A.Names of each plaintiff and defendant in any civil or criminal proceeding;

B.Character and number of the proceeding;

C.Date of issuance of return date of any process issued therein;

D.Appearance or default of parties summoned;

E.Date and amount of any judgment or any other decision in the proceeding;

F.Any appeal therefrom;

G.Final disposition; and

H.Any other information as may be provided in this Code or directed by the Chief Judge.

Sec. 6.2 - Copies of Proceedings.

Any party involved in the proceedings may obtain a certified copy of the Court proceedings from the Clerk upon payment of the fee contained on the schedule established by the Chief Judge, unless expressly prohibited by this Code.

Sec. 6.3 - Pueblo of San Ildefonso Laws, Ordinances, Etc.

The Pueblo of San Ildefonso Judiciary shall be provided with copies of this Code, any amendments thereto, including ordinances adopted by the Council, and copies of other Federal and State Laws and regulations deemed by the Judiciary necessary, proper and applicable to the rights and conduct of persons subject to the jurisdiction of the Pueblo of San Ildefonso Judiciary and its judicial power and responsibilities.


TITLE III - RULES OF THE PUEBLO OF SAN ILDEFONSO JUDICIARY

Sec. 6.4 - Court Sessions.

Regular sessions of the court shall be held as established by order of the Court at the Pueblo of San Ildefonso Court in San Ildefonso, New Mexico or as designated by the Courts.

Sec. 6.5 - Official Station.

The Pueblo of San Ildefonso Court at San Ildefonso, New Mexico is designated as the place where current records of the Court shall be kept and the official station of the Court Clerk shall be designated by the Council.

Sec. 6.6 - Location of Filing.

All pleadings, motions, and other papers shall be filed with the Pueblo of San Ildefonso Court at San Ildefonso, New Mexico, or any other place which will be designated by the Council.

Sec. 6.7 - Copies of Documents.

Records or documents in the files of the Courts shall not be taken from the office or custody of the Court Clerk, except upon the consent of the Clerk. Only parties litigant or counsel for parties will be allowed the right to remove documents and only fo r good cause shown and after giving proper receipts to the Clerk.

Sec. 6.8 - Notice to Parties.

All cases at issue shall be set for trial on their merits at the time and place to be designated by toe Court and written notice of not less than five (5) days shall be given counsel and/or to the parties.

Sec. 6.9 - Extension of Time.

The Court may grant an extension of time to answer or otherwise plead to a complaint or amended complaint, if a written request is timely filed.

Sec. 6.10 - Court Decorum.

The following rules shall govern Court decorum not allowing any interference or disturbance with the proceedings before the Court:

(1)A Law Enforcement or other Pueblo Officer may be appointed Court Bailiff by the Judge and the Bailiff will open each session of the Court and be present to keep order in the courtroom at all times and to carry out orders of the presiding Judge to remov e persons violating these rules.

(2)The public will be permitted to the courtroom during trial sessions except that presence of spectators in the courtroom may be prohibited by the Judge during taking of certain testimony of a highly sensitive nature.

(3)All men in the courtroom shall remove their hats. All persons shall be dressed in a clean, neat manner, and no persons shall smoke or chew gum in the courtroom.

(4)Loud or unusual noises, the use of profane language or disturbance of any kind will not be tolerated in the courtroom.

(5)No one shall be allowed in the courtroom who appears to be under the influence of intoxicating liquor or drugs.

(6)Respect and courtesy shall be shown to the Judge, parties, and court officers at all times.

(7)A flag of the United States and the Pueblo of San Ildefonso shall be displayed in the courtroom at all times.

(8)No sketches, photographs shall be taken during proceedings of the court.

Sec. 6.11 - Exhibits.

All separate documents, Photographs, papers, written or printed instruments of any nature shall be given separate exhibit numbers with exhibits for the plaintiff numbered numerically and exhibits for the defendant marked alphabetically after being admitte d into evidence. In civil cases, all exhibits in the custody of the Clerk, after judgment becomes final or after final disposition of the action, shall be delivered or mailed by the Clerk to the parties offering the same or to their counsel. Any exhibit s refused by a party or counsel any be destroyed or otherwise disposed of by the Clerk upon order of the Judge.

Sec. 6.12 - Rules of Evidence.

Except as otherwise expressly provided under this Code, the Tiles of Evidence shall follow the Federal Rules of Evidence as guidelines in the criminal or civil proceedings of this Court.

Sec. 6.13 - Jury Trial.

When a demand for trial by jury is contained within a pleading instead of being separately filed, the demand shall be brought to the attention of the Clerk by the pleader, either orally or in writing, at the time of the filing of the pleading, which shall be made within the prescribed time limit, and the Clerk shall call this demand to the attention of the Tribal Judge.

Sec. 6.14 - Rules Governing Jury Trial.

(1)In any criminal case where there is a probable jail sentence upon conviction, a trial jury may be requested by the defendant at the preliminary hearing or arraignment or by written application to the Court within three (3) days thereafter.

(2)Either party litigant in a civil case involving a claim in excess of $500.00 may request a jury trial except in domestic relation cases, cases involving adoptions, probates, minors, incompetence, injunctions, contempt, and cases in the Court of Appeals .

(3)A jury shall consist of six (6) persons seated by the Chief Judge, from a list of twenty (20) resident members of the Pueblo of San Ildefonso sworn in prior to questioning, with the agreement of counsel.

(4)When the jury has been seated, the jurors' oath shall be administered by the Tribal Judge.

(5)Verdict of the jury may be rendered by a majority vote of four (4) jurors in a civil case, and five (5) jurors in a criminal case. If the plaintiff in a civil case or prosecution in a criminal case shall fail to win the required number of juror votes, judgment shall be entered for the defendant and case dismissed.

(6)Each juror shall be entitled to a fee for each day of jury service plus mileage for travel to and from Court payable by the Pueblo of San Ildefonso pursuant to a schedule established by the Court and approved by the Council.

Sec. 6.15 - Jury Duties.

The Court may order the jury to view the premises where the offense or other material facts occurred. The Court may order the discharge of a juror who becomes sick or is otherwise unable to perform his duty and substitute an alternate juror. In the abse nce of an alternate and the failure of the parties to stipulate to continue the trial with five (5) or less jurors, the jury shall be discharged and a new jury shall be formed to hear the case.

Sec. 6.16 - Lay Counsel.

Lay Counsel may practice in the Courts of the Pueblo of San Ildefonso.

(1)Each litigant in a civil case and every defendant in a criminal proceeding shall have the right to have lay counsel or spokesmen of their choice represent them at their own expense at a rate not to exceed the rate approved by order of the Chief Judge.

(2)If a defendant in a criminal proceeding has no such representation and cannot afford to obtain representation, then where conviction could result in confinement in a jail, the Tribal Judge may appoint lay counsel to represent the defendant at no expens e to the defendant.

(3)Admission of Lay Counsel or Spokesmen. All lay counsel or spokesmen who with to be admitted to the practice before the Court of the Pueblo of San Ildefonso any be admitted to practice upon approval of application in writing by order of the Chief Judge , as follows:

A.Any person who is an enrolled member of the Pueblo of San Ildefonso, twenty-one (21) years of age or older, is of good moral character, and demonstrates to the Court a thorough knowledge of this Code, the Rules of the Tribal Judiciary and knowledge of t he culture, traditions, and laws of the San Ildefonso people, is eligible to apply for admission to general practice as lay counsel or lay advocate or spokesman.

B.Any person who is admitted as lay counsel or spokesman to practice before the Court of the San Ildefonso Pueblo shall, at the discretion of the Chief Judge, furnish bond satisfactory to the Court.

C.No lay counsel or spokesman admitted to practice may act as security for costs or as surety on any appeal or other bond in any case pending in which he is interested.

D.No lay counsel or spokesman in a case may testify as a witness of the trial thereof, except upon permission of the court.

E.Lay counsel or spokesman may be disbarred by the Chief Judge for cause upon notice and a hearing and a finding of violation by the Chief Judge.

Sec. 6.20 - Death or Disability of the Judge.

In the case of death, illness or incapacity of the Judge during the course of a trial, the Chief Judge shall order a new trial and designate another Judge who shall have the same power, authority and jurisdiction as the original Judge.

Sec. 6.21 - Contempt of Court.

Any person may be charged in contempt of court for any of the following reasons:

(1)Disorderly, contemptuous, or insolent behavior, committed in immediate view and presence of the Court and directly tending to interrupt its proceedings or to impair the respect due to its authority.

(2)Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the Court.

(3)Willful disobedience of any process or order lawfully issued by the Court.

(4)Resistance willfully offered by any person to the lawful order or the process of the Court.

(5)The unlawful refusal of any person to be sworn or affirmed or refusal to answer any material questions except where refusal is based on grounds specified in the Indian Civil Rights Act of April 11, 1968 (82 Stat. 77), (25 U.S.C. 1301).

(6)The publication of a false or grossly inaccurate report of the proceedings of the Court.

(7)Any person who shall request a jury trial and fails to appear on date jury trial is scheduled.

(8)The Court may sentence a person found to be in contempt of court to confinement at labor for a period of not more than six (6) months or to pay a fine of not more than $500.00 or both, with costs, and may also issue such orders as are necessary to enab le the person to purge himself of the contempt. ,There is no right to a jury in a civil contempt hearing.

Sec. 6.22 - Default on Fine.

When a defendant defaults in the payment of a fine or any installment thereof, the Court, on its own motion, shall order the defendant to show cause why he is not in contempt and may issue a summons or an arrest warrant for the defendant's appearance. If good faith is shown or the defendant is indigent, the Court may allow additional time for payment or revoke all or part of the unpaid fine or require labor on behalf of the Pueblo of San Ildefonso or upon refusal of the defendant to cooperate, the Court may order imprisonment until the defendant agrees to cooperate. The Court also may order the seizure and sale of any personal property of the defendant found within the exterior boundaries of the Pueblo of San Ildefonso to satisfy the fine assessed pursua nt to this Code.

Sec. 6.23 - Disposition of Fines, Fees, and Other Payments Made to the Court.

Any funds paid to the Court of the Pueblo of San Ildefonso, other than funds collected for other persons, as a result of the provisions of this Code or other lawful orders of the Court, shall be paid to the Clerk of the Court who shall issue a receipt the refore and shall deposit those funds due the Pueblo of San Ildefonso to the Tribal Treasurer. The funds shall be recorded upon the accounts of the Pueblo and shall be available for expenditure upon appropriation by the Council for such purposes as the Co uncil may direct.

Sec. 6.24 - Disposition of Equipment and Property Confiscated by the Court.

Any property, including equipment, which may have been confiscated by lawful order of the Court in a criminal proceeding, after disposition of the case and an order as to the property, under the provisions of this Code shall be sold at public auction afte r five (5) days notice to the owner and the proceeds thereof deposited by the Clerk of the Court into the general Pueblo Treasury. The funds shall be recorded upon the accounts of the Pueblo and shall be available for expenditure by appropriation of Coun cil for such purposes the Council may direct.

Sec. 6.25 - New Trial.

The grounds for a new trial in a criminal proceeding as set by the Courts of the Pueblo of San Ildefonso are as follows:

(1)Receipt by the jury of evidence not authorized by the Court.

(2)Determination by the jury of a verdict by lot, through intimidation or without a fair expression of opinion.

(3)When the Court has failed to instruct the jury correctly as to the law or has improperly admitted prejudicial material as evidence or has made other errors at law prejudicial to the defendant.

(4) When for other prejudicial cause the defendant has not received a fair and impartial trial.

(5)New evidence discovered and not available at time of original trial.

(6)On such other grounds that will provide due and proper justice as determined by the Judge.

Sec. 6.26 - Appeals.

Appeals may be granted by the Tribal Council from a final order of the Tribal Court under the following procedures:

(1)Any party aggrieved by a final judgment or order of the Tribal Court in any case shall be entitled to appeal to the Tribal Council, provided that a notice of appeal is filed with the Secretary of the Council within ten (10) days after Judgment is enter ed.

(2)The appeal, if granted, shall be heard by the Tribal Council and the judgment of the Tribal Council shall be final.

(3)If an appeal is taken, the case shall be tried as a new trial.

(4)While a case is on appeal, no action shall be taken on the judgment of the Tribal Court until the appeal has been decided.

(5)Any party filing an appeal shall pay a filing fee in an amount established not to exceed fifty (50.00) dollars on the fee schedule of the Court.

Sec. 6.27 - Terms of Probation.

The Court, as a condition of any other granting probation to a defendant, may require the defendant:

(1)To meet family responsibilities.

(2)To undertake specific employment or occupation.

(3)To undergo available medical or psychiatric treatment and to attend rehabilitation programs and to enter and remain in a specified institution when required.

(4)To pursue a prescribed course of study or vocational training, including attendance at a Driver Training School.

(5)To attend or reside in a facility established for the instruction, recreation, and residence of person on probation.

(6)To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.

(7)To possess no firearm or other dangerous weapon unless granted written permission from the Court.

(8)To make restitution or reparation for the loss or damage of any unlawfulacts of commission or omission as may be directed by the Court.

(9)To remain within the jurisdiction of the Court and not to leave that jurisdiction without permission of the Court and to notify the Court or an officer thereof of any change in address or employment.

(10)To report as directed to the Court to a probation officer or other person designated by the Court.

(11)To post a bond, with or without surety, conditioned on the performance of any of these conditions.

(12)To satisfy any other conditions imposed by the Court reasonably related to the rehabilitation of the defendant.

Sec. 6.28 - Dismissal of Cases on File.

All cases now pending or on the docket of the Court, both civil and criminal, upon which no action has been taken for a period of three (3) years after filing shall be and are dismissed, with the approval of this Code, with prejudice, except that any part y to a civil case within six (6) months after final approval of this Code may move to have the case renewed or reinstated.

Sec. 6.29 - Cooperation by Federal and State Employees.

Employees of the Bureau of Indian Affairs and the State of New Mexico, particularly but not limited to those who are engaged in law and order, social services, health and educational work, may be requested by the Court to assist the Court in carrying out its duties but no such employee shall obstruct, interfere with or, in any manner attempt to influence the functions of the Court.

Sec. 6.30 - Amendment of the Rules of the Courts of the Pueblo of San Ildefonso.

(1)These rules may be amended by the pueblo of San Ildefonso Judiciary with the consent of the Governor and final approval of the majority of the Council.

(2)Any amendments to these rules of the Court shall be posted at the San Ildefonso Tribal Office and published in any local circular as notice to the public.

CHAPTER 7 - PRE-TRIAL CONFERENCE

Sec. 7.1 Pre-Trial Conference.

The procedure established in this Section are intended to establish a means whereby both civil and criminal disputes can be settled in the traditional and customary manner by discussion between the parties before a trusted, impartial tribal authority prio r to resorting to formal trial procedures and are incorporated as a part of the Code. The procedures require that formal Court authority be invoked by the filing of a complaint, but anticipate that a great percentage of cases can be settled by traditiona l and customary means, administered thereafter by the Tribal Court. The procedures set forth herein shall not be interpreted or applied to deny any person any right otherwise guaranteed by San Ildefonso Pueblo or Federal law, including the Indian Civil R ights Act.

Sec. 7.2 - Applicability.

The procedures established in this Section shall apply in all cases, both civil and criminal, if, at the appropriate times referred to herein, there are two (2) or more judges of the Tribal Court holding office on either a temporary or permanent appointme nt and one is available to participate as provided herein.

Sec. 7.3 - Civil Case.

A pre-trial conference as provided herein may be held in all civil cases once the case is at issue.

Sec. 7.4 - Criminal Cases.

A pre-trial conference as provided herein shall be held in all criminal cases in which the defendant agrees to participate, testify or otherwise cooperate, once the case is at issue by virtue of the defendant entering a plea of not guilty and request for jury to a complaint.

Sec. 7.5 - Time.

At such other time prior thereto as the Chief Judge shall order, a pre-trial conference shall be held as provided herein.

Sec. 7.6 - Attendance - Civil Cases.

All plaintiffs and all defendants shall be required to attend the pre-trial conference in a civil case. The parties may, upon obtaining the advance consent of the Tribal Judge assigned to conduct the pre-trial conference, bring with them such other perso ns, including their attorney, advocate or lay counselor, as will tend to further the resolution of the issues of the case.

Sec. 7.7 - Attendance - Criminal Cases.

The defendant, complaining witness, arresting officer and such other witnesses as either side may desire to summon, shall be required to attend the pre-trial conference in a criminal case. Upon obtaining the advance consent of the Tribal Judge assigned to conduct the pre-trial conference, either side may summon other persons, including the prosecuting or defense attorneys, advocates or lay counselors, as will tend to further the resolution of the issues of the case and the proper disposition of the defend ant, should guilt be admitted. Such other persons may, but need not include the defendant's spouse, other family members, and any social workers, probation officers or similar persons having professional training.

Sec. 7.8 - Conduct of Pre-Trial Conference.

There shall be no record or transcript made of the proceedings at the pre-trial conference nor shall any statements made therein by any person be used for any purpose should the case ultimately come to trial. If agreement is reached on some or all of the issues presented in the case, such agreement shall be recorded by the Tribal Judge conducting the pretrial conference, or Court Clerk at the Tribal Judge's direction, and may be embodied in a final or interlocutory order or judgment or in a pretrial orde r prepared to govern the conduct of any trial subsequently held.

Sec. 7.9 - Public and Attorneys.

Pre-trial conference as provided herein shall not be open to the public, but professional attorneys, advocates or lay counselors or other parties may be allowed by the Tribal Judge to attend as representatives of the parties or otherwise (unless parties t hemselves).

Sec. 7.10 - Judge's Function.

The Tribal Judge conducting the pre-trial conference shall listen to the positions of the parties and attempt to work out a settlement of all or some of the issues of the case. Such settlement shall not be inconsistent with the laws, ordinances, customs, and traditions of the Tribe.

Sec. 7.11 - Disposition of Cases.

In the event a settlement of the case is worked out, the Tribal Judge conducting the pretrial conference shall cause a record to be made of such settlement by means of an order or judgment entered in the record of the case. In the event that some of the issues are not agreed to, the Tribal Judge shall cause a pre-trial order to be prepared stating what issues have been settled and what issues remain to be tried and such pre-trial order shall supersede the pleadings for purposes of framing the issues for trial.

The pre-trial order may also contain agreements, stipulations, or orders by the Court as to the production of witnesses and evidence and the conduct of discovery before trial. If trial appears necessary, the Court Clerk shall, at the time of the pre-tria l conference, obtain the names of all persons to be subpoenaed as witnesses and prepare and arrange for service of the necessary subpoenas.

Sec. 7.12 - Voluntary Agreements.

No settlement of the issue in a civil case should be made at the pretrial conference except with a voluntary agreement of all parties involved and a determination of the issue, as taken and affirmed by the Judge conducting the pre-trial conference. No se ttlement of any criminal charge in a criminal case shall be made at the pre-trial conference except with the voluntary agreement of the defendant, as taken and affirmed by the Judge conducting the pre-trial conference. The defendants in criminal cases sh all be afforded the opportunity to consult with counsel of their choosing (at their own expenses) if they so desire, prior to agreeing to any judgment or order settling the case or any issue thereof or agreeing to a pre-trial order.

Sec. 7.13 - Criminal Defendants.

A defendant in a criminal pre-trial conference shall not be required to testify, cooperate or otherwise participate in the pre-trial conference. The Judge conducting the pre-trial conference in a criminal case shall explain these matters to the defendant at the beginning of the conference and shall, if a settlement involving an admission of guilt is reached, determine the voluntariness of the agreement and determine that the defendant understands the rights being given up to the same extent as would be d etermined by the Court if a guilty plea had been offered originally.

Sec. 7.14 Unsettled Cases.

All cases not settled either in whole or in part at the pre- trial conference shall be scheduled for trial and a trial held before a Judge, other than the Judge conducting the pre-trial conference, as if no such pre-trial conference had been held, except that any pre-trial order agreed to by the parties prior to the trial shall be controlling at the trial.


TITLE IV - RULES OF CRIMINAL PROCEDURE

CHAPTER 8PRE-TRIAL PROCEDURE

Sec. 8.1Rules to Govern.

These rules govern the procedures in all criminal cases in the Courts of the Pueblo of San Ildefonso. These rules are intended to provide for fair trial and the just determination of every criminal proceeding before the Courts. These rules shall be cons trued to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and salary.

Sec. 8.2 - Complaint.

Any criminal complaint filed in the Court to be valid shall state the following facts:

(1)The name of the complaining witness, the name of the defendant and the statement whether the defendant is an Indian within the exterior boundaries of the Pueblo of San Ildefonso or on the other lands under the jurisdiction of the Pueblo of San Ildefons o.

(2)A short statement of the acts constituting the offense in ordinary language, including the alleged acts and the time and place of the acts, making reference to the section of the Criminal Offenses. If the acts constitute more than one offense, such of fense should be stated separately. Crimes may be charged using the language of this Code.

(3)The name of the Judge before whom the complaint was filed and the date of filing. A complaint shall be signed by the complaining witness and the Judge.

(4)Prior to the signing of any criminal complaint by the Judge involving a family dispute, the Judge may counsel with the parties, or refer them to someone designated by him as Peacemaker in an effort to resolve the dispute between the parties, according to the tradition and custom of the Pueblo of San Ildefonso, or the Judge may divert the offending party to an appropriate treatment or rehabilitation center if the facts warrant.

Sec. 8.3 - Warrant to Apprehend.

An arrest warrant shall be issued by the Judge.

(1)After a complaint has been filed from which it appears that there is probable cause to believe that an offense in violation of this Code has been committed and is considered serious and that the defendant has committed it.

(2)The warrant shall contain:

A.The name of the person to be arrested or if his name is unknown, any description by which he can be identified with reasonable certainty;

B.The offense or offenses charged in the complaint;

C.The date of issuance and signature of the Judge.

(3)No warrant shall be issued more than three (3) years after the commitment of any alleged offense.

(4)In lieu of an arrest warrant, the Judge may issue a summons or citation naming the defendant and offense charged and ordering the person to appear before him at a specified time and place to enter a plea to the charge.

Sec. 8.4 - Execution of Warrant of Summons

The warrant, summons, or citation still be executed or served by a Law Enforcement Officer within the jurisdiction of the Pueblo of San Ildefonso or in "hot pursuit" of the person or persons. Upon execution of the warrant, summons, or citation or the fail ure to find the defendant, the Law Enforcement Officer shall endorse the warrant, summons, or citation and return it to the Clerk of the Court. Any unexecuted warrant, summons or citation may be canceled at any time by the Judge who issued it.

Sec. 8.5 - Law Enforcement Officer.

Law Enforcement Officers shall include any police officer, probation and parole officer, juvenile officer, game warden or livestock or range inspector, or other officer commissioned by the Governor of the Pueblo of San Ildefonso or by the Federal Governme nt to make arrests.

Sec. 8.6 Arrests.

No Law Enforcement Officer, or other officer commissioned to make arrests, shall arrest any person for any offense defined by this Code unless:

(1)The offense was committed in the presence of the Officer, or

(2)The Officer had probable cause in believe that the person has committed such an offense, or

(3)A warrant has been issued for the arrest of the person.

Sec. 8.7 - Warnings.

When any person is arrested, he shall:

(1)Be informed of the right to remain silent and that any statement made by him may be used against him;

(2)Be informed of the complaint against him;

(3)Be informed of his right to retain lay counsel or professional attorney at his own expense;

(4)If arrested pursuant to a warrant, receive a copy of the warrant and complaint at the time of arrest or as soon thereafter as possible.

Sec. 8.8 - Bail.

Every person charged with an offense before the Court may be admitted to bail, after photographing and fingerprinting, before conviction (or after conviction if an appeal is pending) as provided under these conditions.

(1)Acceptance by the Tribal Court of a cash surety bond or undertaking as will in the opinion of the Judge ensure the appearance of the defendant on the date set for trial, giving consideration to the nature and circumstances of the offenses and the chara cter, reputation, and previous criminal record of the defendant and his residence.

(2)The amount of the bail shall not exceed twice the minimum fine for each offense charged, but in no event shall the bail be set for more than $500.00.

(3)The defendant also may be released by the Judge on or before the arraignment before the Court upon the defendant's own recognizance.

Sec. 8.9 - Forfeiture.

Upon good cause shown, the Court may increase or decrease the bail originally set (but not over $500.00). If the defendant fails to appear before the Court as lawfully required, the Court may direct on entry of such failure to be made in the record, order the forfeiture of the bond or cash deposit and issue a warrant for the arrest of the defendant.

Sec. 8.10 - Return of Surety.

Any cash or other property given as security by the surety or defendant shall be returned by the Court upon the entry of a not guilty verdict or the issuance of a commitment order unless the case is appealed in which cash bail or surety may be extended.

Sec. 8.11 - Detention.

No person shall be detained, jailed or imprisoned under this Code for a period longer than seventy-two (72) hours (exclusive of Saturdays and Sundays and holidays) without a preliminary (arraignment) hearing before the Tribal Court and shall be released f rom custody after seventy-two (72) hours if no hearing is held and no temporary commitment order is issued. During the period of detention, the person may be taken under protective custody to a treatment center if, in the opinion of the Officer, this pro cedure is necessary for the well-being of the arrested or detained party. If a longer time than seventy-two (72) hours is needed before being brought before a Judge, the person shall be released on his own recognizance or bail pending time of arraignment .

Sec. 8.12 - Arraignment Procedure.

At the arraignment:

(1) The complaint shall be read to the defendant who shall be properly identified.

(2)The Judge shall explain the offense and the penalties prescribed by this Code to the defendant and shall-determine that the defendant understands the nature of the charge and possible penalties.

(3)The Judge shall advise the defendant of his right to remain silent and that any statement made by the defendant may be used against the defendant and the right at his own expense to the assistance of lay counsel or Professional attorney admitted to pra ctice before the Court of the Pueblo of San Ildefonso and the right to a trial by jury, under the provisions of this Code.

(4)The Judge shall ask the defendant to plead as follows: guilty, not guilty or no contest. A plead of 'no contest' shall be interpreted by the Court for the purpose of sentencing in the same way as admission of guilt. If the defendant refuses or fails to plead, or if the Court does not accept the defendant's plea of guilty, the Court shall direct the entry of a plea of not guilty on behalf of the defendant.

(5)The Judge shall be satisfied that any plea is made at the free will of the defendant.

(6)The Judge may defer any further action in the case and take the case under advisement upon defendant's agreement to enter a treatment or rehabilitation facility.

Sec. 8.13 - Sentencing.

If the Court is convinced that the defendant pleaded guilty of his free will or pleads no contest, the Court shall accept the plea and shall sentence the defendant immediately or within a reasonable period during which time the defendant may be detained b y temporary commitment, released on bill or on own recognizance. Before sentencing, the police report shall be read by the arraignment officer and the Judge shall acknowledge that the police report is sufficient for finding of guilt.

Sec. 8.14 - Trial Date.

If the defendant enters a plea of not guilty, the Court shall set a date for trial which shall be not less than five (5) days nor, unless based on due cause, more than sixty (60) days from the date of arraignment.

Sec. 8.15 - Release.

The defendant may be eligible for release from custody while awaiting trial in accordance with the provisions of this Code.

Sec. 8.16 - Order for Detention.

Unless so released, the Judge may order the detention of the defendant by signing a temporary commitment to that effect.

Sec. 8.17 - Commitments.

There shall be issued for each person held for trial or sentencing a temporary commitment and for each person held after sentence has been passed a final commitment.

Sec. 8.18 - Search and Seizure, Warrant.

Every Judge of the Tribal Court shall have the power to issue warrants for search and seizure of property within the jurisdiction of the Court provided that no warrant shall be issued except:

(1)Upon probable cause that an offense has been committed supported by oath or affirmation signed by the complaining witness naming or describing the person and particularly describing the items or articles to be seized, the place to be searched and the r easons for its issuance.

(2)To an Officer to be served between 7:00 A.M. and 10:00 P.M., unless the Judge for good cause authorizes service at another time and such authorization is noted on the warrant.

Sec. 8.19- Search and Seizure, No Warrant.

No Law Enforcement Officer shall search or seize any property without warrant nor shall any property seized be admitted into evidence unless:

(1)The Officer has reasonable cause to believe that the person in possession of such property is engaged in the commission of an offense.

(2)The search is incidental to a lawful detention of a motor vehicle or lawful arrest or is reasonably related to the offense for which the defendant is taken into custody.

(3)The Officer has probable cause to believe that the person has in possession contraband or fruits of the crime and the time to get a warrant would endanger the Officer's safety or seriously risk the destruction of the evidence.

CHAPTER 9 TRIAL PROCEDURE

Sec. 9.1 Right to jury.

Criminal cases shall be tried by the Court unless the defendant demands a jury trial. Any defendant charged with a criminal offense under this Code which could result, by law or custom, in punishment by confinement is entitled to a jury trial on demand. The demand may be made orally at the preliminary hearing or arraignment or by written application to the court three (3) days thereafter.

Sec. 9.2 - Trial.

The trial should proceed in the following manner, before the Court if no jury trial is demanded; if, the defendant is entitled to and has demanded a trial by jury, and after the jury has been impaneled as provided by the rules of the Court and sworn by th e Judge:

(1)The Clerk shall read the complaint and state the defendant's plea.

(2)The Court shall give all of its rulings on motions already filed and accept any pre-trial notions for ruling by the Court. All arguments on motions shall be made outside the hearing of the jury in a trial by jury.

(3)The opening statements shall be made by the Prosecutor or person acting in such capacity followed by the defendant or his lay counsel or professional attorney. The Prosecutor may waive an opening statement and the defendant may waive an opening statem ent or reserve the right to make an opening statement after the prosecution has rested its case.

(4)Evidence shall be presented in support of the charge, and the defendant, lay counsel or professional attorney shall have the right to cross examine any witnesses called by the Prosecutor.

(5)The testimony of witnesses shall be taken orally in open Court, but upon motion of prosecutor or defendant, lay counsel or professional attorney, witnesses nay be sequestered or excluded until called upon to testify. Testimony can also be given as evi dence by properly executed sworn affidavits, dispositions or written interrogatories. Physical evidence shall be introduced and admitted only after a proper foundation has been laid as to its relevancy.

(6)The defendant any make a motion for judgment of not guilty or directed verdict of acquittal at the close of the evidence offered by the prosecution. If the evidence is not sufficient to support a conviction of the offense charged (beyond a reasonable doubt), the Court shall order the entry of judgment of not guilty or a directed verdict of acquittal of the offense charged.

(7)The Court nay also enter judgment of not guilty on its own motion after the evidence on either side is closed, and shall do so if the evidence is not sufficient to support a conviction of the offense charged beyond a reasonable doubt.

(8)After the prosecution has rested its case, the defendant, lay counsel or professional attorney shall have the burden to proceed with the defense and evidence in support thereof, and the prosecution shall have the right to cross-examine any witnesses ca lled by the defendant, lay counsel or professional attorney.

(9)The parties may then offer rebutting testimony only on matters relating to direct testimony, except that the Court may, in the interest of justice, permit the introduction of newly discovered evidence.

(10)The prosecution and the defendant, lay counsel or professional attorney may then present final arguments in the case, the prosecution having the right to open and close.

(11)The Judge shall charge the jury orally or in writing stating the law as applicable to the case. At any time during the trial, the Judge may give the jury such instruction as to the law as he considers necessary. The Judge shall instruct the jury tha t the defendant is presumed to be innocent, that the burden of proof rests on the prosecution, that the evidence must show beyond a reasonable doubt that the defendant has committed the crime charged, that if the defendant did not testify, that his failur e to testify shall not be considered as evidence that he is guilty, and that the verdict of the jury must be a majority vote, meaning that all but one (1) jury member must agree to the verdict.

(12)Objections to the instructions not made before the jury determines its verdict shall be deemed waived. The Federal Rules of Evidence shall be followed as applicable.

Sec. 9.3 - Rights of Defendant.

In all criminal prosecutions, the defendant shall have the following rights:

(1)The right to be present throughout the proceeding and to defend himself in person, by lay counsel or professional attorney at his own expense.

(2)The right to know the nature and cause of the charge and to receive a copy of the complaint.

(3)The right to present witnesses and to meet the witnesses against him face to face and cross-examine them.

(4) The right to compulsory process to obtain the testimony of witnesses and physical evidence in his behalf.

(5)The right to a speedy and public trial and a trial by an impartial jury if conviction could result in punishment by confinement under this Code.

(6) The right not to testify. The failure of the defendant to testify shall not be construed against him or be commented upon by the prosecution.

CHAPTER 10 - POST TRIAL PROCEDURE

Sec. 10.I - Directed Verdict.

At any time after the close of the evidence, the Court may direct a verdict of acquittal. If no directed verdict of acquittal is ordered, the Court shall charge the jury as to the law and the jury shall retire to determine a verdict. The jury must rende r a verdict for conviction by majority vote of five (5) jurors on any charge in the complaint. After the verdict of the jury has been announced by the Judge, he shall discharge the jury. If the trial is without a jury, the finding of guilt or innocence shall be made by the Court.

Sec. 10.2 - Acquittal.

If the Court finds the defendant not guilty or the jury brings in a verdict of not guilty on all counts of the complaint, a judgment of not guilty or acquittal shall be announced by the Court and entered in the official records by the Clerk, along with th e names of the jurors in the case, and the defendant shall be immediately discharged.

Sec. 10.3 - Conviction and Sentencing.

Within a reasonable time or immediately after a plea of guilty, a finding of the guilt by the Court, or a verdict of guilty by the jury, and after such pre-sentencing investigation as the Court may direct, the Court shall sentence the defendant in its dis cretion pursuant to the applicable provisions of this Code, and deliver to the Law Enforcement Officer a signed copy of the final commitment. The judgment of conviction shall state the charge, the plea, the verdict and the sentence. The judgment shall b e signed by the Judge and entered in the official records by the Clerk. The final commitment shall direct that the prisoner be held in custody until the prisoner has satisfied the sentence according to law, or be held in suspension provided the convicted person follows a course of treatment and rehabilitation or other order of the Court.

Sec. 10.4 - Motion for New Trial.

A motion for a new trial to be held in the Tribal Court may be made by the defendant within seven (7) days after judgment. The Court shall grant a motion for a new trial for the cause set forth in the Rules of the Court, if such trial, in the discretion of the Court, is required in the interest of justice.

Sec. 10.5 - Right of Appeal.

Upon imposing sentence in a case which has gone to a trial after a plea of not guilty, the Court shall advise the defendant upon conviction by the Court or jury, if the defendant has not already been so advised, of his right to file an appeal within ten ( 10) days. All appeals shall be made in accordance with the Rules of the Court.

Sec. 10.6 - Probation.

After conviction of an offense by the Court or jury, the Court may suspend, upon such reasonable terms and conditions as it considers necessary, at any time, all or any part of the sentence or remainder of the sentence and release the prisoner on probatio n under the rules of the Court. In granting probation, the Judge shall consider the prior criminal record of the prisoner, his background, character, financial conditions, family obligations, and other conditions as specified in the Rules of the Court.

Sec. 10.7 - Violation of Probation and Parole.

If any person shall violate probation or parole, that person may be required to serve the balance of the original sentence (plus an additional sentence for probation or parole violation), but the Court shall not revoke probation or parole except after a h earing at which the defendant shall be present, advised of the charges on which revocation is proposed, and defend against the charges. The defendant may be admitted to bail pending such hearing.

CHAPTER 11 SENTENCING

Sec. 11.1 Discretion of Court.

Any final commitment of the Court may include:

(1)Serving of sentence on weekends or in any other appropriate manner.

(2)Labor for public purposes of the Pueblo while in confinement or in lieu thereof.

(3)Confiscation of any material substance or equipment used in wrongful and illegal acts and making appropriate disposition thereof pursuant to this Code.

Sec. 11.2 - Credit.

The convicted person shall receive full credit toward his sentence for any time spent in confinement prior to final commitment in connection with the same offense, and further, shall be given one (1) additional day credit each week for good time served.

Sec. 11.3 - Confinement in Lieu of Fine.

No convicted person shall be confined solely because of inability to pay a fine, however, sentence may be imposed upon any convicted person who is able but refuses to pay a fine.

Sec. 11.4 - Payment of Fine.

When the defendant is sentenced to pay a fine, the Court may permit payment within a definite period or by installment. In the absence of such permission, a fine shall be payable forthwith. Fines and any installment thereof shall be payable to the Court Clerk, properly receipted for and entered upon the trial record and docket, and deposited weekly with the Pueblo Treasury.

Sec. 11.5 - Work Credit.

Any prisoner who performs work for the Tribe during the period of his sentence shall be given two (2) days credit for each one (1) day of satisfactory work performed.


TITLE V - UNIFORM CRIMINAL EXTRADITION ACT

CHAPTER 12 - EXTRADITION

Sec. 12.1 - Authority of the Governor.

(1)The Governor may in his discretion have arrested and delivered up to the executive authority of any State, Tribe or the United States any person charged with a crime in the jurisdiction and who has fled from justice and is found in the jurisdiction of the pueblo of San Ildefonso.

Sec. 12.2 - Demand for Extradition - Requirements.

No demand for the extradition of a person charged with crime in another jurisdiction shall be recognized by the Governor unless in writing alleging that the accused was present in the demanding jurisdiction at the time of the commission of the alleged cri me, and that thereafter he fled from that jurisdiction, and accompanied by a copy of an indictment found or by information supported by affidavit made before a magistrate or Judge there, together with a copy of any warrant which was issued thereupon, toge ther with a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding jurisdiction that the person claimed has escaped from confinement or has broken the terns of his bail, probation or parole. The indictment, information or affidavit made before the magistrate or Judge must substantially charge the person demanded with having committed a crime under the law of that jurisdiction; and the copy of indictment, inform ation, affidavit, judgment of conviction or sentence must be certified or authenticated by the executive authority upon demand.

Sec. 12.3 - Investigation of Demand - Report.

When a demand shall be made upon the Governor for the surrender of a person so charged with crime, the Governor shall cause an investigation to be made of the demand and to report to him the situation and circumstances of the person so demanded and whethe r he ought to be surrendered.

Sec. 12.4 - Return or Surrender of Person Charged in Another Jurisdiction.

When it is desired to have returned to the Pueblo of San Ildefonso a person charged by the Pueblo of San Ildefonso with a crime and such person is imprisoned or is held under criminal proceedings then pending against him in another jurisdiction, th e Governor may agree with the executive authority of such other jurisdiction for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other jurisdiction, upon condition that such person be returned to su ch other jurisdiction at the expense of the Pueblo as soon as the prosecution in the Pueblo is terminated. The Governor may also surrender on demand of the executive authority of any other jurisdiction any person in the jurisdiction of his Pueblo who is c harged with having violated the laws of the jurisdiction whose executive authority is making the demand, even though such person left the demanding jurisdiction involuntarily.

Sec. 12.5 - Surrender of Persons Charged with Crime Committed in Other Than Demanding Jurisdiction.

The Governor may also surrender, on demand of the executive authority of any other jurisdiction, any person in the jurisdiction of the Pueblo of San Ildefonso charged in such other jurisdiction with committing an act in the Pueblo of San Ildefonso in a th ird jurisdiction, intentionally resulting in a crime in the jurisdiction whose executive authority is making the demand and the provisions of this Section not otherwise inconsistent, shall apply to such cases, even though the accused was not in that juris diction at the time of the commission of the crime, and has not fled therefrom.

Sec. 12.6 - Warrant of Arrest.

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the Pueblo Seal, and be directed to any Law Enforcement Officer for execution. The warrant must substantially recite the facts necessary to the validity of the issuance.

Sec. 12.7 - Authority of Officer or Other Person Under Warrant.

Such warrant shall authorize the Law Enforcement Officer to whom directed to arrest the accused at any time and any place where he may be found within the jurisdiction of the Pueblo of San Ildefonso and to command the aid of all Low Enforcement Officers i n the execution of the warrant, and to deliver the accused, subject to the provisions of this Section, to the duly authorized agent of the demanding jurisdiction.

Sec. 12.8 - Authority to Command Assistance.

Every Law Enforcement Officer empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, a Law Enforcement Officer has by law in this execution of any criminal process to them, with like penalties against those who refuse their assistance.

Sec. 12.9 - Rights of Persons Arrested.

No person arrested upon such warrant shall be delivered over to the agent when the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a Judge of the Pueblo of San Ildefonso who shall infor m him which he is charged, and that he has the right to demand the procurement of legal counsel at his own expenses; and, if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the Judge shall fix a reasonabl e time to be allowed him within which to apply for a writ of habeas corpus. When such a writ is applied for, notice thereof, and of the time and place of hearing thereof, shall be given to the said agent of the demanding jurisdiction.

Sec. 12.10 - Delivery of Person in Violation of Section-Penalty.

Any Law Enforcement Officer, who shall deliver to the agent for extradition of the demanding jurisdiction, a person in his custody under the Governor's warrant, in willful disobedience of the previous Section shall be guilty of an offense and upon convict ion thereof may be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of $500.00 or both, with costs.

Sec. 12.11 Confinement of Prisoner.

The Law Enforcement Officer executing the Governor's warrant of arrest, or the agent of the demanding jurisdiction to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any jurisdiction through which he any pass and the keeper of such jail must receive and safely keep the prisoner until the Law Enforcement Officer is ready to proceed on his route, such officer being chargeable with the expenses of keeping the prisoner.

Sec. 12.12 Charge or Complaint - Warrant of Arrest.

Whenever any person within the jurisdiction of this Pueblo of San Ildefonso shall be charged on an oath of any credible person before any Judge of this Pueblo with the commission of any crime in any other jurisdiction and, with having fled from justice or with having been convicted of a crime in that jurisdiction and having escaped from confinement or having broken the terms of his bail, probation or parole or whenever complaint shall have been made before any Judge of this Pueblo setting forth on the aff idavit or any credible person in another jurisdiction and that the accused has been charged in such jurisdiction with commission of a crime and has fled from justice and having escaped from confinement or having broken the term of his bail, probation or p arole, and is believed to be in the jurisdiction of this Pueblo, the Judge shall issue a warrant directed to any Law Enforcement Officer commanding him to apprehend the person named therein, wherever he may be found in this Pueblo and to bring him before the same or any other Judge of the Pueblo or which may be available in our convenient of access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached.

Sec. 12.13 Arrest Without Warrant.

The arrest of a person may be lawfully made with the approval of the Governor's Office also by a Law Enforcement Officer of a private person, without a warrant upon reasonable information that the accused stands charged in the Courts of another jurisdicti on with a crime but when so arrested the accused must be taken before a Judge of the Trial Court with all practicable speed and complaint must be made against him under oath setting forth any ground for the arrest and thereafter his answer be heard as if he had been arrested on a warrant.

Sec. 12.14 - Preliminary Examination - Commitment.

If, from the examination before the Judge, it appears that the person held is the person charged with having committed the crime alleged and that he has fled from justice, the Judge must, by a warrant reciting the accusation, commit him to the closest jai l for such a time not exceeding thirty (30) days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the jurisdiction having jurisdiction of the of fense, unless the accused gives bail.

Sec. 12.15 - Bail.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the jurisdiction in which it was committed, a Judge of the Pueblo Tribal Court may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon his surrender, to be arrested upon the warrant of the Governor.

Sec. 12.16 - Failure to Make Timely Arrest or Demand for Extradition.

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a Judge may discharge him or may recommit him for further period not to exceed sixty (60) days or a Judge may again take bail for his appearance and surrender but within a period not to exceed sixty (60) days after the date of such new bond: Provided, that the Governor may, except in cases in which the offense is punishable under laws of the demanding jurisdiction by death or life i mprisonment, deny a demand for extradition when such demand is not received by the Governor before the expiration for one-hundred eighty (180) days from the date of the arrest in this Pueblo of the alleged fugitive in the absence of a showing of good caus e for such delay.

Sec. 12.17 - Failure to Appear - Bond Forfeiture - Recover on Bond.

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the Judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the jurisdic tion of the Pueblo of San Ildefonso. Recovery may be had on such bonds given by the accused in criminal proceedings within the jurisdiction of the Pueblo.

Sec. 12.18 - Pending Criminal Prosecution.

If a criminal prosecution has been instituted against such person under the laws of the Pueblo and is still pending, the Governor in his discretion, either surrender him on demand of the executive authority of another jurisdiction or hold him until he has been tried and discharged or convicted and punished by the Pueblo.

Sec. 12.19 - Recall or Reissuance of Warrant.

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

Sec. 12.20 - Demand by Governor of the Pueblo of San Ildefonso for Extradition - Warrant - Agent.

When the Governor of the Pueblo of San Ildefonso shall demand a person charged with a crime or with escaping from confinement or breaking the terms of this bail, probation or parole in the jurisdiction of this Pueblo, from the executive authority of any o ther jurisdiction, authorized to receive such demand, he shall issue a warrant under the Seal of the Pueblo to a Law Enforcement Officer commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Pueblo .

Sec. 12.21 - Application for Requisition for Return of Person - Contents Affidavits - Copies.

(1) When the return to this Pueblo of a person charged with a crime under the jurisdiction of this Pueblo is required, the Court shall present to the Governor written application for a requisition for the return of the person so charged, the crime charge d against him, the approximate time, place, and circumstances of its commission, the jurisdiction in which he is believed to be, including location of the accused therein at the time the application is made and certifying that, in the opinion of the Judge , the ends of justice require the arrest and return of the accused to this Pueblo for trial and that the proceeding is not instituted to enforce a private claim.

(2)When the return to this Pueblo is required of a person who has been convicted of a crime under the jurisdiction of this Pueblo and has escaped from confinement or broken the terms of his bail, probation or parole, the Court shall present to the Governo r a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of hi s bail, probation or parole, the jurisdiction in which he is believed to be, including the location of the person therein at the time the application is made.

(3)The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment or information and affidavit filed or of the complaint made to the Judge, stating the offense with whi ch the accused is charged or of the judgment of conviction or of the sentence. The Judge may also attach such further affidavit and other documents in duplicate as he shall deem proper to be submitted with such application. One (1) copy of the applicati on, with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the Office of the Gov ernor's Secretary to remain as record in that Office. The other copies of all papers shall be forwarded with the Governor's requisition.

Sec. 12.22 - Civil Process - Service on Extradited Person.

A person brought into this pueblo by or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or ha s been returned until he has been finally convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the jurisdiction from which he was extradited.

Sec. 12.23 - Waiver of Extradition.

Any person arrested in the jurisdiction of this pueblo charged with having committed any crime in another jurisdiction or alleged to have escaped from confinement or broken terms of his bail, probation or parole, may waive issuance and service of the warr ant provided for and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of any tribal court a writing which states he consents to return to the demanding jurisdiction; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such Judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus.

If and when such consent has been duly executed, it shall forthwith be forwarded to the Office of the Governor and filed therein. The Judge shall direct the Law Enforcement Officer of having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding jurisdiction, and shall deliver or cause to be delivered to such agent or agents a copy of such consent: Provided, however, that nothing in this Section shall be deemed to limit the rights of the accused pe rson to return voluntarily and without formality to the demanding jurisdiction nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding jurisdiction or this Pueblo.


TITLE VI - CRIMINAL OFFENSE

CHAPTER 13

Sec. 13.1 - Abduction.

Any person who shall willfully take or detain another person against his/her will or takes, detains, or entices a child under eighteen (18) from custody of its parents or other lawful custodian, when he/she lacks lawful permission to do so, shall be guilt y of the offense of abduction and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.2 - Abuse of Office.

Any person acting or purporting to act for the Pueblo in an official capacity, taking advantage of such official or purported capacity, knowing that his conduct is illegal and who shall subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of person or property rights or shall deny or impede another in the exercise or enjoyment of any right, privilege, power or immunity, shall be guilty of the offense of abuse of office, and upon convict ion thereof, shall be sentenced to confinement for a period of not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.

Sec. 13.3 - Adulteration of Food or Drink.

Any person who shall knowingly manufacture, sell or keep or offer for sale any food, drug or drink, in the making of which any harmful or foreign substance is used, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinem ent for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.4 - Assault.

Any person who shall attempt to commit battery on another person or threaten bodily harm to another person through use of unlawful force or violence or verbal threats shall be guilty of assault and, upon conviction thereof, shall be sentenced to confineme nt for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace.

Sec. 13.5 - Battery.

Any person who shall willfully strike another person or otherwise intentionally inflict bodily injury on another person or who shall cause another to harm himself shall be guilty of battery and, upon conviction thereof, shall be sentenced to confinement f or a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs. In the discretion of the Court, such offenders may be required to pay any hospital and doctor bills for treatment of injuries as a result of the battery a nd support the victim's family during the victim's incapacity to work and to furnish a satisfactory bond to keep the peace.

Sec. 13.6 - Bigamy.

Any person who being Tarried to another intentionally marries any other human shall be guilty of the offense of bigamy; provided, that no Indian shall be guilty thereof who believes that the prior spouse is dead or whose original spouse shall have been ab sent for seven (7) successive years, without being known to be living or, if the original marriage has been presumed to be dissolved, pronounced void or annulled by the decree of a Court of competent jurisdiction. Upon conviction thereof, such person sha ll be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $180.00 or both, with costs.

Sec. 13.7 - Breaking and Entering.

Any person who breaks into or attempts to break into any dwelling, vehicle, boat, or building of any nature or makes or attempts to make an unauthorized entry into any vehicle, boat, dwelling or any other structure, with the intent to commit any crime the rein, without the permission of the owner or custodian shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with cos ts, and may be required to make proper restitution by order of the Court.

Sec. 13.8 - Bribery.

Any person who shall give or offer to give any money, property, services or other gain or advantage to another human with corrupt intent to influence another in the discharge of his public duties or conduct and any person who shall accept, solicit or atte mpt to solicit any bribe as above defined, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and shall forfei t any public office hold in the Pueblo.

Sec. 13.9 - Carrying Concealed Weapon.

Any person who shall go about in public places armed with a dangerous weapon concealed upon his person unless he otherwise shall have a permit signed by the Governor and/or Judge, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $150.00 or both, with costs. Dangerous weapons within the meaning of the foregoing shall be construed to mean: Air gun, blow gun, explosive device, pistol, or other firearm, and any type of knife which the blade exceeds 3 inches, and any other instrument capable of lethal use, possessed under circumstances not appropriate for lawful use.

Sec. 13.10 - Child Abuse.

Any person who shall willfully or maliciously commit any acts of violence or abuse on any child, causing any harm or injury, under the age of eighteen (18), shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed $500.00 or both, with costs, and may be required to undergo such medical evaluation and treatment as may be ordered by the Court.

Sec. 13.11 Contributing to the Delinquency of a Minor.

Any person who shall willfully, by an action or omission, willfully encourage or contribute to the delinquency of a child (under eighteen (18) years of age) as specified in the Children's Code, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.12 Curfew.

Any minor who shall be or any person who shall permit his minor children or any minor children under his care to be, without good cause on the streets, highways or other public places on the Reservation between the hours of 10:00 P.M. to 6:00 A.M. for tho se under the age of eighteen (18) years, shall be guilty of the offense, except when attending ceremonial or religious affairs or fiestas, as determined by tribal traditions and customs, and upon conviction thereof, any adult shall be sentenced to confine ment for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs. Any minor who shall be detained for violation of this Section shall be referred to the Children's Court.

Sec. 13.13 - Destruction of Evidence.

Any person who shall willfully and knowingly destroy or withhold any evidence that could be used in trial of a case with intent to prevent same from being used, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.

Sec. 13.14 - Disobedience to Lawful Order of the Court.

Any person who shall willfully disobey any order, subpoena, warrant or command duly issued, made or given by any Court or the Council or any Judge or Officer thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confin ement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and ordered by the Court to comply with any lawful order.

Sec. 13.15 - Disorderly Conduct.

Any person who shall engage in fighting in a public place, or who uses abusive language and thereby intentionally creates a risk of assault, disturb or annoy any public or religious assembly, of appear in a public or private place in an intoxicated or dis orderly condition or who shall engage in any other act of public indecency, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $30 0.00 or both, with costs.

Sec. 13.16 - Disposing of Property of an Estate.

Any person who, without proper authority, takes, keeps, sells, trades or otherwise disposes of any property of any estate before the determination of the heirs of the property, through proper procedures, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and shall be required to return the property taken and make restitution as may be ordered by the Court.

Sec. 13.17 - Disposing of Trust or Restricted Property.

Any person who sells, trades, transfers or in any way disposes of any trust or restricted property, including livestock and increase therefrom, in violation of the Federal Government Regulations, ordinances, customs or traditions of the Pueblo of San Ilde fonso, and without proper permit, shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $360.00 or both, with costs. Where an inde btedness exists by the offender to the Pueblo or the United States under a loan agreement, the Court may order such property, upon its recovery, sold and the proceeds applied on the indebtedness.

Sec. 13.18 - Distribution of Alcohol, Marijuana, Drugs to Children.

Any person who shall sell or barter to give any alcoholic beverage, marijuana, drugs or any controlled substance as determined by the Courts to be harmful to any children under the age of eighteen (18) years including any edible foodstuffs containing mate rials harmful to a child shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.19 - Drawing or Uttering Instrument on Bank with Funds or Credits.

Any person who shall for a present consideration make or utter or deliver any check, draft or order for payment of money upon depository, knowing at the time of such making, drawing, uttering, or delivery that the maker or drawer has no sufficient funds i n or on credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty ( 60) days or to pay a fine of not to exceed $200.00 or both, with costs, and may be required by order of the Court to make proper restitution.

Sec. 13.20 - Embezzlement.

Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period n ot to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and to make such restitution as may be required by order of the Court.

Sec. 13.21 - Escape.

Any person who, being in the lawful custody of a Law Enforcement Officer, shall unlawfully remove himself from official detention to escape or who shall permit or assist another person to escape from lawful custody or who shall fail to return to official detention following leave granted for a specific purpose or a limited time (excluding probation, parole or release on bail) shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) m onths or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.22 - Extortion.

Any person who shall willfully extort or attempt to extort any money, goods, property, or anything of value by making or threatening to make false charges against another person or to threaten to do unlawful injury to another Person or property of the per son threatened or of another, shall be deemed guilty of the offense of extortion and upon conviction thereof, shall be sentenced to confinement of not to exceed ninety (90) days or to pay a fine not to exceed $150.00 or both, with costs.

Sec. 13.23 - Failure to Send Children to School.

Any person who shall, without good cause, neglect or refuse to send his children or any children under his care to school who, from the age of eight (8) to under fifteen (15), and from fifteen (15) to under eighteen (18) years of age not lawfully engaged in some useful occupation or attending part-time school, unless otherwise excused, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $1 00.00 or both, with costs, and ordered to send their children to school.

Sec. 13.24 - Failure to Support Dependent Persons.

Any person who shall, because of habitual intemperance or gambling or for any other reason, refuse, fail, or neglect to furnish food, shelter, or care to those dependent upon him, including any children born out of wedlock, shall be deemed guilty of the o ffense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.25 - False Alarm.

Any person who knowingly cause a false alarm of fire or other emergency to be transmitted to any organization, official, or volunteer having responsibility for dealing with emergencies involving danger to life and property, shall be deemed guilty of the o ffense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs.

Sec. 13.26 - False Arrest.

Any person who shall willfully and knowingly make or cause to be made, the unlawful arrest, detention or imprisonment of another Person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exce ed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.27 - Fire, Failure to Control or Report.

Any person who knows that a fire is endangering life or property and fails to give a prompt fire alarm or fails to take reasonable measures to put out or control the fire without danger to himself if he knows that he is under an official, contractual or o ther legal duty to prevent or to combat the fire, or if any fire was started in any manner, including throwing of any lighted material, lawfully or unlawfully by any person or with his assent on any property, private or public, whether or not in his custo dy or control, that endangers life or property shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $250.00 or both, with costs, an d may be liable for damages in an amount determined by the Court, and parents of minor children who violate this Section may be held liable.

Sec. 13.28 - Flags - Desecration Thereof.

Any person who in any manner for exhibition or display shall place or cause to be placed any mark, word, or design upon or shall publicly mutilate, deface or defile an official flag, color or design of the United States or the Pueblo of San Ildefonso shal l be guilty of the offense and, upon conviction thereof, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $50.00 or both, with costs.

Sec. 13.29 - Flight to Avoid Prosecution.

Any person who willfully and knowingly shall flee from the Pueblo of San Ildefonso or the jurisdiction of the Tribal Court to avoid prosecution or to avoid giving testimony in a case pending before the Tribal Court shall be deemed guilty of the offense an d, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $60.00 or both, with costs.

Sec. 13.30 - Forgery and Counterfeiting.

Any person who shall, with intent to defraud, falsely sign, utter, execute, alter or counterfeit any written instrument, check, or currency shall be guilty of forgery-and, upon conviction thereof, shall be sentenced to confinement for a period not to exce ed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be required to make restitution.

Sec. 13.31 - Fraud.

Any person who shall by willful misrepresentation or deceit or by falsely interpreting or by the use of false weights or measures, obtains any money or any other property or thing of value which belongs to another shall be guilty of fraud and, upon convic tion thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution.

Sec. 13.32 - Gambling.

Any person who operates or participates in any game of chance or lottery to win money or other valuable consideration or operates a place or device where a risk is taken on a chance of winning money or other valuable property shall be guilty of the offens e and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine of not to exceed $50.00 or both, with costs, and all gambling equipment, materials, and supplies may be confiscated. This Sect ion shall not apply to those games of chance or lottery authorized by the Council or traditional games of chance operated by Tribal members in their own right.

Sec. 13.33 - Illicit Cohabitation

Any person who shall live or cohabit with another as man and wife and not then and there being married shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pa y a fine not to exceed $150.00 or both, with costs.

Sec. 13.34 - Indecent Exposure.

Any person who publicly exposes his or her sexual organ or organs under circumstances in which this conduct is likely to cause affront or fear shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, and nay be compelled to undergo a medical examination and necessary treatment.

Sec. 13.35 - Injury to Public Property.

Any person who shall, without proper authority, use or misuse any public property shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exce ed $150.00 or both, with costs.

Sec. 13.36 - Libel and Slander.

Any person who willfully shall write a falsehood about another with the intent to harm the reputation of another, knowing the same to be untrue, shall be guilty of the offense of libel, and any person who willfully shall speak a falsehood about another, w ith intent to harm the reputation of another person, knowing the same to be untrue, shall be guilty of the offense of slander and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $300-00 and may be required to make public retraction as tradition dictates of the written or spoken falsehood.

Sec. 13.37 - Liquor Violations.

Any person who shall possess to sell, or shall manufacture any beer, ale, wine, whiskey or any materials whatsoever which produce alcoholic intoxication without a license issued by the Governor with the concurrence of the Tribal Council, shall be deemed g uilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $120.00 or both, and all such materials, including vehicles used to transport same, may be confi scated by order of the Court.

Sec. 13.38 - Maintaining a Public Nuisance.

Any person who shall act in such a manner, or permit his property to fall into such condition as to make, injure, or endanger the safe health, comfort, or property of his neighbors, the reputation and dignity of the pueblo, shall be deemed guilty of the o ffense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $100.00, or both, with costs.

Sec. 13.39 - Malicious Mischief.

Any person who shall maliciously disturb, deface, injure or destroy any tangible or personal property, including domestic animals or vandalize any property, not belonging to that person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution. When any injury to persons or property is caused by th e actions of any person under eighteen (18) years of age, the parents or guardians or custodians of such an individual will be held accountable for any damages resulting from these acts.

Sec. 13.40 Marijuana and Controlled Substance.

Any person who shall plant, grow, cultivate, keep for sale, sell, barter, give, have possession of or use marijuana or other narcotic drugs or any controlled substance, determined by the Court to be harmful to the physical and mental health of the user, s hall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.41 - Obstructing Justice.

Any person who, with the purpose of hindering the apprehension, prosecution, conviction or punishment of another for a crime shall harbor or conceal another person, provide a weapon, transportation or other means of escape, warns the other of impending di scovery, or volunteer false information to a Law Enforcement Officer, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both , with costs.

Sec. 13.42 - Perjury.

Any person who shall willfully and deliberately in any administrative or judicial proceeding in any Agency or Court of the Pueblo of San Ildefonso falsely swear or interpret or shall make a sworn statement or affidavit knowing the same to be untrue or sha ll induce to procure another person to do so shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.

Sec. 13.43 - Public Drunkenness: Drug Incapacitation.

Any person who shall appear in any public place, including any Tribal or public meeting or gathering under the influence of alcohol or any other drug or narcotic, to the degree that he may endanger himself or another human or property or annoy any persons in his vicinity shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs. The Court may in its judgment, order th e person upon conviction to participate in any available alcoholic or drug abuse program in lieu of the foregoing penalties which may be reimposed upon failure of the person to follow the orders of the Court.

Sec. 13.44 - Prostitution.

Any person who shall engage or solicit to engage in sexual activity as a business or who shall knowingly keep, maintain, rent or lease any house, room, tent, motor vehicle or any kind of other place for the purpose of so engaging, and any person who shall procure any person to engage in such activities, or live off the earnings of any person engaged in such activities, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months o r to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.45 - Sexual Assault.

(1)Any person who engages in a sexual act with another person, who is not his spouse, or compels the other person to participate in such act by force or by threatening or place the other person in fear that any person will imminently to subjected to death , serious bodily injury or kidnapping or has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant or by other means, without the knowledge or against the will of such othe r person or the other person is in fact, less than twelve (12) years old, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or bot h, with costs.

(2)Any person who engages in a sexual act with another person who is not his spouse and knows that the other person is incapable of understanding the nature of the conduct or knows that the other person is physically incapable of resisting or of declining consent to the sexual act or knows that the other person is unaware that a sexual act is being committed or knows that the other person participates because of a mistaken belief that the actor is married to the other person or compels the other person to participate by any threat by placing the other person in fear shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with co sts.

(3)As used in this Section, sexual act means conduct between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis or the mouth and the vulva; provided that contact involving the penis occurs u pon penetration, however slight, and sexual contact means a touching of the sexual or other intimate parts of a person to arouse or gratify the sexual desire of any person.

Sec. 13.46 - Receiving Stolen Property.

Any person who shall buy, receive or conceal or aid in receiving or concealing any property, knowing or having cause to know the same to be stolen, embezzled or obtained by fraud or false pretense, theft, burglary or robbery, shall be guilty of the offens e and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be ordered to make proper restitution.

Sec. 13.47 Recklessly Endangering Another Person.

Any person who recklessly engages in conduct which places or may place another person in danger of death or bodily injury shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) m onths or to pay a fine not to exceed $300.00 or both, with costs, and may be required to furnish a satisfactory peace bond for one (1) year.

Sec. 13.48 - Refusing to Aid an Officer.

Any person who shall neglect or refuse, when called upon by any Law Enforcement Official, to assist in the arrest of any person charged or convicted of an offense or in securing such offender when apprehended or in conveying such offender to the nearest p lace of confinement shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, provided that no other responsibilit y shall attach to the person assisting the Law Enforcement Official at his request.

Sec. 13.49 - Resisting Arrest.

Any person who shall willfully and/or knowingly shall resist a lawful arrest, or aid or abet or assist another person to resist lawful arrest shall be guilty of an offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.

Sec. 13.50 - Theft.

Any person who, without permission of the owner, shall take, shoplift, possess or exercise unlawful control over movable property, not his own or under his control, with the purpose of depriving the owner thereof or who unlawfully transfers immovable prop erty not his own or any interest thereto shall be guilty of an offense and shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, if the value of such property is less than $50.00 and shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 if the value is $50.00 or over. The Court may order proper restitution to be made in each case.

Sec. 13.51 - Unlawful Intimidation.

Any person who directly or indirectly utters or addresses any threat or unlawful harm to any person, or aids and abets another in uttering or addressing any threat or unlawful harm with the purpose of influencing the decision, opinion, recommendation, vot e or other exercise of discretion of a Pueblo employee or voter or to influence a Pueblo or public official to violate any public duty shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to excee d three (3) months or to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.52 - Unlawful Intimidation to Law Enforcement Official, Judge or Council Member.

Any person who shall use unjustified force or violence or threatens the use thereof on a Law Enforcement Official, Judge or a Tribal Council Member for the purpose of interfering with or influencing the performance of an official duty, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

Sec. 13.53 - Trespass.

Any person who shall go upon or pass over any enclosed land of another person and shall refuse to go immediately therefrom upon request of the owner or occupant thereof, or shall knowingly and willfully allow livestock to occupy or graze on the enclosed l ands of others without authorization, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $25.00 or both, with costs.

Sec. 13.54 - Unauthorized Use of Property, Including Vehicles.

Any person who shall, without proper authority, use or injure any property not belonging to him or who shall operate or occupy another's automobile, motorcycle, mini bike, or other motor-propelled vehicle without the consent of the owner shall be guilty o f an offense and, upon conviction thereof, shall be sentenced to confinement at labor for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.

Sec. 13.55 - Negligent Use & Discharging of Firearms & Cannons.

It shall be unlawful for any person within the San Ildefonso Pueblo Proper to discharge, set off, or fire any firearms or cannons; provided that a permit may be issued by the Tribal Council to a civil body, club, or organization sponsoring a supervised ce lebration to discharge, set off or fire at a designated time or place under the immediate supervision of a competent expert. Such firearms or cannons may be deemed proper by the Tribal Council.

(a)Firing or discharging of firearms in residential area.

(b)Exceptions: During any ceremony where traditions and customs are called for.

Negligent use of a weapon consists of:

(a)Unlawfully discharging a firearm in the proximity of a building or into any building or vehicle so as to knowingly a person or his property;

(b)Carrying a firearm while under the influence of an intoxicant or narcotic; or,

(c)Endangering the safety of another or his property by handling or using a firearm or other deadly weapon in a negligent manner. Whoever violates this section and upon conviction shall be punished by a fine not to exceed $300.00 or by imprisonment of no t to exceed ninety (90) days, or both, with costs, and such weapons may be confiscated upon the order of the Court.

Sec. 13.56 - Aiding or Attempting.

Any person who attempts, aids or abets any violation of this Criminal Code shall be guilty of an offense in the same degree as the principal perpetrator and, upon conviction thereof, shall be subject to same penalties.

Sec. 13.57 - Taking of Official Papers or Documents of the Pueblo of San Ildefonso.

Any person who shall hold any public office or who may be an employee of the Pueblo of San Ildefonso and, upon termination of the term of office or employment for any reason, shall take without authorization or convert to his or her own use any official d ocuments, files or other materials belonging to the Pueblo or received by the person as a result of their office or position with the Pueblo, shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to ex ceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs and shall be required to return all documents, files or other material deemed by the Court to be the property of the San Ildefonso Pueblo, and may be barred from holding any pu blic office or employment in the Pueblo of San Ildefonso as the Court may prescribe.

Sec. 13.58 - Driving under the Influence

(1)Any person who shall drive any vehicle while under the influence of alcohol or any drug which may impair driver Performance shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed twelve (12 ) months or pay a fine of up to $1,000 or both,

(2)Any person who while a passenger Permits another person to drive a vehicle while that driver is under the influence of alcohol or any drug which may impair driver Performance is guilty of an offense and upon conviction thereof, may be sentenced to conf inement for a period not to exceed six (6) months or pay a fine of UP to $1,000 or both.

(3)In either case above, there is no requirement of "knowingly" breaking the law, and proof of under the influence of alcohol is sufficient if the person alleged to have been under the influence has partaken of alcohol within 24 hours of the offense.

Sec. 13.59 - Reckless Driving

(1)Any person who drives or operates a vehicle carelessly and heedlessly without regard of the rights ox safety of others and without due caution and safety at a Speed or in a manner so as to endanger or be likely to endanger any person (including the dri ver) or property is guilty of reckless driving and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.

Sec. 13.60 - Parties to a Crime

(1)Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a crime, whether individually or in connection with one or more other persons Or as a principal, agent or accessory, s hall be guilty of such offense and upon conviction thereof, may be sentenced the same as if found guilty of that crime.

(2)Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits, on directs another to commit a crime shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.

Sec. 13.61 - Aggravated assault

Any person who shall attempt to assault another person or strike another person with a deadly weapon, or willfully and intentionally assault or strike another human with an intent to commit any non-violent crime (whether or not herein described in this La w & Order code) shall be guilty of aggravated assault and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offend er may be required to furnish a satisfactory bond to keep the peace.

Sec. 13.62 - Assault with intent to commit a violent crime

Any person who shall attempt to assault any human with intent to commit a violent act or violent crime (murder, maiming, rape, robbery, kidnapping, etc.) whether or not herein described in this Law and Order code, shall be guilty of assault with intent to commit a violent crime and upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or to pay a fine of $1,000 or both with costs.

Sec. 13.63 - Aggravated battery

Any person who shall harm any person by unlawful touching or application of force with intent to injure and inflicts painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body shall be guilty of agg ravated battery and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of up to $1,000 or both with costs.

If the offender inflicts great bodily harm or uses a deadly weapon, or does the act in such a manner that great bodily harm or death can be inflicted, then upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or pay a fine of $1,000 or both with costs.

Sec. 13-64 - Harassment

It is unlawful for any person to knowing pursue a pattern of conduct that is intended to annoy seriously alarm or terrorize another person and which serves no lawful purpose (the conduct must be such that it would cause a reasonable person to suffer subst antial emotional distress or actually cause emotional distress in the victim) and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of th e Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.

Sec. 13.65 - Stalking

It is unlawful for any person to knowingly pursue a pattern of conduct that poses a credible threat to another person and that is intended to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.

Proof of the reasonable apprehension may be furnished by the perpetrator committing one or more of the following acts:

a.following a person, other that in the residence of the stalker;

b.placing a person under surveillance by remaining present outside that person's school, residence, workplace or vehicle or an other place frequented by the person other that in the residence of the stalker;

c.harassing a person; or

d.any other verbal or nonverbal threat made with the intent and the apparent ability to carry out the threat that would cause a reasonable person to fear for her/his safety.

It should be noted that police officers should not be prosecuted under this section if they are performing acts in the line of duty.


TITLE VII - CIVIL PROCEDURE

CHAPTER 14 PRE-TRIAL PROCEDURE

Sec. 14.1 Process for Civil Action

Any civil proceeding way be instituted in the Pueblo of San Ildefonso Tribal Court by the filing of a complaint with the clerk, stating the names of the plaintiff and the defendant, and the facts constituting the grievance for which relief is requested an d the nature of the relief requested. The complaint shall be signed by the plaintiff. Upon the filing of a complaint, the Clerk shall issue a summons to which shall be attached a copy of the complaint directing the defendant to appear before the Tribal Court to answer the complaint at the time and place specified which shall be not more than fifteen (15) days from the date of serving the summons and copy of the complaint. A trial shall thereupon be conducted; or, in the discretion of the Court a later trial date may be set, especially if a counterclaim is filed by the defendant. The general common law shall apply in Civil Procedures of this Code. Before any complaint is filed, there must be a showing by the plaintiff that all other remedies offered b y this Code have been exhausted.

Sec. 14.2 - Complaint and Answer.

(1)The complaint shall contain the title of the action naming the parties as plaintiff and defendant. A plain concise statement of the facts with dates, places, acts, etc., constituting a cause of action shall be made together with a demand for relief.

(2)When the demand for relief by the plaintiff is the recovery of property, such property shall be fully described and, if money is demanded, the amount asked for shall be stated;

(3)The answer may contain a denial of each allegation of the complaint made by the defendant, or parts thereof, that the facts stated do not constitute a cause of action, that there is another action pending between the same parties for the same cause, th at the plaintiff has no legal right to sue, that the action was not started within the period of three (3) years following the acts complained of and for which relief is sought.

(4)The defendant may make a counterclaim in his answer to the charge in the compliant and in that event the plaintiff shall have ten (10) days in which to answer and file a copy of his reply with the Clerk of the Court. If the defendant files a cross-clai m against a third party defendant, the third party defendant shall be served in the same manner as set forth in this Section for service of process and shall have ten (10) days to answer the cross-claim.

Sec. 14.3 - Service.

The summons and complaint shall be served on the defendant by personal service or by mail. Service by mail shall be made by the Clerk by registered or certified mail, return receipt requested. The ten (10) days for service of process shall begin upon re ceipt by the defendant of the registered or certified mail as evidenced by the notice of receipt. The summons and complaint may be served personally by delivery to the defendant in person, by leaving copies thereof on the door of such abode. Any person designated by the Clerk, over twenty-one (21) years of age other than the plaintiff, may make personal service. The return receipt on mail delivery shall be kept in the docket as evidence of the receipt of notice and an affidavit of service shall be retu rned to the Clerk and filed in the docket which shall constitute proof of personal service. The same provisions for service of process shall apply to cross claims. Any defendant making an answer, counter-claim or cross-claim shall file such pleadings wi th the Clerk of the Court and the Clerk of the Court will be responsible for mailing counter-claims and answers to the plaintiffs immediately upon filing.

Sec. 14.4 - Filing Fee.

Any complaint filed in a civil action before the Tribal Court must be accompanied with the established filing fee determined by the Court.

Sec. 14.5 - Long Arm Service.

Any person subject to the jurisdiction of the Pueblo of San Ildefonso Tribal Court may be served outside the territorial jurisdiction of the Court in the manner provided in with the same force and effect as if the service had been made within the territor ial jurisdiction thereof, if such person:

(1)Transacts business or does an act leading to a civil action within the Pueblo;

(2) Owns, uses or possesses any property or interest therein within the Pueblo;

(3) Contracts for services to be rendered or goods to furnished within the Pueblo.

CHAPTER 15 - CIVIL TRIAL PROCEDURE

Sec. 15.1 - Right to jury.

Civil cases shall be tried by the Court, unless the case is one to which a party would have a right to a jury trial under the laws of the United States and provided the party entitled to jury trial makes demand therefore to the Court in writing at least f ive (5) days before the trial date set in the summons and agrees to pay the cost of the jury trial in the first instance by the party or parties demanding the jury trial, but in the event the verdict is in favor of such party, the costs is recoverable fro m the losing party.

Sec. 15.2 - Trial.

If a jury is demanded, the Court shall empanel a jury in the manner provided in this Code and the jury selected to try the case shall reach a verdict by majority vote based upon the preponderance of the evidence. At a trial without a jury, the Court shal l hear the evidence and determine the grievance set forth in the complaint and any answer or counterclaim or cross-claim presented by the defendant and determine the relief to be granted, if any. Any party, at the beginning or end of the trial, may move the Court for a judgment for dismissal of the complaint or such other or further relief as the motion may state. The burden of proof is upon the plaintiff. If the plaintiff establishes the facts necessary to sustain his burden of proof, after the plaint iff has rested his case the burden of proof shifts to the defendant. Witnesses who give direct testimony may be cross-examined as to their testimony and rebuttal witnesses may be called to testify and be cross-examined. Evidence may be introduced after a proper foundation has been laid and its relevance to the facts established. The plaintiff must prove the allegations in the complaint by a preponderance of the evidence, unless another standard of proof is found to apply.

Sec. 15.3 - Witnesses and Evidence.

The Court shall order by subpoena the appearance of any individual as a witness in a hearing or trial upon request from either party. Upon the failure of any person to answer such subpoena, the Court may order a Law Enforcement Officer to bring such pers on before the Court to determine if that person shall be held in Contempt. The Court may also order the production of books, records of other physical evidence, and compel compliance therewith in the same manner.

CHAPTER 16 CIVIL POST-TRIAL PROCEDURE

Sec. 16.1 Judgment of Court or jury.

At the conclusion of the proceeding, the Court or Jury shall render a judgment in favor of the plaintiff, if allegations are proved beyond a preponderance of the evidence or other standard of proof found applicable, or the defendant, if the allegations ar e not so proven, in such amount or order such other relief as the evidence and the law may require or as the jury may find. The Court or jury may also find for the defendant against a third party under a cross-claim or for a third party defendant under a cross-claim. In a damage case:

(1)Where the injury inflicted was the result of carelessness of the defendant, the judgment shall fairly compensate the injured party of the loss suffered.

(2)Where the injury was willfully inflicted, the judgment may impose an additional penalty upon the defendant for the benefit of the injured party, not to exceed triple the amount of the judgment.

(3)Where the plaintiff and defendant were both at fault, the judgement shall be at the discretion of the court or jury.

Sec. 16.2 - Costs in Civil Action.

Unless the Court provides otherwise, Court costs incurred by the winning party shall be included in any judgment, including filing fees, service fees, expense of involuntary witnesses, expert witness fees, compensation of jurors, and other incidental expe nses. Costs shall not be allowable against the Pueblo of San Ildefonso or any agency thereof which may be party in a civil case.

Sec. 16.3 - Default Judgment.

Upon failure of a defendant to appear at the time stated in the summons, the other party may proceed to offer evidence including proof that the defendant was served with summons, and the Court may render a judgment granting such relief as demanded in the complaint provided that the defaulting party may apply in writing for a new trial within ten (10) days of a default judgment, after showing good cause for his failure to answer the summons. Upon failure of plaintiff without just cause to appear at the ti me set by the summons for hearing, the Court shall dismiss the cause with prejudice.

Sec. 16.4 - Appeal.

Any aggrieved party in a civil proceeding may appeal within ten (10) days after judgment order of the Court. All appeals shall be in accordance with appeal procedures established by the rules of the Pueblo of San Ildefonso Judiciary.

Sec. 16.5 - Enforcement of judgment.

The Court may enforce judgments in civil proceedings by issuing a writ of execution against any eligible personal property of the party against whom judgment is rendered which is located or found within the jurisdiction of the Pueblo returnable not less t han ten (10) days after the day of issuance. The writ of execution will be served by a Law Enforcement Officer.

(1)Whenever a judgment orders the payment of damages and costs and payment is not made within the time specified therein and when the party against whom judgment is rendered has sufficient funds to his credit at the Northern Pueblos Agency to pay all or p art of the judgment, the Clerk shall require the party to sign Form 5-139 and deliver the signed form and a copy of the judgment to the Superintendent who shall pay over to the Court the amount specified in the judgment or such lesser amount as may be hel d to the credit of such party for payment to party entitled to the judgment.

(2)A judgment shall be considered a lawful debt in all procedures to distribute a defendant's estate.

(3)No judgment of the Court for money shall be enforceable after five (5) years from the date of entry, unless the judgment shall have been renewed once before the date of expiration by institution of appropriate proceedings in the Court by the judgment c reditor filing an application for renewal and the Court thereupon shall order the judgment renewed and extended for an additional year.

(4)An unsatisfied judgment may be filed as a lien against funds owing the defendant by the pueblo of San Ildefonso by having the Clerk deliver a copy of the judgment to the Governor or the Treasurer of the Tribe and they shall pay over to the Court the am ount specified in the judgment as funds become available to the credit of such party.

(5)Satisfaction of a judgment is not a burden of the Court or its Clerk and the judgment creditor must notify the Court in writing of full or partial satisfaction.

(6)The writ of execution may specify personal property to be seized in satisfaction of any judgment and any property seized may be subject to sale by the Court to satisfy the judgment after ten (10) days notice by posting public notice of such sale. The sale will be conducted by the Clerk and sale will be to the highest bidder for cash, but not less than the appraised value of the property. The proceeds of such sale will be paid by the Clerk as follows:

A.All costs of the sale;

B.All unpaid Court costs;

C.The amount of the unsatisfied judgment;

D.Any balance will be paid to defendant; and

E.Any unpaid amount of the judgment shall remain unsatisfied.

(7)A judgment shall be satisfied when there is filed with the Clerk of the Court:

A.An officer's or Court Clerk's return on an execution showing the amount of the judgment and all costs have been paid in full.

B.Statement signed and acknowledged by the judgment creditor that the judgment has been paid in full filed with the Court; and

C.By order of the Court, made on a motion by the judgment debtor, the agent or heirs after a hearing in which all interested parties were given an opportunity to be heard.


TITLE VIII - EXCLUSION

CHAPTER 17 - EXCLUSION OF PERSONS FROM THE PUEBLO OF SAN ILDEFONSO

Sec. 17.1 - Exclusion from the Pueblo of San Ildefonso.

Any person except members of the San Ildefonso Pueblo and non-Indian property owners within the jurisdiction of the Pueblo of San Ildefonso may be excluded from the jurisdiction of the Pueblo of San Ildefonso in all areas under the jurisdiction of the Pue blo Tribal Court for any of the following reasons:

(1)Repeated commission of a crime or breach of peace as defined by Pueblo, State or Federal laws.

(2)Repeated willful failure to adhere to Pueblo laws and regulations or failure to correct a violation of such laws and regulations after Pueblo Trial Court order that it be done.

(3)Repeated invasion of the privacy of the residents within the jurisdiction of the Pueblo of San Ildefonso.

(4)Unauthorized entry unto Pueblo or individual owned or controlled land for any purpose, including but not limited to camping, hunting, fishing, trapping, timber cutting (including Christmas trees), digging for artifacts, desecrating religious sites or b urial grounds or other activity involving wrongful taking of or damage to the property of the Pueblo or of any resident of the Pueblo of San Ildefonso.

(5)Any other misconduct or objectionable conditions found by the Council to be sufficient cause for expulsion, provided that the person is first advised of the objection and given notice to resist but nevertheless continues the misconduct or condition.

(6)Conducting business activities within the exterior boundaries of the Pueblo of San Ildefonso Without a permit approved by the Governor of the Pueblo of San Ildefonso.

(7)Improper and willful interference of business authorized by the Pueblo of San Ildefonso Tribal Council under the provisions of this Code.

(8)A non-member domiciled in the residence occupied by a member without required permission of the Governor.

Sec. 17.2 - Rules for Exclusion Procedures.

The procedure for exclusion for any reason shall be as follows:

(1)The Governor of the Pueblo of San Ildefonso shall serve notice, either through officers of the Council or by registered mail, upon any person when the Governor has reason to believe that cause exists or may exist for the exclusion of person under reaso ns set forth in this Title. Such notice shall state the reason for the order and shall state a time, not less than five (5) days after the notice, unless an emergency exists, when the person must appear before the Pueblo Tribal Court to show cause why he should not be excluded from the Pueblo of San Ildefonso. If an emergency exists, the Governor may order immediate exclusion, with a hearing in not less than five (5) days of the notice and exclusion for the person to appear to show cause why he should n ot be excluded from the Pueblo of San Ildefonso.

(2)After notice to the person proposed for exclusion, the Pueblo Tribal Court shall hold a hearing under the Tiles of Civil Procedure of this Code to decide whether or not that person shall be excluded from the Pueblo of San Ildefonso.

(3)If the person does not appear at the hearing at the time and place scheduled or, if found at the hearing that cause does exist to exclude that person from the Pueblo of San Ildefonso, the Pueblo Tribal Court shall issue an order excluding that person f rom all or any part of the jurisdiction of the Pueblo of San Ildefonso under such conditions specified in the order. The order shall be effective until revoked or modified by the Tribal Council.

(4)If the final judgment of the Pueblo Tribal Court is that the person shall be excluded from the Pueblo of San Ildefonso, then the Court shall deliver an order of removal to any Law Enforcement Officer who shall thereupon order the person to obey the ord er. If, after the required time specified in the order the person does not comply with the order, he may be removed bodily from the Pueblo of San Ildefonso by the Law Enforcement Official as stated in the order of the Court.

(5)In cases involving immediate danger to the life, health, morals or property of the Pueblo of San Ildefonso, residents of the Pueblo or any Pueblo members, where delay would result in irreparable damage, the Governor of the Pueblo may request the Court to order any Law Enforcement Official to remove a person and/or property of such person from the Pueblo of San Ildefonso immediately using only so much force as is reasonable and necessary to effect the removal. The Court shall cause the Law Enforcement to serve notice upon the person at the time of removal or cause the notice to be served as soon thereafter as possible.

(6)In any case involving the immediate removal of person from the Pueblo of San Ildefonso the order of the Court shall state the conditions under which the person may return for a hearing if such hearing was not held.

Sec. 17.3 - Appeal Allowed to Pueblo of San Ildefonso Council.

An appeal may be made under the Civil Procedures of this Code within five (5) days after the issuance of an order by the Tribal Court pursuant to this Chapter. Decision of the Tribal Council on appeal shall be final.

Sec. 17.4 - Violation of Order a Criminal Offense.

Any person who violates any order or part thereof issued pursuant to this section shall be deemed guilty of an offense and, upon failure to comply with the order of the Court, be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of $500.00 or both, with costs, and ordered to comply with the previous order or amended order issued by the Court.

Sec. 17.5Amendment for revocation of Amendment of Order.

Any Indian to whom an order has been issued under this Chapter may apply to the Tribal Court in writing for revocation or amendment of such an order. A hearing on the application shall be conducted under the provisions of this Code. An appeal may be mad e from the decision of the Court on the application under the provisions of this Code


TITLE IX - PUEBLO OF SAN ILDEFONSO CHILDREN'S CODE

CHAPTER 18 - JURISDICTION

Sec. 18.1 - Establishment of Children's Court.

The San Ildefonso Children's Court shall consist of the Chief Judge and such Associate Judge as the Chief Judge may appoint to act as Children's Court Judge. The Children's Court shall operate within the provisions of the Indian Child Welfare Act of 1978 , Nov. 8, 1978 (PL 95-608) (92 Stat. 3069) and rules and regulations issued pursuant thereto, and the law and rules and regulations shall take precedence over any provisions of this Title.

Sec. 18.2 - Jurisdiction of Children's Court.

The Pueblo of San Ildefonso Children's Court shall have jurisdiction over all matters relating to:

(1)Any child who is neglected or dependent.

(2)Any child whose behavior is injurious to his own welfare or to the welfare of others.

(3)Any child who has violated any federal, state or local or Pueblo ordinance except traffic rules and regulations regardless of where the violation occurred.

(4)Any child who is beyond the control of his parent, custodian, or school authorities.

(5)The custody of any child or the guardianship of any child who comes within the purview of the Court's jurisdiction under the other provisions of this Title.

(6)Termination of legal parent-child relationship, including termination of residual parental rights and duties.

(7)Judicial consent to the marriage, employment or enlistment of a child in the armed forces and to emergency medical or surgical treatment of a child.

(8)The treatment or commitment of a mentally defective, mentally ill child or any child who exhibits a deviant behavior pattern who comes within the purview of the Court's jurisdiction under other provisions of this Title.

(9)Any child who is under the age of eighteen (18) years. Exercise of jurisdiction over a child may be transferred by the Children's Court to any court of competent jurisdiction which consents to exercise jurisdiction as provided in this Code.

Sec. 18.3 - Youth or Probation Officer.

(1)The Children's Court may have trained workers assigned to it to serve as social workers, counselors and youth probation officers. These workers would be responsible to the Judge.

(2)The Court may appoint any such social worker, counselors, or youth probation officer to any case before the Court and such officer's responsibilities would be to make investigations prior to Court hearings, make written or oral reports to the Court as requested and make recommendations for disposition to the Court, to provide on-going supervision or provide for other supervision as requested by the Court.

(3)Such officers will be familiar with and abide by any applicable Pueblo of San Ildefonso customs, ways and traditions.

Sec. 18.4 - Cooperation, with other Agencies.

The Children's Court may utilize such social services as may be furnished by any federal, state, Pueblo, public or private non-profit agency. The Children's Court may contract for services with any federal, state, Tribal, public or private non-profit age ncy for the care, placement or education of children subject to its jurisdiction, provided that any expenditure of Pueblo funds shall be approved by the Governor and Tribal Council.

Sec. 18.5 - Non-Indian and Welfare Agencies.

Any Pueblo based private non-Indian child welfare agency which provides services of any nature to Indian children under the jurisdiction of the Children's Court shall meet licensing requirements as shall be provided in the Pueblo of San Ildefonso Code. P enalty for violation of this Section shall be immediate loss of right to provide services.

Sec. 18.6 - Definitions.

As used in this Code, the terms defined in this Section shall be given the following meanings:

(1)"Child" means any Indian individual under eighteen (18) years of age.

(2)"Child Placing Agency" means any Pueblo, federal or state social service agencies or an agency licensed under the laws of the state where located and pursuant to this Section.

(3)"Court" means Pueblo of San Ildefonso Children's Court unless otherwise specified in this Section.

(4)"Delinquent Child' means a child:

A.who has violated any Pueblo custom, tradition, law, or ordinance; or

B.who has violated a federal law or a law of the state, and whose case has been referred to the Children's Court; or

C.who is truant from school; or

D.who is uncontrolled by his parent, guardian, extended family or other custodian by reason of being wayward or habitually disobedient; or

E.who deports himself in a manner that is injurious or dangerous to himself or others, or their property.

(5)Dependent Child means a child:

A.who is without a parent, guardian, extended family or other custodian; or

B.who is in need of special care and treatment required by his physical, mental or social condition; or

C.whose parent, guardian, extended family or other custodian for good cause desires to be relieved of his care and custody.

(6)"Legal Custody" means the right to mental and physical care, custody and control of a child who has been taken by the Court in accordance with the provisions of this Code.

(7)"Neglected Child" means a child:

A.who is abandoned by his parent, guardian extended family or other custodian; or

B.who is without proper parental care because of the conduct of his parent, guardian, extended family or other custodian; or

C.who is without proper parental care because of the emotional, mental or physical disability or immaturity of his parent, guardian, extended family or other custodian; or

D.who is without necessary subsistence, education or other care necessary for his physical or mental health because his parent, guardian, extended family or other custodian neglects or refuses to provide it; or

E.who is without the special care made necessary by his physical or mental condition because his parent, guardian, extended family or custodian neglects or refuses to provide it; or

F.whose occupation, behavior, condition, environment or association are such as to be injurious or dangerous to himself or other; or

G.whose parent, guardian, extended family or custodian has made arrangements for his placement in a manner detrimental to the welfare of the child or in violation of law; or

H.who comes within the provisions of delinquency, but whose conduct results in whole or in part from parental neglect.

(8)"Parent" means the natural, adoptive or foster parent, legal guardian, or member of extended family.

(9)"Custodian" means any person who is under a legal obligation or obligation under Pueblo law or customs to provide care and support for a child or who is in fact providing care and support for a child.

(10)"Extended Family" means any person who provides parenting to a child in the traditional Pueblo way.

CHAPTER 19 - PROCEEDINGS OF CHILDREN'S Court

Sec. 19.1 Institution of Proceedings.

Proceedings under this Code may be instituted as follows:

(1)Any person or agency having knowledge of a child in the Pueblo who appears to be delinquent, dependent, abandoned or neglected may petition the Children's Court so that a hearing can be held in the matter.

(2)The petitioner shall request that the Clerk of the Court draw up a petition which shall be signed by the petitioner having knowledge of the facts.

(3)The petition must state the facts which constitute the allegations of the dependency, neglect or the pre-delinquency; it must include the name and address of the parents, the name and age of the child involved and those of the child's spouse, if there be one. If any of the facts required by the petition are not known or cannot be ascertained by the petitioner, the petition shall so state.

Sec. 19.2 Summons.

A summons shall be issued under the following conditions:

(1)After a petition has been filed, unless the parties hereinafter named voluntarily appear, the Court shall set a time and place for the hearing, and shall issue a summons to the parents, guardian, spouse, other interested parties, or other persons havin g custody or control of said child, stating that they are to appear with the child before the Court at the time and place as set forth in the summons.

(2)When a petition alleging neglect or dependence or a petition to terminate parental rights is initiated by a person, the Clerk of the Court shall notify the Northern Pueblos Agency or its agent of the pendency of the case and of the time and place of th e hearing.

(3)The Court may issue a subpoena requiring the appearance of any persons whose presence, in the opinion of the Court, is necessary.

(4)If it appears from the petition or by separate affidavit of a person having knowledge of the facts that the child is in a situation that his welfare requires that his custody be immediately assumed by the Court, the Court may order, by endorsement upon the summons, that the officer serving the summons shall take the child into custody at once.

Sec. 19.3 - Services of Summons.

The summons shall be served:

(1)In the manner in which personal service of summons under the Rules of Civil Procedure under this Code is made, at least twenty-four (24) hours prior to the time of the hearing. If personal services of the summons cannot be made, the service of the sum mons shall be made by certified mail, return receipt requested, addressed to the last known residence of such person. A copy of the summons and attached petition shall be sent by certified mail at least five (5) days before the time of the hearing.

(2)If any person personally served with a summon or subpoena fails, without reasonable cause, to appear or bring the child, he may be proceeded against for Contempt of Court or the Court may issue a warrant for his arrest, or both. In any case when it ap pears to the Court that the service will be ineffectual or that the welfare of the child requires that he be brought forthwith into the custody of the Court, the Court may issue a summons for the child.

Sec. 19.4 - Investigation; Physical and Mental Examination.

Upon request of the Court, the Bureau of Indian Affairs, Northern Pueblos Agency or any other Agency or person so designated may investigate the personal and family history and environment of any child coming within the jurisdiction of the Court and file a report of its findings with the Court. The Court may order any child coming within its jurisdiction to be examined by a duly qualified physician, psychiatrist or psychologist appointed by the Court, in order that the physical and mental condition of th e child be given due consideration in the disposition of the case. If for any reason, the child, parent, custodian or guardian of the child is against a test provided for under this Section, citing certain religious beliefs for example, a bearing shall b e conducted to arrive at the validity of the objection and Court shall readjust its order accordingly.

Sec. 19.5 - Hearings.

Hearings shall be as follows:

(1)Hearings shall be conducted without a jury and may be conducted in an informal manner. Hearings may be continued or recessed from time to time and, in interim, the Court may take such action and issue such orders as it deems in the best interests of t he child. The Court shall exclude the general public from these hearings and shall admit only those persons, who, in the discretion of the Court, have direct interest in the case or in the work of the Court.

(2)The child, parent, guardian or custodian have the right to be represented by lay counsel or by a professional attorney at their own expense.

(3)The Court shall appoint a guardian ad litem to protect the interests of the child when it appears at any stage of the proceedings that such action is necessary and the Court feels that such an appointment is desirable.

(4)Except in delinquent proceedings, the Court may waive the presence of the child in Court at any stage of the proceedings when it is in the best interest of the child to do so. In a delinquency proceeding, after the child is found to be delinquent, the Court may excuse the presence of the child from the hearing when it is in the best interest of the child to do so. In any proceeding, the Court may temporarily excuse the presence of the parent or guardian of the child when it is in the best interest of the child to do so. The lay counsel, professional attorney or guardian ad litem, if any, has the right to continue to participate in any proceeding during the absence of the child, parent or guardian.

(5)The child and his parent, guardian, custodian or professional attorney are entitled to be heard, to present evidence material to the case and to confront and cross-examine witnesses appearing at the hearing, and the child shall not be deprived of his r ight of privilege against self-incrimination.

Sec. 19.6 - Records.

Records of proceedings shall be kept as follows:

(1)The Children's Court Judge shall keep a record of the proceedings in any manner as he deems necessary and proper. The Children's Court records shall be deposited in the files and shall include the petition, summons, notice, finding, orders, decrees, j udgments and motions, and such other documents as the Court deems necessary and proper. The records maintained in this file shall be open at all reasonable times to the inspection of any child, to whom the records relate, and to his parent or guardian wi th the permission of the Court.

(2)Except as provided in the above Section, none of the records of the Children's Court shall be open to Public inspection or their contents disclosed except by order of the Court.

(3)The San Ildefonso Police records pertaining to juveniles shall be kept separate from other records and shall not be open to the public or disclosed to the public except by order of the Children's Court. The police shall not photograph or fingerprint a ny child taken into custody, without the consent of the Children's Court.

CHAPTER 20 - DETENTION

Sec. 20.1 Taking a Child Into Custody.

No child may be taken into immediate custody except:

(1)With an order issued by the Court in accordance with the provisions of or by a warrant issued in accordance with the provisions of this Section.

(2)In accordance with the laws relating to arrest; or

(3)By a Law Enforcement Officer when a child has run away from his parent, guardian or custodian or when the Officer reasonably believes such child has run away from his parent, guardian or custodian or when a child is found in surroundings or conditions which endanger the child's health or welfare or which the Officer reasonably believes will endanger such child's health or welfare; or

(4)By any authorized Youth or Probation Officer when it is reasonably believed that the child has violated the terms of his probation, parole or other order of supervision.

(5) The taking of a child into custody under the provisions of this Section shall not be considered an arrest.

Sec. 20.2 - Release or Detention.

A child taken into custody may be released or detained as follows: (1) When a child is taken into custody, the parent, guardian or custodian of the child and the authorized Youth or Probation Officer shall be notified as soon as possible. Except where th e immediate welfare of the child or the protection of the community requires that the child be detained, the child shall be released by the authorized Youth or Probation Officer to the custody of his parent, guardian or other person on the promise of the person either orally or in writing to bring the child to the Court at any time as the Court may direct.

(2)If the child is not released, the Officer taking the child into custody shall notify the Court as soon as possible of the detention of the child and the reasons for detention. The child may be detained in a place of detention for not longer than twent y-four (24) hours, after being taken into custody unless an order for detention, specifying the reason for detention, is signed by the Children's Court Judge but no child may be held longer than forty-eight (48) hours, unless a petition has been filed. T he parent, guardian or custodian of the child shall be notified of the place of detention as soon as possible, and any detention facility for a child must have twenty-four (24) hours

coverage.

(3)If continued detention is not ordered, the Court or designated officer shall release the child to the parent, guardian or custodian of other persons approved by the Court. The Court may release the child on his own recognizance or in certain cases may require a bail or bond to be posted.

Sec. 20.3 - Place of Detention.

A child may be detained in one of the following places:

(1)A place designated by the Court suitable for care of the child, or

(2)A room entirely separate from adults in a detention facility which must provide a 24-hour coverage.

(3)When a child is detained as provided in this Section, any federal, state, tribal, public or private non-profit agency may be requested to assist in arranging for the care of the child in a home or suitable facility, if necessary, which has been approve d by the Court.

CHAPTER 21 - DISPOSITION

Sec. 21.1 - Findings and Dispositions.

The Children's Court may make the following findings and dispositions:

(1)Dismiss the petition if the Court finds that the child is not within the jurisdiction of the Court, or the Court may terminate its jurisdiction on its own motion or the motion or petition of any interested person or party at any time when it feels it i s in the best interests of the child to do so, or when the child reaches eighteen (18) years of age, or the Court finds that the facts alleged in the petition have not been proved.

(2)The Court may consider any report or recommendation made by the Bureau of Indian Affairs, Northern Pueblos Agency, other agency or individual or any other information material deemed necessary by the Court before making dispositions of a case.

(3)The Court may transfer to the Tribal Court any case involving a child who is found to be dependent, is found to be eighteen (18) years of age or older, or is found to be charged with an offense which the Court finds warrants that the child be transferr ed to Tribal Court for adjudication of the offense.

(4)If the Court finds that the child is delinquent or dependent on the basis of evidence and proof of each allegation beyond a reasonable doubt, it shall enter an order making any of the following dispositions of the ease which are deemed necessary for th e rehabilitation of the child:

A.Counsel the child or his parents, guardian or custodian.

B.Place the child under the supervision of a Youth or Probation Officer or other person in his own home under conditions prescribed by the Court, including reasonable rules for his conduct and the conduct of his parents, guardian or custodian.

C.Subject to the continued supervision of the Court, transfer legal custody of the child to one of the following:

(1)An individual of good character and place the child in a suitable home within the Pueblo; or

(2)An individual of good character and place the child in a suitable home outside the reservation, provided prior written consent of the child's parents or guardian and approval of the Council or its representative or committee is obtained.

D.If the child is found to have violated a local Pueblo law or ordinance which has resulted in damage to the property of another, the Court, if practical, may order the child, parent, guardian or custodian to make reasonable restitution for such damage.

E.If the child is in need of special treatment and care for his physical or mental health, the Court may request it be provided by the Bureau of Indian Affairs, Northern Pueblos Agency, Indian Health Service, other agency or person.

F.If the Court believes that it is in best interest of the child and of public safety, that the driver's license of the child be suspended or revoked until his eighteen (18th) birthday, the Court may order this action and report it to the issuing agency f or any period up to the child's eighteen (18th) birthday. At any time, the Court may, for good cause, may restore the license or recommend to the issuing agency that the license be restored to the child.

G.The Court may expunge the adjudication of delinquency at any time that it deems advisable.

H.When it is in the best interests of the child to do so, the Court may continue the case for a period not to exceed ninety (90) days for the purpose of completing any consideration of any investigation or examination ordered by the Court. During this co ntinuance, the Court may order the child released or detained as the Court may determine.

I.All orders for supervision shall be for an indeterminate period unless otherwise specified by the Court, and shall be reviewed by the Court at least annually. Upon the Court's own motion or that of any interested party, the Court has continuing jurisdi ction to renew the order Or after notice to the parties and a hearing, make some other disposition of the case. Any person to whom legal custody of a child is transferred shall report to the Court, as the Court may direct.

(5)If the Court finds that the child is neglected or dependent, it shall enter an order making any of the following dispositions of the case:

A.Place the child under the protective supervision of the authorized Youth or Probation Officer in his own home or

in a suitable home under conditions prescribed by the Court.

B.If the child is in need of special treatment and care for his physical or mental health, the Court may order the child's parent, guardian or custodian to provide it or the Court may request it be provided by the Bureau of Indian Affairs, Northern Pueblo s Agency, Indian Health Services or other agency or person,

C.Subject to the continual supervision of the Court, transfer legal custody of the child to one of the following:

1)An individual of good character and place the child in a suitable home within the Reservation.

2)An individual of good character and place the child in a suitable home outside the Reservation, provided prior written consent of the child's parents or guardian and approval of the Tribal Council is obtained.

D.All orders under this sub-section shall be for an indeterminate length of time unless otherwise specified by the Court and upon its own motion or that of any interested party, the Court has continuing jurisdiction to renew the order or, after notice to the parties and hearing, make some other disposition of the case. Any person to whom legal custody of a child is transferred shall report to the Court, as the Court may direct.

E.The Children's Court shall establish criteria for foster homes and institutions, which shall be approved by the Tribal Council for the placement of minor children as ordered by the Court.

Sec. 21.2 - Child Traffic Offenders; Procedures: Dispositions.

Violations of the Traffic Code shall be handled in the following manner:

(1)A child who violates the Traffic Rules and Regulations shall be adjudicated a "Child Traffic Offender."

(2)When a child is alleged to have violated the Traffic Rules and Regulations, the Officer making the charge shall file a signed copy of the notice to appear with the Children's Court, and the notice to appear has the effect of a petition and gives the Ch ildren's Court jurisdiction. Any person having knowledge of a child who violates the Traffic rule or regulations may petition the Children's Court. Whenever a notice to appear or petition is filed alleging that a child is a traffic violator, the Court s hall summon and notify the persons required to be notified or to be summoned.

(3)Before making a disposition of any child found to be a highway offender, the Court may obtain from the Department of Motor Vehicles of the State of New Mexico or other state issuing the driver's license or other agency information of any previous highw ay violation by this child.

(4)If, after a hearing, the Court finds that the welfare of a child highway traffic offender or the public safety would be better served under the laws controlling adult traffic offenders, the Children's Court may transfer the case to the San Ildefonso Tr ibal Court which shall proceed with the case as if the jurisdiction of the Children's Court had never attached.

(5)If the Children's Court finds that the child is a child highway offender, it may make any one or more of the following dispositions of the case:

A.Reprimand the child and counsel with the child and his parents; or

B.Continue the case for a reasonable period under such conditions governing the child's use and operation of any motor propelled vehicles as the Court may set; or

C.Require the child to attend an available driver improvement school or course on safety; or

D.Suspend the child's drivers license and recommend to the issuing agency suspension or revocation of the child's drivers license; or

E.If the child is found to have committed three (3) moving highway traffic violations or to have contributed to a highway accident involving death, injury or physical damage in excess of $100.00, the Court may suspend the child's drivers license and recom mend to the issuing agency or to the licensing authority of the state, the suspension or revocation or cancellation of the child's drivers license until he reaches the age of eighteen (18) years. The Court may, for good cause, restore the child's drivers license or recommend to the issuing agency or to the licensing authority of the state that the child's drivers license be restored to him; or

F.Place the child under the supervision of the authorized Youth or Probation Officer in his own home under conditions prescribed by the Court including reasonable rules relating to his operation and use of motor propelled vehicles.

(6) The Children's Court records of Child Traffic Offenders shall be kept separate from other records of the Court.

Sec. 21.3 - Effect of Children's Court Proceedings.

No adjudication upon the status of any child in the jurisdiction of the Children's Court shall:

(1)Operate to impose any of the civil disabilities imposed for conviction of a crime. The disposition of the child or any evidence given by the child in the Children's Court shall not be admissible as evidence against him in any case or proceeding in any other Court, nor shall the disposition or evidence in the Children's Court disqualify him for employment or enlistment in the Armed Services.

(2)Nothing contained in this Section shall be construed to relate to subsequent proceedings in the Children's Court, nor shall preclude the Children's Court from disclosing information to qualified persons if the Court considers such disclosure to be in t he best interests of the child.

(3)A violation of the Pueblo of San Ildefonso Code by a child before becoming eighteen (18) years of age is not a crime unless the Children's Court refers the matter to the San Ildefonso Tribal Court or Federal Court and conviction results.

Sec. 21.4 Grounds for Termination of Parental Rights.

The Children's Court may, upon petition, terminate all rights of parents to a child in the following cases:

(1)With the written consent of parents who for good cause desire to terminate their parental rights; or

(2)If it finds that one or more of the following conditions exist:

A.That the parents have abandoned the child permanently, or

B.That the parents have subsequently and continuously or repeatedly refused to give the child care and protection; or

C.That although the parents are financially able they have substantially and continuously neglected to provide the child with necessary subsistence, education or other care or have neglected to pay for such subsistence, education or other care when legal custody is lodged with other; or

D.That the parents are unfit by conduct found by the Court to be detrimental to the welfare of the child; or

E.That following upon a determination of neglect or dependency, reasonable efforts by the parents under the directions of the Court have failed to improve or correct the conditions leading to the determination.

Sec. 21.5 - Procedures in Terminating Parental Rights.

Parental rights may be terminated as follows:

(1)Any person having knowledge of circumstance which indicate that the rights of a parent to his child should be terminated, may petition the Children's Court as provided in this Title.

(2)The termination of parental rights shall be made only after a hearing before the Court in the manner provided in this Title.

(3)The Court shall have notice of the time, place, and purpose of the hearing served on the parents and personal service shall be made at least ten (10) working days before the day of the hearing; and notice sent by certified mail, return receipt requeste d, shall be mailed and court date shall be set ten (10) working days from return receipt was signed. If the Court determines that no return receipt is available after twenty (20) days from the date of mailing, and all other reasonable efforts to locate t he parents have failed, the Court may adjudicate the child as abandoned for the purposes of this section.

(4) No parental rights of an incompetent parent may be terminated on consent of the parents unless the guardian ad litem, in writing, joins in the written consent of the parent or termination of his parental rights.

Minority of parents shall not be a bar to the right of consent nor shall it invalidate such consent.

(5)If, after a hearing at which the parents may be represented by lay counsel, or professional attorney, the Court does not terminate parental rights, but determines that conditions of neglect or dependence exist, the Court may find the child neglected or dependent and may enter an order in accordance with the provisions of this Title.

(6)If, after a hearing at which the parents may be represented by lay counsel or professional attorney, the Court terminates parental rights, of both parents, or of the mother if the child is illegitimate or of the only living parent, the Court shall orde r guardianship and legal custody of the child transferred to:

A.A reputable individual of good character and the Court may place the child in a suitable home within the Pueblo, providing the consent of the Tribal Council is obtained.

B.A reputable individual of good character and the Court may place the child in a suitable home outside the Pueblo, providing the consent of the Tribal Council is obtained.

(7)The guardian appointed by a Children's Court under the provisions of this Section has charge of the person of the child. This guardian has the right to make all parental decisions affecting the person of the child and has legal custody of the child. A children's Court guardianship does not include the guardianship of any estate of the child unless a legal guardian is appointed for that purpose.

(8)A certified copy of the finding and the order terminating parental rights and a summary of the Court's information concerning the child shall be furnished by the Court to the Bureau of Indian Affairs, Northern Pueblos Agency. The orders shall be on a d ocument separate from the findings. The Court shall furnish the individual or individuals to whom guardianship is transferred a copy of the order terminating parental rights.

(9)Upon its own motion or upon petition or an interested party, the Children's Court having jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian appointed by the Children's Court and appoint a new guardian in accor dance with the provisions of this Code. Any child fourteen (14) years of age or older who is not adopted but who is placed in a suitable home, may, with the consent of the foster parents, join with the guardian appointed by the Children's Court in a petit ion to the Court having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as guardians of the child. The authority of any guardian appointed by the Children's Court terminates when the individual under guardiansh ip attains eighteen (18) years of age.

CHAPTER 22 REHEARING AND APPEALS

Sec. 22.1 New Evidence.

New evidence may be presented to obtain a rehearing or an appeal from the order of the Children's Court.

(1)A child whose status has been adjudicated by a Children's Court or his parent, guardian, custodian or spouse may, at any time ninety (90) days of the filing of the Court's order, petition the Court for a rehearing on the ground that new evidence has be en discovered affecting the advisability of the Court's original adjudication or disposition. Upon a showing that such evidence does exist, the Court shall order a new hearing and make such disposition of the case as the facts and the best interests of t he child warrant.

(2)An appeal may be taken by the aggrieved person from a final order affecting the aggrieved person, including but not limited to an order adjudging a child to be dependent, neglected, delinquent or a child traffic offender.

The appeal shall be taken to the Court of Appeals within thirty (30) days of the filing of the order of the Court. The Clerk of the Court shall notify the person having custody of the child of the appeal. Failure to notify the person having custody of t he child does not affect the jurisdiction of theCourt of Appeals. The order of the Children's Court shall stand, pending the determination of the appeal, but the Court of Appeals may, in its discretion and upon application, stay the order.

(3)The appeal from the Children's Court is taken to the Court of Appeals of the pueblo of San Ildefonso Judiciary which shall try the case over. The procedure on the appeal shall be as prescribed in the Rules of the Court.


TITLE X - DOMESTIC RELATIONS

CHAPTER 23 - MARRIAGE AND DIVORCE

Sec. 23.1 - Marriage and Divorce.

All marriages consummated according to State Law or Tribal custom or tradition before the effective date of this Code are declared valid and binding by the Pueblo of San Ildefonso, but hereafter, shall conform to the provision of this Code.

Sec. 23.2 - Jurisdiction.

The Pueblo of San Ildefonso Tribal Court shall have jurisdiction over marriages and divorces of the members of the Pueblo of San Ildefonso.

(1)The Tribal Court shall have jurisdiction to hear and determine matters of divorce, separate maintenance, annulment, adoptions, determination of paternity and support, custody of minor children and change of name and to determine if full faith and credi t will be given to judgments of court or other jurisdictions in these matters involving members of the Pueblo of San Ildefonso, except that a divorce obtained in another jurisdiction shall be of no force or effect in this Pueblo if both parties to the mar riage were domiciled in this Pueblo at the time the proceeding for divorce was commenced.

Sec. 23.3 - Marriages.

A valid marriage here under shall be constituted by:

(1)The issuance of a marriage license by the Pueblo of San Ildefonso Tribal Court or the State of New Mexico and by execution of a written contract by both parties to the marriage and recorded with the Clerk of the Court.

(2)The solemnization of the marriage by Pueblo tradition and custom, by a Judge within the territorial jurisdiction of the Pueblo of San Ildefonso or by a recognized clergymen or by public official authorized to do so by the laws of any State is optional.

(3)Pueblo custom marriages consummated after the effective date of this Code shall be recognized as legal and binding if they are duly recorded within the records of the Trial Court by signing of a Marriage Register maintained by the Clerk of the Court. A license must be obtained and each party must sign such Register within five (5) days of the Pueblo custom marriage ceremony.

Sec. 23.4 - Marriage License.

A marriage license shall be issued by the Clerk of the Court in the absence of any showing that the proposed marriage would be invalid under any provision of this Code or Pueblo custom and tradition and:

(1)Upon written application of an unmarried male and unmarried female, both of whom must be eighteen (18) years or older. If either party to the marriage is under the age of eighteen (18), then that party must have the written consent of the Parent or le gal guardian.

(2)Upon filing with the Clerk of the Court of a certificate of physician that the parties are free of any venereal disease.

Sec. 23.5 - Solemnization.

In the event a judge, clergyman, tribal official or anyone authorized to do so solemnizes a marriage, he shall file with the Clerk of the Court a certification thereof within thirty (30) days of the solemnization. The validity of any marriage under this Code is not affected by the absence of a ceremony.

Sec. 23.6 - Invalid or Prohibited Marriages.

Marriages which are prohibited or invalid under this Code are:

(1)Where either party is lawfully married to another living spouse unless the former marriage has been legally annulled or dissolved.

(2)Between ancestors and descendants of every degree, between a stepfather and stepdaughter or between stepmother and stepson, between brothers and sisters, aunts and nephews, uncles and nieces, and between first cousins, whether the relationship is of th e half or whole blood and, legitimate or illegitimate.

(3)When marriages are prohibited by custom and traditions of the Pueblo,

(4)All such marriages listed in this Section are invalid for the purpose of this Code.

see. 23.7 - Grounds for Annulment or Voidable Marriage.

A marriage may be voided or annulled by the Tribal Court for any one of the following reasons upon the application of one of the parties:

(1)When either party to the marriage shall be incapable of consenting thereto.

(2)When the consent was obtained by force or fraud.

(3)When either party was at the time of the marriage incapable of consummating the marriage and the incapacity is continuing.

(4)When the marriage was invalid on one of the grounds set forth inSec. 23.6.

(5)If, after correction of any of the foregoing defects, the parties shall continue to live together as husband and wife, the marriage shall not subsequently be subject to annulment because of such defect.

(6)Procedure for annulment must be instituted by petition of the party laboring under the disability or upon whom the force or fraud is imposed in a civil action.

Sec. 23.8 - Effects of Annulment of Voidable Marriage.

The legitimacy of children and their entitlement to enrollment conceived or born prior to a judgment of annulment shall not be affected by the judgment. The judgment shall be conclusive only as against the parties to the action and those claiming under t hem.

Sec. 23.9 - Divorce.

A marriage may be dissolved by divorce in the San Ildefonso Tribal Court for incompatibility of the parties for whatever reason; when either party is a resident within the jurisdiction of the Pueblo of San Ildefonso for six (6) months. The Rules of Civil Procedure as set forth in this Code shall be followed, except the trial will be conducted by the Court only. The Court may require a waiting period of sixty (60) days before making any divorce final.

Sec. 23.10 - Actions of the Court Pending Divorce or Annulment.

The San Ildefonso Trial Court any order:

(1)The husband or wife to provide for the separate maintenance of his or her spouse and children as the Court may deem just upon application therefore or in the disposition of a divorce proceeding.

(2)The care, custody and maintenance of the minor children of the marriage during the pendency of the proceedings.

(3)Any reasonable temporary property settlement for the use of real and personal properties, as between the parties, and the recovery and delivery to each of the parties of any of their personal property in possession or control of the other, for good and adequate reasons, and the use of any and all property, whether real or personal, and the payment of debts, all on a temporary basis until final adjudication by the Court.

(4)To restore the maiden name of the wife, if requested.

CHAPTER 24 - ADOPTIONS

Sec. 24.1 - Adoption.

The Pueblo of San Ildefonso Tribal Court shall have jurisdiction to hear, pass upon, and approve petitions for family adoption of or by members of the Pueblo following Pueblo custom and tradition or any ordinance adopted by the Council of the Pueblo of Sa n Ildefonso governing adoptions pursuant to the Act of Nov. 8, 1978 (PL 95-608); 92 Stat. 3069).

(1)Adoption proceedings shall be instituted by filing of a petition with the Court which shall conduct the proceedings in accordance with the Civil Rules of Procedure of this Code and the Rules of the Count, and Rules and Regulations of the Secretary of t he Interior.

(2)Any minor Indian child under the age of eighteen (18) years may be adopted by an Indian person, if the adoption is approved by the Court or by a non-Indian person if the adoption is approved by the Court and Governor and the Tribal Council.

(3)Any surviving natural parents must consent in writing to the adoption or the Tribal Court must consent if it has legally terminated parental rights or if there are no surviving parents.

(4)The person or persons seeking to adopt the child shall appear before the Court and be examined and the Court may require a report to be rendered by the Social Worker of the Bureau of Indian Affairs, the Social Service Agency of a state or other person designated by the Court to make such a report, on the qualifications of the adoptive person or persons, and provide any other information for or against the proposed adoption stating the reasons therefor.

(5)If the child is of the age of twelve (12) or over, the child must also appear before the court and consent in writing to such adoption.

(6)After the Court has heard all the facts on such adoption proceedings and believes that it is to the best interests of the child to be adopted, it shall enter an order accordingly which shall be kept in the records of the Pueblo of San Ildefonso, the Bu reau of Indian Affairs, and the Bureau of Vital Statistics of the State of New Mexico.

(7)The Court however may issue a temporary order giving the care and custody of the child to the perspective adaptive parents or any other suitable person or persons for a period of not more than twelve (12) months in order that the potential adoptive fam ily situation may be observed before the Court makes its final ruling.

(8)After a final order is issued in an adoption proceeding by the Tribal Court, the adoptive parents shall succeed to all rights and responsibilities of the natural parents whose rights shall thereafter be terminated forever and, thereafter, neither the a dopted child nor his natural parent may inherit from each other, with the exception of any trust property that passes by blood descent.

(9)Adoption of any minor child who is a member of the Pueblo of San Ildefonso shall not affect the child's status as a member.

(10)The proceedings in all adoption cases shall be confidential and held in closed Court. All records and files except final judgment of adoption shall be kept confidential by the Clerk of the Court and may be inspected only upon order of the Courts.

(11) An adult person may be adopted by any other adult person with theconsent of the person to be adopted or his guardian. After a hearing and after such investigation as the Court deems advisable if the Court finds that it is to the best interests of th e persons involved, a decree of adoption may be entered.

CHAPTER 25 PATERNITY AND SUPPORT

Sec. 25.1 Determination of Paternity and Support.

The San Ildefonso Tribal Court shall have jurisdiction of all suits brought to determine the paternity of a child and to obtain a judgment for the support of the child.

(1)All proceedings in this Section shall be in accordance with the Civil Rules of Procedure of this Code and the Rules of the Court.

(2)A judgment of the Court establishing the identity of the father of the child shall be conclusive of that fact in all subsequent determinations of inheritance and in criteria for enrollment with the Pueblo of San Ildefonso.

CHAPTER 26 - GUARDIANSHIP

Sec. 26.1 - Appointment of Guardians.

The Court shall have the jurisdiction to appoint and remove legal guardians for minors and for persons who are incapable of managing their own affairs.

(1)All proceedings in this Section shall be in accordance with the Civil Rules of Procedure of this Code and the Rules of the Court.

(2)The Court may appoint guardians over the property or over the person, or both, of a minor or for persons determined by the Court to be incapable of managing their own affairs. Appointment of any non-Indian as guardian by the Court must be approved by the Governor and Tribal Council.

(3) The Court may require a report from the Social Worker of the Bureau of Indian Affairs or the State of New Mexico or other person designated by the Court to make a report on the parties involved and such other information as the Court may order.

(4)Any guardian appointed under this Section shall advise the Court by written report at least once a year or upon request of the Court on all actions of the guardian on behalf of the ward or the ward's estate.

(5)No guardian may dispose of any of the ward's property without the approval of the Court in advance.

(6)Any guardianship over the person of a minor shall automatically terminate when the ward becomes the age of eighteen (18) years.

(7)Any guardianship over the property of a minor shall terminate upon application of the guardian or minor for termination of the guardianship to the Court and the approval of the Court.

(8)A special guardian may be appointed for the special purpose of signing deeds, contracts or other documents on behalf of a minor or a person who is incapable of managing his own affairs. The document to be valid must be approved by the Court and also a pproved by the Secretary of the Interior or his designated representative if it involves trust or restricted property or funds.

CHAPTER 27 - MISCELLANEOUS

Sec. 27.1 - Change of Name.

The San Ildefonso Tribal Court shall have the authority to change the name of any person upon petition of such person or upon the petition of the parents of any minor. Any order issued by the Court for change of name shall be kept as a permanent record a nd copies shall be filed with the pueblo of San Ildefonso, Bureau of Indian Affairs, and Bureau of Vital Statistics of the State of New Mexico or state or residence of the applicant.

Sec. 27.2 - Protective Custody.

An adult person may be placed under protective custody in detention for his own protection or the protection of others by a Law Enforcement Officer for seventy-two (72) hours. Detention for any longer period shall be represented by lay counsel or by a pr ofessional attorney.


TITLE XI - PROBATE PROCEDURE

CHAPTER 28 - JURISDICTION

Sec. 28.1 - Jurisdiction.

When a member of the Pueblo of San Ildefonso or any other person residing in the jurisdiction of the Pueblo of San Ildefonso dies intestate, the heirs of the decedent, the claims of the creditors, and the distribution of the estate shall be determined by the San Ildefonso Tribal Court under this Code. The jurisdiction of the Court in such cases covers all of the decedent's property that is located anywhere within the territorial jurisdiction of the Tribal Court except property and funds which are restric ted or held in trust by the Federal Government. All proceedings under the Probate Code shall be conducted under the Riles of Civil Procedure of this Code.

CHAPTER 29 - SMALL ESTATES

Sec. 29.1 - Small Estates.

Any interested person may file a petition with the Clerk of the Court for the distribution, without administration of estate of a decedent who died testate or intestate and in which the total estate consisting of nontrust property not exceeding $5,000.00 in value, provided that the decedent is survived by a widow or widower or by one (1) or more minor children, otherwise the procedures of Chapters 30 and 31 of this Title shall be followed.

Sec. 29.2 - Information Required.

The petition for distribution of a small estate shall contain the information required bySec. 30.5. The petition shall be sworn to before the Clerk of the Court or other officer authorized to administer oaths.

Sec. 29.3 - Findings and Final Order.

If the Court finds that the estate does not exceed $5,000.00 in value, and that more than thirty (30) days have elapsed since the death of the decedent, the Court may order the estate distributed pursuant to the decedent's will, if any, or according to th e rules of the descent and distribution of this Title.

CHAPTER 30 - ADMINISTRATION

Sec. 30.1 - Petition for Administrator or Executor.

(1)Immediately upon the death of a member of the Pueblo of San Ildefonso and prior to appointment of the executor or administrator, the Court shall have authority to seal the estate, including all belongings and property, of the decedent, and to appoint a caretaker to take possession and control of the property of the decedent, and to care for and maintain the property.

(2)Any person claiming to be the heir of any member of the Pueblo of San Ildefonso or any other person residing on the Pueblo of San Ildefonso or surviving spouse of the decedent, surviving children, creditors, or the Pueblo may file a petition for the ap pointment of an executor, if there is a will, or administrator of the estate with the Clerk of the Tribal Court. All procedures shall be conducted accordance with the Civil Procedures of this Code.

(3)The Court shall thereupon appoint an administrator or executor of the estate who shall take possession and control of the property of the decedent from the caretaker until the administration of the estate has been completed and he has been discharged b y order of the Court.

(4)It shall be the duty of the executor or administrator to preserve and protect the property for the benefit of the estate and heirs.

(5)Upon petition of the caretaker, administrator or executor, the Court may authorize the unsealing of the estate, including all belongings and property,for the purposes of a traditional give-away under the customs of the Pueblo of San Ildefonso; however, only persons designated by the decedent or eligible under Pueblo custom and tradition shall be eligible to take.

(6)Reasonable maintenance may be authorized by the Court to any surviving spouse or surviving minor children pending settlement of the estate.

(7)The caretaker, administrator or executor shall petition the Court for the appointment of guardians for any minor children or any person deemed to be incompetent who may be probable heirs or devisees of the decedent.

Sec. 30.2 - Wills.

Every custodian of a will must deliver the will to the Tribal Court within five (5) days of the death of its maker. Failure to do so may subject that person to the damages sustained by any person injured thereby.

(1)A will may be proved by the affidavit of two (2) attesting witnesses identifying the signature of the testator and affirming that the will was executed by the decedent in the presence of the witnesses and declared by him to be his last will and testame nt.

(2)In the event that any person contests the validity of the will, the Court shall take no further action except to set a date for a hearing to establish the validity of the will and until the Court rules on the validity of the will.

(3)Upon the completion of the hearing or hearings regarding the validity of the will, the Judge of the Tribal Court shall either affirm the will and order it admitted to probate or reject the will and order the administration of the decedent's estate as i f the decedent had died intestate without executing the will.

Sec. 30.3 - Appraisal of Property.

When any action is filed under this Title for the probate of a decedent's estate, the Court shall appoint a qualified appraiser to appraise all of the property within the jurisdiction of the Court who shall file the appraisal report with the Clerk of the Court.

Sec. 30.4 - Claims.

Creditors of the estate or those having a claim against the decedent shall file their claim with the Clerk of the Court or the executor or administrator within sixty (60) days from official notice of the appointment of the executor or administrator publis hed locally by the press or posting of signs at the Tribal and other offices, giving appropriate notice for the filing of claims.

(1)The Court or Administrator or executor shall examine all claims within ninety (90) days of his appointment and notify the claimant whether his claim is accepted or rejected. If the claimant is notified of rejection, the claimant any a,peal to the Trib al Court before the date set for distribution of the estate for determination of the appeal at the distribution hearing.

(2)Claims shall be preferred in the following order:

A.All reasonable expenses of last illness and burial.

B.Reasonable expenses of administration.

C.All other claims, including claims filed by agencies of the State and Federal Government.

D.Any amount due the Pueblo of San Ildefonso, including notice of all Tribal liens on any part of the estate of the decedent.

Sec. 30.5 - Administration of Estate.

(1)Within one-hundred (100) days after the appointment of the executor or administrator, he shall file a petition for the determination of heirs and distribution of the estate.

(2)The petition shall be filed in duplicate and shall be sworn to or affirmed and shall contain:

A.The name of decedent.

B.Place and date of decedent's death.

C.Names, ages, and relationship to decedent of all heirs of decedent and, if decedent dies testate names, ages, and relationship, if any, of all beneficiaries under his will.

D.Nature and extent of decedent's property and location of same.

E.State of existence or absence of will with attachment of original will if decedent dies testate.

F.Copy of death certificate or other adequate proof of death.

G.Statement of all claims including those approved or rejected for payment.

H.A certificate of heirs signed by the Tribal Official in charge of Tribal Census Records.

I.Proof of service on persons personally served, names of persons served by mail, and the number of notices posted and their location.

J.The Court may file a petition for the determination of heirs and distribution of the estate in its own motion in the event an executor or administrator is not appointed or fails to act as required.

CHAPTER 31 DESCENT AND DISTRIBUTION

Sec. 31.1 Determination of the Court.

At the time set for hearing, the Tribal Court shall proceed to examine all evidence relating to the distribution of the decedent's estate and determine any controversy relating to claims or as to those entitled to receive the decedent's estate. Upon conc lusion of the hearing, the Court shall:

(1)Enter its order determining the heirs or devisees.

(2)Provide for payment of approved claims.

(3)Provide for distribution of the decedent's estate by the executor or administrator as ordered by the Court.

(4)Require a report in thirty (30) days from any executor or administrator that he has carried out the orders of the Court.

(5)Discharge the executor or administrator and close the estate upon finding that the executor or administrator has faithfully discharged his duties.

Sec. 31.2 - Descent and Distribution.

In the event there is no will admitted to probation and there is no Pueblo custom or ordinance to the contrary recognized by the Court, the estate shall be distributed by order of the Court as follows:

(1)If a husband or wife survives and there is no issue over the age of eighteen (18) years, the husband or wife shall take the entire estate.

(2)If a husband or wife survives and an issue over the age of eighteen (18)survives, the surviving husband or wife shall take one-half (1) and the balance is divided equally among the surviving issue over the age of eighteen (18) years.

(3)Issue is any direct descendent of deceased person, whether child, grandchild, great-grandchild or more remote descendent.

(4)If no husband or wife survives, the surviving children will take the entire estate in equal shares.

(5)If neither husband or wife or issue survives, the parents of the decedent will take all of the estate, sharing it equally if both survive or the survivor taking all if but one (1) survives.

(6)If no spouse, issue or father or mother survives, the brothers and sisters shall inherit in equal shares, except that if pre-deceased brothers and sisters left issue, the issue shall share equally in the interest of their predeceased parent.

(7)If no spouse, issue, father or mother, brother or sister or nephew or niece or decedent survives the estate shall escheat or pass to the Pueblo of San Ildefonso.

(8)An illegitimate child shall inherit from his mother the same as if born in lawful wedlock and shall inherit also from the person who, in writing and before a competent attesting witness, shall have declared himself to be his father or found to be the f ather in a paternity suit.

(9)Adoptive children and parents shall share in the same manner as natural children and parents.

(10)Family heirlooms, artifacts, articles or traditional or religious significance may be funeral gifted by or shall descend to the closest enrolled San Ildefonso male relative by blood of a paternal decedent and to the closest enrolled San Ildefonso Pueb lo female relative by blood of a maternal decedent. (11) Any person who pleads guilty to or is convicted of homicide or murder of the first or second degree of the decedent, under any state or federal law, shall not be eligible to.inherit any part of the decedent's estate under this Code by law, Pueblo custom or will of the decedent, and all property, including any trust property that must pass will escheat to the Tribe if there are no other heirs at law.

Sec. 31.3 - Expenses and Fees.

After the payment of all expenses in connection with the distribution of the estate, the Court may charge such fees as may be deemed proper taking into consideration the appraised value of the estate of the decedent, but not to exceed $500.00.


TITLE XII - SAN ILDEFONSO PUEBLO TRAFFIC SAFETY CODE

CHAPTER 32 - TRAFFIC SAFETY COMMISSION

Sec. 32.1 - Appointment of the Commission.

There is hereby created a Traffic Safety Commission consisting of three (3) members appointed by the Governor, with the concurrence of a majority of the Tribal Council, and who shall hold office until removed by the Tribal Council.

Sec. 32.2 - Authority of the Commission.

The Commission shall have the authority to enforce the provisions of this Title and to issue appropriate changes, additions and deletions of this Title governing Traffic Safety, subject to approval of the Tribal Council.

The Commission may appoint any Judge of the Tribal Court, as a hearing officer and any hearing for violation of any provisions of the San Ildefonso Pueblo Traffic Safety Code, upon filing of an appropriate citation by a Law Enforcement Officer, shall be a n administrative hearing following the Rules of Criminal Procedure. A finding that a traffic safety violation has occurred would be an administrative violation and would not be deemed a conviction of a crime.

Sec. 32.3 - Traffic Safety Code to Apply to Persons Riding Animals or Driving Animal Drawn Vehicles.

Every person riding an animal or driving any animal drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except those provisions of this Code which by their very nature can have no application, and except where otherwise specifically provided in this Code.

Sec. 32.4 - Authority to Designate Through Highway and Stop and Yield Intersection.

(1)The State Highway Commission, with reference to state and county highways, and the Commission, with reference to other highways under their jurisdiction, may designate through highways and erect stop signs or yield signs at specified entrances thereto, or nay designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to the intersection.

(2)Preferential right of ways at an intersection nay be indicated by stop signs or yield signs as authorized in this Traffic Safety Code;

(3)Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the e vent there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway before entering the intersection.

(4)The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but none then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

Sec. 32.5 - Administrative Adjudication Procedure.

If a person admits to the traffic safety violation upon being served a notice to appear delivered to the person by the citing officer the person shall complete an appropriate answer form and return it with a check or money order in the amount of the monet ary sanction or penalty assessment stated on the notice to appear.

If a person does not admit to the traffic safety violation, an appropriate notice will be served upon the person setting a date for a hearing before the Tribal Court.

Sec. 32.6 - Appeals from Decision of the Tribal Court.

Any person may appeal a decision or recommendation of the Tribal Court to the Traffic Safety Commission by filing notice with the Commission ten (10) days specifying the grounds upon which the appeal is based. If the notice of appeal is accepted, the Com mission will set a hearing within ten (10) days on the appeal, giving notice to the appropriate parties.

Sec. 32.7 - Appeals from Decision of the Traffic Safety Board.

The procedures governing appeals from the Traffic Safety Board are set forth inSec. 43.7 of the Civil and Criminal Code of the Pueblo of San Ildefonso.

Sec. 32.8 Licenses Authority

The Commission has the authority to issue driver

permits/licenses to members of the Pueblo and the Commission may issue such mules, fees and regulations as axe necessary for proper administration of licenses.

(1)There shall be at least three classes of permits/licenses issued:

(a)Class A which is fox non-commercial use.

(b)Class C which is chauffeur or commercial use.

(c)Class M which is for operation of a motorcycle.

(2)Learners permit or license for those under the age of is may be_issued by the Commission.

Sec. 32.9 - Registration Authority

The commission has authority to register motor vehicles of members Of the Pueblo and the Commission may issues such rules, fees and regulations as are necessary fox Proper administration of registrations.

Sec. 32.10 - Absence of Commission

In the event that the Commission is not Organized or has not been appointed, the Tribal Judiciary will function as the Commission, and in the absence of both, the Governor will function as the Commission, For purposes of section 40.1 only, in the event of the absence of the Commission, the Judge and Governor will function as the Commission or in the absence of the commission and the Judge, the Governor will function as the commission.

CHAPTER 33 AUTHORITY OF LAW ENFORCEMENT OFFICERS

Sec. 33.1 Police Authority.

The Tribal Council shall designate by the issuance of credentials such officers who shall have the powers:

(1)Of peace officers for the purpose of enforcing the provisions of this Code;

(2)To detain any person for any violation, committed in their presence, of any of the provisions of this Code;

(3)When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Code, to require the driver thereof to stop, step out of his vehicle, and exhibit his driver's license and the registration evidence issued fo r the vehicle and submit to an inspection of such vehicle, the registration plates, and registration evidence thereon or to an inspection and test of the equipment of such vehicle;

(4)Inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registr ation thereof.

Sec. 33.2 - Report of Stolen and Recovered Motor Vehicles

Every sheriff, chief of police, or peace officer commissioned by the Pueblo of San Ildefonso upon receiving reliable information that any vehicle has been stolen shall immediately but in no case later than one (1) week after receiving such information rep ort such theft to the New Mexico State Police, unless prior thereto information has been received of the recovery of such vehicle. Any said officer upon receiving information that any vehicle which he has previously reported as stolen, has been recovered , shall immediately report the fact of such recovery to the New Mexico State Police.

Sec. 33.3 - Obedience to Police Officers.

Any person who shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law of the San Ildefonso Council with authority to direct, control or regulate traffic shall be deemed guilty of a violation and u pon conviction may be subject to a penalty assessment of $100.00 and to such other orders of the Tribal Court.

CHAPTER 34 VEHICLE REGISTRATION AND OPERATOR'S LICENSING

Sec. 34.1 - Operators and Chauffeurs Must Be Licensed.

66-5-2

(i)No person shall drive any motor vehicle upon a highway on the Reservation unless he/she has a valid license as an operator or chauffeur under the provisions of this Pueblo or of any state or nation (including other indian tribes) motor vehicle code.

(2)No person shall drive a motor vehicle upon a highway on this Reservation as a chauffeur unless he holds a valid chauffeur's license.

(3)All licensed drivers who are authorized to drive a motor vehicle shall be permitted to drive within the boundaries of the Reservation, unless the license has been suspended by the Commission or the Tribal Court.

Sec. 34.2 - Persons Exempt from License.

66-5-4

Any operator of a farm tractor or agricultural implement temporarily drawn, moved or propelled on the highway within the Reservation is exempt from possessing a driver's license.

Sec. 34.3 - License to be Carried and Exhibited on Demand.

66-5-16

Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of an officer. However, no person charged with violating this section shall be c onvicted if he produces in court an operator's or chauffeur's license theretofore issued to him and valid at the time of his arrest.

Sec. 34.4 - Persons Not To Be Licensed.

66-5-5

No person shall be permitted to operate a vehicle on the San Ildefonso Reservation as an:

(1)Operator, who is under the age of sixteen (16) years, except:

A.A restricted instruction permit or a restricted license to students fourteen (14) years of age or over enrolled in a high school driver-education program approved by the State Board of Education.

B.An operator's permit to any person fifteen (15) years of age or older who has satisfactorily completed an accredited driver-education program.

(2)Operator or chauffeur, who is a habitual drunkard, a habitual user of narcotic drugs or a habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle.

(3)Operator or chauffeur, who is three times convicted of driving a motor vehicle under the influence of intoxicating liquor or narcotic drug, regardless of whether the convictions are under the laws or ordinances of any state or any municipality, county or Indian Tribe thereof until restoration of the license. Should the person be subsequently once convicted of either of the same offenses, he shall thereafter never be permitted to drive any motor vehicle upon the highways and roads within the San Ildefo nso Pueblo Indian Reservation.

(4)Operator or chauffeur, who has previously been afflicted with, or suffering from, any mental disability or disease which could render him unable to operate a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health.

Sec. 34.5 - Unlawful Use of License.

66-5-37

It is a violation for any person:

(1)To use any canceled, revoked, suspended, false, or fraudulently altered operator's or chauffeur's license;

(2)To lend his operator's or chauffeur's license to any other person or knowingly permit the use thereof by another;

(3)To use any license not issued to him;

(4)Fail or refuse to surrender to the San Ildefonso Tribal Court upon its lawful demand any driver's license or permit which has been suspended.

(5)To permit any unlawful use of driver's license or chauffeur's license issued to him.

Sec. 34.6 - Driving While License Suspended or Revoked.

66-5-39

(1)Any person who drives a motor vehicle on any public road of this Reservation at a time when his privilege to do so is suspended or revoked shall be guilty of violation and upon conviction shall be subject to a penalty assessment of not more than $500.0 0 or such other orders of the Court which may include a satisfactory completion of a Driver's Training Course.

Sec. 34.7 - Permitting Unauthorized Minor To Drive.

66-5-40

No person shall cause or knowingly permit a child under his or her care, under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this Code.

Sec. 34.8 - Permitting Unauthorized Person to Drive.

66-5-41

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not licensed to drive.

Sec. 34.9 - Authority of the San Ildefonso Tribal Court to Suspend or Revoke License.

(1)The Commission or San Ildefonso Tribal Court is hereby authorized to suspend the license of an operator or chauffeur after a hearing and notify the State Department of Motor Vehicles upon a showing by its records or other sufficient evidence that the l icensee:

A.Has committed an offense for which mandatory revocation of license is required upon conviction;

B.Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

C.Has been convicted with such frequency of serious offense against the traffic regulations for traffic laws and a disregard for the safety of other persons on the highways;

D.Is a habitually reckless or negligent driver of a motor vehicle;

E.Is incompetent to drive a motor vehicle;

F.Has permitted an unlawful or fraudulent use of such license.

Sec. 34.10 -Refusal to Issue License--Cancellation or Suspension of License or Use of Temporary Permits -Hearings.

66-4-3

(1)The San Ildefonso Tribal Court may suspend a license or use of temporary permits for violation of the provisions of this Code. The Court shall take the action herein authorized only after hearing. Notice of such hearing shall be given the party conce rned as provided. Such notice shall state the proposed action of the Court and the reason for such proposed action.

(2)The Court shall prepare rules and regulations for the conduct of such hearing. At such hearing the technical rules of evidence shall not apply, a party shall have the right to be represented by counsel, to call witnesses in his own behalf; and to cros s-examine the witnesses of other parties.

(3)The Judge shall conduct the hearing for the Court and shall cause a record of hearing to be made.

(4)Within ten (10) days after completion of the hearing, the Judge shall cause to be served upon all parties, in the manner provided in this Code, his findings and decision. The decision shall be either:

A.Suspension of a license for a time stated and notice to the State Department of Motor Vehicles.

B.Continuing use of a permit, cancellation of use of temporary permits or suspension of use of temporary permits for a time stated, and notice to the State Department of Motor Vehicles.

Sec. 34.11 -Evidence of Registration to be Signed and on Demand.

Every such registration evidence or duplicates thereof certified by this Pueblo or by the Motor Vehicle Department of any state or nation (including other indian tribes) shall be exhibited upon demand of any police officer.

Sec. 34.12 - Display of Registration Plates.

License plates shall be displayed pursuant to the state law which issued them.

Sec. 34.13 - Improper Use of Evidences of Registration.

No person shall lend to another any certificate of title, registration evidence, registration plate, special plate, or permit issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one (1) not entitled thereto, nor shall any person display upon a vehicle any registration evidence, registration plate, or permit not issued for such vehicle or not otherwise lawfully used thereon under this Code.

Sec. 34.14 - Seizure of Documents and Plates.

The San Ildefonso Pueblo Court is hereby authorized to take possession of any certificate of title, evidence of registration, permit, license or registration plate issued by it upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued.

CHAPTER 35 TRAFFIC ACCIDENTS WITHIN THE SAN ILDEFONSO RESERVATION

Sec. 35.1 Accidents Involving Death or Personal injuries.

66-7-201

(1)The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shal l remain at the scene of the accident until he has fulfilled these requirements. Every such stop shall be made without obstructing traffic more than is necessary.

(2)Any person failing to stop or to comply with said requirements under such circumstances shall be guilty of a violation and upon conviction may be subject to pay a penalty assessment not to exceed $500.00 or such other orders of the Court.

(3)The Judge may suspend the license or permit to drive and any nonresident operating privilege of the person so convicted and notify the State Department of Motor Vehicles.

Sec. 35.2 - Leaving the Scene of an Accident --Damage to Vehicle.

66-7-202

The driver of any vehicle involved in an accident resulting only in damage to vehicle which is driven or attended by any person shall immediately stop such vehicle at such scene of accident or as close thereto as possible but shall forthwith return and in every event shall remain at the scene of the accident until he has fulfilled the requirements of See. 66-7-203. Every such stop shall be made without obstructing traffic more than is necessary and any person failing to stop or comply with said requireme nts under such circumstances shall be guilty of an offense.

Sec. 35.3 - Duty to Give Information and Render Aid.

6&-7-203

The driver of any vehicle involved in an accident resulting in injury or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, the registration number of the vehicle he is driving and shall up on request exhibit his driver's or chauffeur's license to the person struck or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or making of arr angements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

Sec. 35.4 -Duty Upon Striking Fixtures or Other Property Upon a Highway.

66-7-205

The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his operator's or chauffeur's license and shall make report of such accident when and if required in See. 66-7-207 hereof.

Sec. 35.5 - Immediate Notice of Accidents. Failure to Report.

66-7-206

The driver of a vehicle involved in an accident resulting in injury or death to any person or property damage to an apparent extent of $100.00 or more shall immediately by the quickest means of communication, give notice of such accident to the Police Dep artment of the San Ildefonso Pueblo or the State of New Mexico.

Sec. 35.6 - Written Reports of Accidents.

66-7-207

(1)The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of $100.00 or more shall, within five (5) days after such accident, forward a written report of such acc ident to the Police Department of the San Ildefonso Pueblo or the State of New Mexico.

(2)The San Ildefonso Tribal Court may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the Court an d may require witnesses or accidents to render reports to the San Ildefonso Tribal Court.

(3)Every Law Enforcement Officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this Section, either at the time of and at the scene of the accident or thereafter by interviewing parti cipants or witnesses shall, within 24 hours after completing such investigation, forward a written report of such .accident to the Police Department of the San Ildefonso Pueblo.

Sec. 35.7 - Penalty for Failure to Report.

66-7-210

The Judge may suspend the license or permit to drive of any person and any non-resident operating privileges of any person failing to report an accident as herein provided until such report has been filed, and in addition, may impose a penalty assessment of not to exceed $250.00 and costs.

CHAPTER 36 SPEED VIOLATIONS AND RESTRICTIONS

Sec. 36.1 Speed Regulations.

66-7-301

(1)No person shall drive a vehicle on a highway at a speed greater than:

A.Fifteen (15) miles per hour on all highways when passing school zone while children are going to and leaving school and when the school zone is properly posted;

B.Twenty-five (25) miles per hour in any business or residence district;

C.Fifty-five (55) miles per hour on highways and open country or in other locations.

(2)In every event, speed shall be so controlled as may be necessary:

A.To avoid colliding with any person, vehicle, conveyance on or entering the highway;

B.To comply with legal requirements and the duty of all persons to use due care, and to drive in such manner and at such speed that he shall not endanger life, health, or property.

(3)The speed limits set forth in this section may be changed by ordinance of the Council.

Sec. 36.2 - Minimum Speed Regulations.

66-7-305

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when slow speed is necessary for safe operation or in compliance with law. Tribal and police officers are hereby authori zed to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver shall be a viol ation.

CHAPTER 37 RULES AND REGULATIONS GOVERNING PEDESTRIANS

Sec. 37.1 Pedestrians' Right of Way in Crosswalks.

66-7-334

(1)When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upo n the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(2)No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(3)Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway , the driver of any other vehicle approaching from the rear shall not over take and pass such stopped vehi cle.

Sec. 37.2 - Crossing at Other Than Crosswalks.

66-7-335

(1)Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within any unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.

(2)Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right

of way to all vehicles upon the roadway.

(3)Between adjacent intersection at which traffic-control signals are

in operation pedestrians shall not cross at any place except in a marked crosswalk.

Sec. 37.3 - School Crossings.

66-7-336

(1)Crosswalks may be established over highways abutting a school or the grounds adjacent thereto, and all children crossing the highways shall be required to do so within the marked crosswalks. The State Highway Commission, with respect to state highways , and the Tribal Council, with respect to streets under their jurisdiction, with advice of the local superintendent of schools, shall establish and mark, or cause to be marked, these highway crossings. (2) Crosswalks over highways not abutting on school g rounds may be established by the State Highway Commission, with respect to state highways, and by local superintendent of schools and after adequate assurance has been given that proper safety precautions, pursuant to regulations of the State Highway Comm ission and of the local authorities. Responsibility for maintaining the crossing will be with the appropriate county or municipality wherein the school is located.

(3)At all school crossings except as provided in this section appropriate signs shall be provided as prescribed by the State Highway Commission or Tribal Council within their respective jurisdictions, indicating the crossings and regulating traffic moveme nt within the school zones.

(4)School crossings are not required to be specially posted when they are located:

A.At a signalized intersection;

B.At an intersection where traffic is controlled by stop sign; or

C.At a point where a pedestrian tunnel or overhead crossing is provided.

Sec. 37.4 - Drivers to Exercise Due Care.

66-7-337

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacit ated person upon a roadway.

Sec. 37.5 - Pedestrians to Use Right Half of Crosswalk.

66-7-338

Pedestrians shall move, whenever practicable, upon the right half of the crosswalks.

Sec. 37.6 - Pedestrians on Roadways.

66-7-339

(1)Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(2)Where sidewalks air not provided, any pedestrian walking upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

CHAPTER 38 RULES OF THE ROAD

Sec. 38.1 Drive on Right of Roadway - Exceptions.

66-7-307

(1)Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, and where practicable, entirely to the right of the center thereof, except as follows:

A.When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.

B.When the right half of a roadway is closed to traffic while under construction or repair.

C.Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or

D.Upon a roadway designated and signposted for one-way traffic.

(2)Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right hand curb or edge of the roadway, except when overtaking and passing another car proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

Sec. 38.2 - Passing Vehicles Proceeding in Opposite Direction.

66-7-309

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways width for not more than one (1) line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portio n of the roadway as nearly as possible.

Sec. 38.3 - Overtaking a Vehicle on the Left.

66-7-310

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1)The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;

(2)Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking ve hicle.

Sec. 38.4 - When Overtaking on the Right is Permitted.

66-7-311

(1)The driver of a vehicle any overtake and pass on the right of another vehicle only under the following conditions:

A.When the vehicle overtaken is making or about to make a left turn;

B.Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles;

C.Upon a one-way street, or upon any roadway on which traffic is restricted to one (1) direction of movement, where the roadway on which traffic is restricted to one (1) direction of movement, where the roadway is free from obstruction and of sufficient w idth for two (2) or more lines of moving vehicles.

(2)The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway.

Sec. 38.5 - Limitations on Overtaking on the Left.

66-7-312

No vehicle shall be driven to the left side of the center of roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to per mit such overtaking and passing to be completely made without interfering with the same operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.

Sec. 38.6 -Further Limitations on Driving to the Left of Center of Roadway.

66-7-313

(1)No vehicle shall at any time be driven to the left side of the roadway under any of the following conditions:

A.When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

B.When approaching within 100 feet of or traversing any intersection or railroad grade crossing.

C.When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

(2).The foregoing limitations shall not apply upon a one-way roadway.

Sec. 38.7 -Movement of Hazardous Vehicle - Escort to be Furnished.

66-7-314

When, in the judgment of the motor transportation department or local Pueblo authorities, with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement thereof may be conditioned upon a special escort accompanying the hazardous vehicle.

Sec. 38.8 - No-Passing Zones.

66-7-315

(1)The state highway commission for the state highways and Tribal Council may determine those portions of any other highway under their respective jurisdictions where overtaking and passing or driving on the left of the roadway would be especially hazardo us and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When the signs or markings on the roadway, indicate the beginning and end of such zones. When the signs or markings are in place and clearly visib le to an ordinarily observant person, every driver of vehicle shall obey the direction thereof.

(2)Where signs or markings are in place to define a no- passing zone as set forth in subsection (1) of this section, no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no passing zone throughout its length.

(3)This section does not apply under the conditions described to the driver of a vehicle turning left into or from an alley, private road or driveway.

Sec. 38.9 - One-Way Roadways and Rotary Traffic Islands.

66-7-316

The Council of the Tribe may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.

(1)Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.

(2)A vehicle passing around a rotary traffic island shall be driven only to the right side of such island.

Sec. 38.10 - Driving on Roadways Laned for Traffic.

66-7-317

Whenever any roadway has been divided into two (2) or more within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made in safety.

(1)Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, o r in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocations;

(2)Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the direct ions of every such sign.

Sec. 38.11 - Following Too Closely.

66-7-318

(1)The driver of a motor vehicle shall not follow another vehicle closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the conditions of the highway.

(2)The driver of any motor vehicle or motor truck drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow another motor vehicle or motor truck drawing another vehicle from overtaking and passing a ny like vehicle or other vehicle.

(3)Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall not follow the preceding vehicles closer than 300 feet. This provision shall not apply to fun eral processions.

Sec. 38.12 - Driving on Divided Highways.

66-7-319

Whenever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or intersection established by the written resolution of the Tribal Council.

Sec. 38.13 - Restricted Access.

66-7-320

No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.

Sec. 38.14 -Required Position and Method of Turning at Intersections.

66-7-322

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1)Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway;

(2)Left Turns on Two-Way Roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being ente red. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3)Left Turns on Other Than Two-Way Roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfull y available to traffic moving in such direction upon the roadway being entered.

(4)The Tribal Council may cause signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when signs are so pla ced no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such signs.

Sec. 38.15 - Turning on Curve or Crest of Grade Prohibited.

66-7-323

No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 1,00 0 feet.

Sec. 38.16 - Starting Parked Vehicles.

66-7-324

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.

Sec. 38.17 - Turning Movements and Required Signals.

66-7-325

(1)No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 66-7-322, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.

(2)A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

(3)No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.

Sec. 38.18 - Signals by Hand and Arm or Signal Device.

66-7-326

(1)Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device except as otherwise provided in paragraph (2).

(2)Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the b ody, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any signal vehicle, also t o any combination of vehicles.

Sec. 38.19 - Method of Giving Hand and Arm Signals.

66-7-327

(1)All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

A.Left Turn. Band and arm extended horizontally.

B.Right Turn. Hand and arm extended upward.

C.Stop or decrease speed. Hand and arm extended downward.

Sec. 38.20 - Vehicle Approaching or Entering Intersection.

66-7-328

(1)The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.

(2)When two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

(3)The right of way rules declared in paragraphs (1) and (2) are modified at through highways and otherwise as hereinafter stated in this Code.

Sec. 38.21 - Vehicle Turning Left At Intersection.

66-7-329

The driver of a vehicle within at intersection intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said d river, having so yielded and having given a signal when and as required by this act, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn.

Sec. 38.22 - Vehicles Entering Stop or Yield Intersection.

66-7-330

(1)Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in this act.

(2)Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 66-7-345 and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

(3)The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right of way to any vehicle in the intersection or approaching on another highway so clos ely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right of way.

Sec. 38.23 - Flashing Signals.

66-7-107

(1)Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

A.Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the in tersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;

B.Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(2)This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in Section 66-7-341.

Sec. 38.24 - Stop Before Emerging From Alley or Private Driveway.

66-7-346

The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and sha ll yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.

Sec. 38.25 -Vehicle Entering Highway From Private Road or Driveway.

66-7-331

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on said highway.

Sec. 38.26 -Operation of Vehicle on Approach of Authorized Emergency Vehicles.

66-7-332

(1)Upon the immediate approach of an authorized emergency vehicle equipped with at least one (1) lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance when operated as an authorized emergency vehicle, and when the d river is giving audible signal by siren, exhaust whistle, or bell; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand curb or edge of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

Sec. 38.27 - Authorized Emergency Vehicles.

66-7-6

(1)The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth i n this section subject to the conditions stated. The Tribal Council, the Chief of Police, or the Sheriff may designate emergency vehicles and revoke the designation. When vehicles are so designated, they are authorized emergency vehicles.

(2)The driver of an authorized emergency vehicle may:

A.Park or stand, irrespective of the provisions of the Motor Vehicle Code.

B.Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;

C.Exceed the maximum speed limits so long as he does not endanger life or property; and

D.Disregard regulations governing direction of movement or turning in specified directions.

(3)The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell, siren, or exhaust whistle as reasonably necessary, and when the vehicle is equipped with at least on e light lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red li ght visible from in front of the vehicle.

(4)This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor does it protect the driver from the consequences of his reckless disregard for the safety of others.

Sec. 38.28 - Overtaking and Passing School Bus.

66-7-347

(1)The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stopped on the roadway, with special school bus signals in operation, for the purpose of receiving or discharging any school children, shall stop the vehicle at least ten (10) feet before reaching the school bus and shall not proceed until the special school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed.

(2)Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in height.

(3)The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled access highway and the school bus is stopped in a loading zone which is part of o r adjacent to such highway and where pedestrians are not permitted to cross the roadway.

Sec. 38.29 -Stopping, Standing or Parking Outside of Business or Residence Districts.

66-7-349

(1)Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leav e such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a dist ance of 200 feet in each direction upon such highway.

(2)This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

Sec. 38.30 -Officers Authorized to Remove Illegally Stopped Vehicles

66-7-350

Whenever any police officer finds a vehicle standing upon a highway in such position of location to be a hazard, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same to pos ition off the paved or main-traveled part of such highway.

Sec. 38.31 Stopping, Standing or Parking Prohibited in Specified Places.

6&-7-351

(1)No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

A.On a sidewalk;

B.In front of a public or private driveway;

C.Within an intersection;

D.Within 15 feet of a fire hydrant;

E.On a crosswalk;

F.Within 20 feet of a crosswalk at an intersection;

G.Within 30 feet upon the approach of any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;

H.Between a safety zone and the adjacent curb or within 30 feet or points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;

I.Within 50 feet of the nearest rail of a railroad crossing;

J.Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);

K.Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

L.On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

M.Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

N.At any place where official signs prohibit stopping.

(2)No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

Sec. 38.32 - Additional Parking Regulations.

66-7-352

(1)Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within 13 inches of the right-hand curb .

(2)Local authorities nay by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way roadway.

(3)Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the San Ildefonso pueblo has determined by resolution or ordered entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(4)The San Ildefonso pueblo with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its m inutes, such stopping, standing or parking is dangerous to those using the highway or where stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs.

Sec. 38.33 - Unattended Motor Vehicle.

66-7-353

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping engine, locking the ignition, removing the key, and effectively setting the brake, or placing the transmission n parking position thereon and, whe n standing upon any grade, turning the front wheels in such manner that the vehicle will be held by the curb or will not leave the highway if the brake fails. A violation of this section shall not mitigate the offense of stealing a motor vehicle, nor sha ll the provisions of this section or any violation thereof be admissible as evidence in a civil action for the recovery of a stolen motor vehicle, or in any other civil action arising out of the theft of a motor vehicle.

Sec. 38.34 - Limitations on Backing.

66-7-354

The driver of any vehicle shall not back it:

(1)Unless the movement can be made with reasonable safety and without interfering with other traffic;

(2)Upon any shoulder or roadway of any controlled-access highway or upon the exit or entry road of any controlled-access highway.

Sec. 38.35 - Stopped Vehicles Not to Interfere with Other Traffic.

66-3-852

No motor vehicle shall be stopped, parked or left standing, whether attended or unattended, upon the traveled portion of any highway outside of a business or residence district, when it is practicable to stop, park or leave such vehicle off the traveled p ortion of the highway. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the highway, the driver shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear.

Sec. 38.36 - Emergency Signals: Disabled Vehicle.

66-3-853

Whenever any motor vehicle is disabled upon the traveled portion of any highway or the shoulder thereof, when lighted lamps are required except in cities, towns and villages where there is sufficient highway lighting to make it clearly discernible to pers ons and vehicles on the highway at a distance of 500 feet, the following requirements shall be observed:

(1)The driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the disabled vehicle, a lighted fuse and a lighted electric lantern or a red emergency reflector.

(2)Except as provided in paragraphs 3 and 4 of this section, as soon thereafter as possible, but in any event within the burning period of the fuse, the driver shall place three (3) liquid-burning flares (pot torches) on traveled portion of the highway in the following order:

A.One (1) at a distance of approximately 100 feet from the disabled vehicle in the center of the traffic lane occupied by such vehicle and toward traffic approaching in that lane;

B.One (1) at a distance of approximately 100 feet in the opposite direction from the disabled vehicle in the center of the traffic lane occupied by such vehicle; and

C.One (1) at the traffic side of the disabled vehicle, not less than 10 feet to the front or rear thereof. If a red electric lantern or red emergency reflector has been placed on the traffic side of the vehicle in accordance with paragraph (1) of this se ction, it may be sued for this purpose.

(3)If disablement of any motor vehicle shall occur within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the warning signal in that direction as to afford ample warning to the other users of the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle.

(4)If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or otherwise stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at suc h distance from any such liquid or gas as will assure the prevention of a fire or explosion.

Sec. 38.37 - Stopped or Parked Vehicles.

66-3-854

Whenever for any cause other than disablement or necessary traffic stops, any motor vehicle is stopped upon the traveled portion of any highway or shoulder thereof, during the time lights are required except within cities, towns, and villages where there is sufficient highway lighting to make clearly discernible person and vehicles on the highway at a distance of 500 fee, the following requirements shall be observed:

(1)The driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the vehicle, a lighted fuse and a lighted red electric lantern, or a red emergency reflector.

Sec. 38.38 - Red Flags: Stopped Vehicles.

66-3-857

During the time when lighted lamps are not required, whenever a motor vehicle is disabled, stopped or parked upon the traveled portion of any highway or shoulder thereof, except within the business or residence district of cities, towns and villages, the driver of such vehicle shall place red flags

as follows:

(1)One (1) at a distance of approximately 100 feet from the vehicle in the center of the traffic lane occupied by such vehicle toward traffic approaching that lane.

(2)One (1) at a distance of approximately 100 feet in the opposite direction from the vehicle in the center of the traffic lane occupied by such vehicle.

Sec. 38.39 - Loads on Vehicles.

66-7-407

(1)No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securi ng traction, or water or other substance may be sprinkled on roadway in cleaning or maintaining roadway.

(2)No person shall operate on any highway any vehicle or combination of vehicles with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from coming loose, detached, or in any manner a hazard to any users of the highway.

CHAPTER 39 EQUIPMENT REQUIREMENTS FOR SAFETY

Sec. 39.1 Scope and Effect of Regulations.

66-3-801

It is a violation for any person to drive or for the owner to permit to be driven on any highway any vehicle which is in such unsafe condition as to endanger any person.

Sec. 39.2 - When Lighted Lamps are Required.

66-3-802

Every vehicle upon a highway within this reservation at any time from a half hour after sunset to a half hour before sunrise and any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a dista nce of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.

Sec. 39.3 - Visibility Distance and Mounted

66-3-803

(1)Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Sec. 66-3- 802, in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(2)Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamps or device to the level ground upon which the vehicle stands when such vehicle is without a load.

Sec. 39.4 - Head Lamps on Motor Vehicles.

66-3-804

(1)Every motor vehicle other than a motorcycle or motor- driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the vehicle, which head lamps shall comply with the requirements and limitations se t forth in this Code.

(2)Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this article.

(3)Every head lamp upon every vehicle, including every motorcycle and motor driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty- four (54) inches nor less than twenty (20) inches to be measured as se t forth in See. 66-3-803.

Sec. 39.5 - Tail Lamps.

66-3-805

(1)Every motor vehicle, trailer, semi-trailer, and pole trailer, and every other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as hereinbefore req uired shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. And further, every such a bove-mentioned vehicle, other than a truck tractor, manufactured or assembled after July 1, 1953, shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted as herein required shall comply with the provisions of this Sectio n.

(2)Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches.

(3)Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with a ny separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

Sec. 39.6 -Stop Lamps and Turn Signals Required on Designated Vehicles.

66-3-807

(1)It shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one (1) stop lamp meeting the r equirements of Sec. 66-3-828.

(2)No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, semi-trailer or house trailer which was manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electric turn signals meetin g the requirements of Sec. 66-3-828.

This paragraph shall not apply to any motorcycle or motor- driven cycle.

Sec. 39.7 - Application of Succeeding Sections.

66-3-808

Sections 66-3-809, 66-3-810, 66-3-816, 66-3-822, and 66-3-823, shall apply in lieu of Sections 66-3-804 through 66-3-806, as to passenger buses, trucks, truck tractors, road tractors, and such trailers, semi-trailers, pole trailers, provided for therein, when operated upon any highway and said vehicles shall be equipped as required. All lamp equipment required shall be lighted at the times mentioned in Section 66-3-802.

Sec. 39.8 66-3-809

Every bus or truck less than 80 inches in overall width shall be equipped as follows:

(1)On the front, two (2) head lamps;

(2)On the rear, one (1) tail lamp; one (1) red or amber stop lamp; two (2) red reflectors, one (1) at each side.

Sec. 39.9 - Color of Clearance Lamps, Side Marker Lamps.

66-3-810

Every bus or truck 80 inches or more in width shall be equipped as follows:

(1)On the front, two (2) head lamps, two (2) amber clearance lamps; one (1) on each side.

(2)On the rear, one (1) red tail lamp one (1) red or amber stop lamp; two (2) red clearance lamps, one (1) at each side; two (2) red reflectors, one (1)at each side.

(3)All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shal l be white and the light emitted by a backup

lamp shall be white or amber.

(4)On each side, one (1) amber side marker lamps, located at or near the front; one (1) red side marker lamps, located at or near the rear; one (1) amber reflector, located at or near the front; one (1) red reflector, located at or near the rear.

Sec. 39.10 -Lamps and Reflectors--Truck Tractors and Road Tractors.

66-3-811

Every truck and road tractor shall be equipped as follows:

(1)On the front, two (2) head lamps; two (2) amber clearance lamps, one at each side.

(2)On the rear, one (1) red tail lamp; one (1) red or amber stop lamp.

Sec. 39.11 -Lamp and Reflectors Large Semitrailers, Full Trailers, House Trailers.

66-3-812

Every semitrailer, full trailer or house trailer 80 inches or more in overall width shall be equipped as follows:

(1)On the front, two (2) amber clearance lamps, one (1) at each side.

(2)On the rear, one (1) red tail lamp; one (1) at each side; two (2) red reflectors, one (1) at each side.

(3)On each side, one (1) amber side marker lamp, located at the rear; one (1) amber reflector, located at or near the front; one (1) red reflector, located at or near the rear.

(4)Side marker lamps combined with clearance lamps may use the same light source.

Sec. 39.12 -Lamps and Reflectors--Small Semitrailers, House Trailers and Trailers.

66-3-814

Every pole trailer shall be equipped as follows:

(1)On the rear, one (1) red tail lamp, two (2) red reflectors, one (1) at each side; placed to indicate extreme width of the pole trailer; .

(2)On each side, on the rearmost support for the load, one (1) combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate the maximum width of the pole trailer; one (1) red reflector located at or near the rear; a nd on pole trailers 30 feet or more in overall length, an amber marker lamp on each side near the center.

Sec. 39.13 -Mounting of Reflectors, Clearance Lamps and Side Marker Lamp

66-3-816

(1)Reflectors required by Section 66-3-809 and 66-3-810 shall be mounted upon the motor vehicle at a height of not less than 24 inches nor more than 60 inches above the ground on which the motor vehicle stands, except that reflectors shall be mounted as h igh as practicable on motor vehicles which are so constructed as to make compliance with the 24-inch requirements impractical. They shall be so installed as to perform their function adequately and reliably and except for temporary reflectors required for vehicles in drive-away/ tow-away operations, all reflectors shall be permanently and securely mounted in workmanlike manner so as to provide the maximum of stability, and the minimum likelihood of damage. Required reflectors otherwise properly mounted a ny be securely installed on flexible strapping or belting provided that under conditions of normal operation they reflect light in the required directions. Required temporary reflectors mounted on motor vehicles during the time they are in transit in any drive- away/tow@away operations must be firmly attached.

(2)Color. All reflectors on the rear and those nearest to the rear on the sides, except those referred to in paragraph (1) of this section, shall reflect a red color; all other reflectors, except those referred to in paragraph (1) of this section, shall reflect an amber color. Provided that this requirement shall not be construed to prohibit the use of motor vehicles in combination if such motor vehicles are severally equipped with reflectors.

Sec. 39.14 -Clearance Lamps to Indicate Extreme Width, Height and Length.

66-3-817

Clearance lamps shall, so far as is practicable, be mounted as to indicate the extreme width, height and length of the motor vehicle; except that clearance lamps on truck tractors shall be so located as to indicate the extreme width of the truck tractor c ab.

Sec. 39.15 - Side Marker Lamps Combined with Clearance Lamps.

66-3-818

Side marker lamps may be combined with clearance lamps and may use the same light source.

Sec. 39.16 - Combining Tail and Stop Lamps.

66-3-819

Except as required by Section 66-3-817, tail lamps may be incorporated in the same housing with stop lamps so long as the requirements for each are fulfilled.

Sec. 39.17 - Lighting Devices to be Electric.

66-3-820

Lighting devices shall be electric, except that red liquid burning lanterns may be used on the end of load in the nature of poles, pipes, and ladders projecting to the rear of the vehicle.

Sec. 39.18 Requirements for Bead Lamps and Auxiliary Road Lighting Lamps.

66-3-821

(1)Bead lamps and lamps or auxiliary road lighting lamps shall be mounted so that the beams are readily adjustable, both vertically and horizontally, and the mounting shall be such that the aim is not readily disturbed by ordinary conditions of service.

(2)Bead lamps and auxiliary road lamps required. Every bus, truck or truck tractor shall be equipped with two (2) single-beam head lamps supplemented by two (2) auxiliary single-beam head furnishing, respectively, an upper and lower distribution of light , also selectable at the driver's will.

(3)Bead Lamps: Aiming and intensity of. Head lamps shall be constructed and installed so as to comply with the provisions of Section 66-3-830 through 66-3-832.

Sec. 39.19 -Requirements for Clearance, Side Marker and Other Lamps.

66-3-822

(1)Clearance, side marker, and other lamps; mounting. Except for temporary side marker and clearance lamps on motor vehicles, as enumerated in Section 66-3-808, being transported in drive-away/tow-away operation, temporary electric lamps on projecting lo ads, and temporary marker lamps on pole trailers, all lamps shall be permanently and securely mounted in workmanlike manner on a permanent part of the motor vehicle. All clearance lamps and side marker lamps must be firmly attached.

(2)Clearance, Side Marker, Tail, and Projecting Load-Marker Lamps. Visibility, clearance, side marker, tail and projecting load marker lamps shall be so mounted as to be capable of being seen from a distance of at least 500 feet under clear atmospheric c onditions during the time lamps are required to be lighted. The light from front clearance lamps shall be visible to the front and that from side marker lamps to the side, that from rear clearance and tail lamps to the rear. This section shall not be co nstrued to apply to lamps which are obscured by another unit or combination of vehicles.

(3)Clearance, Side Marker, Tail, and Projecting Marker Lamps; Specifications. Clearance, side marker, tail and projecting load marker lamps shall be constructed and installed so as to provide an adequate and reliable warning signal.

Sec. 39.20 - Obstructed Lights Not Required.

66-3-823

Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combina tion shall be lighted.

Sec. 39.21 - Lamp or Flag on Projecting Load.

66-3-824

(1)Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in this Code, a red light or lantern plainly visib le from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

(2)If any part of a vehicle, or any load thereon, or any mechanical device, whether a temporary or permanent part of the vehicle, extends beyond the front bumpers thereof, the extreme front corners of such project shall be at the times specified in Sectio n 66-3-802 indicated by amber lights or lanterns visible from a distance of at least 500 feet to the sides and front.

Sec. 39.22 - Lamps on Parked Vehicles.

66-3-825

(1)Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.

(2)Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distan ce of 500 feet to the front of the vehicle and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

(3)Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

Sec. 39.23 - Lamps on Other Vehicles and Equipment.

66-3-826

(1)All vehicles, including animal-drawn vehicles, shall at the times specified in 66-3-802 hereof be equipped with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear.

(2)Every farm tractor not equipped with an electric lighting system shall at all times mentioned in Section 66-3-802 be equipped with lamps or lanterns meeting the requirements of paragraph (1) above. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 66-3-802 display a red tail lamp and either multiple-beam or single beam head lamps meeting the requirements of Sections 66-3-805, 66-3-830 and 66-a- 832 respectively.

All combinations of tractors and towed farm equipment shall, in addition to the lighting equipment required by paragraph (2) above, be equipped with a lamp or lamps displaying a white or amber light visible from a distance of 500 feet to the front and red light visible from a distance of 500 feet to the rear, and said lamp or lamps shall be installed or capable of being positioned so that visibility from the rear is not obstructed by the towed equipment and so as to indicate the further projection of said towed equipment on the side of the road, used by other vehicles in passing such combinations. And further, all such towed equipment shall be equipped either with two (2) tail lamps displaying a red light visible from a distance of 500 fee to the rear or two (2) red reflectors visible from a distance of 50 feet to 500 feet to the rear when illuminated by the upper beam of head lamp;, and the location of such lamps or reflectors shall be such as to indicate as nearly as practicable the extreme left and ri ght rear projections of said towed equipment on the highway.

Sec. 39.24 - Spot Lamps and Auxiliary Lamps.

66-3-827

(1)Spot Lamps. Any motor vehicle may be equipped with not to exceed two (2) spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the e xtreme left side of the vehicle nor more than 100 feet ahead of the vehicle. Provided, however that lighted spot lamps shall be turned off at least 500 feet from approaching motor vehicles.

(2)Fog Lamps. Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed when the vehicle is n ot loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lam ps meeting the above requirements may be used with lower head lamp beams as specified in Section 66-3-830.

(3)Auxiliary Passing Lamp. Any motor vehicle may be equipped with not to exceed one (1) auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The pr ovisions of this Code shall apply to any combination of head lamp and auxiliary passing lamps.

(4)Auxiliary Driving Lamp. Any motor vehicle may be equipped with not to exceed one (1) auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. Any li ghted auxiliary driving lamp shall be turned off at least 500 feet from approaching motor vehicles. The provisions of Section 66-3-830 shall apply to any combination of head lamps and auxiliary driving lamp.

Sec. 39.25 - Signal Lamp and Signal Devices.

66-3-828

(1)Any motor vehicle, trailer, semitrailer and house trailer may be equipped and when required under this Act shall be equipped with the following signal lamps and devices:

A.A stop lamp or stop lamps on the rear which shall emit a red, amber or yellow light and which shall be actuated upon application of the service brakes and which may but need not be incorporated with one or more other rear lamps.

B.A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.

(2)Every stop lamp shall be plainly visible and understandable from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lap or lamps shall at all times be maintained in good working c ondition. No stop lamp or signal lamp shall project a glaring or dazzling light.

(3)All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 66-3-802.

Sec. 39.26 - Multiple-Beam Road Lighting Equipment.

66-3-830

Except as hereinafter provided, the head lamps or auxiliary driving lamps, or the auxiliary passing lamp, or combinations thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged, that the driver may select at will betw een distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

(1)There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

(2)There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(3)Every new motor vehicle, other than a motorcycle or motor-driven cycle, which as multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is i n use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

Sec. 39.27 Use of Multiple-Beam Road Lighting Equipment

66-3-831

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 66- 3-831, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reve al persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (1) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light specified in Section 66-3-830 shall be dimmed to avoid glare at all times, regardless of road contour and loadin g.

(2)Whenever the driver of a vehicle overtakes another vehicle proceeding in the same direction and within 200 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected through the rear window of the overtaken vehicle.

Sec. 39.28 - Single-Beam Road Lighting Equipment.

66-3-832

Head lamps arranged to provide a single distribution of light shall be permitted on rotor vehicles manufactured and sold prior to July 1, 1953, in lieu of multiple-beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:

(1)The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of 25 feet ahead project higher than a level of 5 inches below the level of the center of the lamp from which it co mes, and in no case higher than 42 inches above the level on which the vehicle on which the vehicle stands at a distance of 75 feet ahead.

Sec. 39.29 - Lighting Equipment on Motor Driven Cycles.

The head lamp or head lamps upon every motor-driven cycles may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:

(1)Every said head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or vehicle at a distance of not less than 100 feet when the motor- driven cycle is operated at any speed less than 25 miles per hour, and at a distance of not less than 200 feet when the motor driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour.

(2)In the event the motor-driven cycle is equipped with a multiple beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Section 66-3-830 and the lowermost beam sh all meet the requirements applicable to a lowermost distribution of light as set forth in this Code.

(3)In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, said lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of 25 feet ahead, shall project higher tha n the level of the center of the lamp from which it comes.

Sec. 39.30 - Special Restrictions on Lamps.

66-3-835

(1)Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the h igh-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.

(2)No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which a red light vis ible from the front is expressly authorized or required by this Act.

(3)Flashing lights are prohibited except as provided in paragraph (1) hereof and except on authorized emergency vehicles, school buses, snow-rental equipment, highway marking equipment, and on any vehicle as a means of indicating a right or left turn.

Sec. 39.31 - Brakes: Brake Equipment Required.

66-3-840

(1)Every motor vehicle, other than motorcycle or motor- driven cycle, when operated upon a highway; shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brake s, each of which in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.

(2)From and after the effective date of this Act every bus, truck, truck tractor, road tractor, trailer, semi-trailer, and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces, except:

A.Trailers, semitrailers, and pole trailers of gross weight of not less than 3,000 pounds;

B.Any vehicle being towed in a drive-away/tow-away operation, provided the combination of vehicles is capable of complying with the performance requirements of Act.

C.Trucks, truck tractors, and road tractors having three or more axles need not have brakes on the front wheels;

D.Motorcycles, motor-driven cycles, and motor vehicles of the types named in this section hereinabove, heretofore manufactured prior to the effective date of this Act.

(3)Brakes on House Trailers.

A.From and after the effective date of this Act, every house trailer of a gross weight in excess of 3,000 pounds, registered in the state, shall be equipped with brakes on at least two (2) wheels in contact with road surfaces.

B.Every house trailer of a gross weight of 3,000 pounds of more, when operated upon a highway (roadway) shall be equipped with brakes adequate to control the movement of, and to stop and to hold such vehicle, and so designed as to be applied by the driver of the towing motor vehicle.

(4)Parking Brakes. Every bus, truck road tractor, or truck tractor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of such braked wheels, such vehicle or combination of vehicles to which such motor vehicle may be attached. The operating controls of such parking brakes shall be independent of the operating controls of the service brakes.

(5)In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, for any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking eff ort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.

(6)The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

(7)Performance Ability of Brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on dry, smooth, level road, the distance specified below, or shall be capabl e of being decelerated at a sustained rate corresponding to these distances:

Feet to stop fromDeceleration in

20 miles per hourfeet per second

Vehicles or combinations of vehicles

having brakes on all wheels3014

Vehicles or combinations of vehicles

not having brakes on all wheels4010.7

(8)Maintenance of Brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Sec. 39.32 - Horns and Warning Devices.

66-3-943

Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a highway.

Sec. 39.33 - Muffler, Prevention of Noises.

66-3-944

(1)Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a high way.

(2)The muffler, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes of smoke.

Sec. 39.34 - Mirrors.

66-3-845

Every Motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.

Sec. 39.35 -Windshields Must be Unobstructed and Equipped with Mirrors.

66-3-846

(1)No person shall drive a motor vehicle with any sign, poster, or other nontransparent material upon or in the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any interesting highway.

(2)The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(3)Every windshield wiper upon a motor vehicle shall be maintained in good working order.

Sec. 39.36 - Vehicles Without or in Unsafe Condition.

66-3-901

(1)No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof unless the equipment upon and every said vehicle is in good working order and adjustment as required in this Act and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.

(2)Before any used house trailer shall be registered for the first time in this state, application shall be made to the state police, or to such person or persons as may be designated by the Judge, for an inspection of such used house trailer, for complia nce with the provisions of Section 66-3-812, 66-3-813, and 66-3-840.

Sec. 39.37 - Safety Belts Required.

66-3-874

It is unlawful for any person to buy, sell, lease, trade or transfer at retail an automobile which is manufactured or assembled commencing with the 1964 models, unless the vehicle is equipped with safety belts installed for use in the left front and right front seats.

Sec. 39.38 - Safety Belts - Type and Manner of Installation.

66-3-875

All safety belts required in Section 66-3"874 shall be of type and shall be installed in a manner approved by the Division of Motor Vehicles. The Division shall establish specifications and requirements for approved types of safety belts and attachments thereto. The Division shall accept, as approved, all seat belt installations and the belts and anchors meeting the Society of Automotive Engineer's specifications.

Sec. 39.39 - Mandatory use of safety restraints

All occupants in a vehicle equipped with safety restraints shall wear/use such restraints.

CHAPTER 40 - Penalty Assessments and Procedures

Sec. 40.1

66-8-116

(1)As used in the Traffic Safety Code, "penalty assessment violation" means violation of any section of the Traffic safety code for which there is a monetary assessment by the commission for such violation.

(2)Penalty assessment for each violation in the Traffic Safety code may be set by the commission at an amount not lower than $30 or an amount not higher than $9,999.99 even if the past code indicates a different amount.

(3)No jail time may be imposed for traffic violations regardless of past code.

(4)if a violation occurs for which the commission has set an assessment over $499.99 the Police officers are authorized to impound the vehicle in which the violator was (within the exterior boundaries of the Pueblo) for surety. An auto taken as surety ma y be bonded out as allowed by the court.

Sec. 40.2 - Penalty Assessment Violation - Option -Effect.

66-8-117

(1)Unless a warning notice is given, at the time of making a stop for any penalty assessment violation the officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice con stitutes an acknowledgment of guilt of the violation stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.

(2)Payment of any penalty assessment must be made by mail to the Treasurer's Office, San Ildefonso Tribal Court, San Ildefonso Pueblo, New Mexico 87501, within five (5) days from the date of notice. Payments of penalty assessments are timely if postmarke d within five (5) days from the date of notice. The Treasurer's Office of the San Ildefonso Pueblo shall issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient rece ipt.

(3)No record of any penalty assessment payment is admissible as evidence in any court in any civil action.

Sec. 40.3 - Failure to Pay Penalty Assessment.

66-8-118

(1)If a penalty assessment is not paid within five (5) days firm the date of notice, the violator may be prosecuted in a civil action for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been iss ued. Upon conviction in such prosecution, the Court shall impose penalties as provided by this Code or other Rules and Regulations relating to motor vehicles for the particular violation charged, and the schedule of penalty assessments shall not apply.

(2)In addition to the prosecution provided for in sub-section (1), it is a violation for any person who has elected to pay a penalty assessment to fail to do so within five (5) days from the date of apprehension.

Sec. 40.4 - Violations by Persons Owning or Controlling Vehicle.

It is a violation for the owner, or any other person employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a highway in any manner contrary to this Code.

Sec. 40.5 - Immediate Appearance Before a judge.

Whenever any person is detained for any violation of the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation, he shall be immediately taken before an available Tribal Judge who has jurisdiction of the viola tion when:

(1)He request immediate appearance;

(2)Charged with driving while under the influence of intoxicating liquor or narcotic drug;

(3)Charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;

(4)Charged with reckless driving;

(5)The arresting officer has good cause to believe the person arrested has committed a felony; or

(6)Be refuses to give his written promise to appear in court or acknowledge receipt of a warning notice.

Sec. 40.6 -Conduct of Law Enforcement Officer--Notices by Citation.

(1)Unless a penalty assessment or warning notice is given, whenever a person is cited for any violation of the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation, the officer, using uniform traffic citatio n, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the violator sign the agreement to appear as specified, give a copy of the citation to the violator and release him from custo dy.

(2)Whenever a person is cited for violation of a penalty assessment violation and elects to pay the penalty assessment, the officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indic ating the amount of the penalty assessment, have the violator sign the agreement to pay the amount prescribed, give a copy of the citation, along with a business reply envelope addressed to the Treasurer's Office of San Ildefonso, San Ildefonso Pueblo, Rt . 5, Box 315-A, Santa Fe, New Mexico 87501, to the violator and release him from custody. No officer shall accept custody or payment of any penalty assessment notice. If the violator declines to accept a penalty assessment notice, the officer shall issu e a notice to appear.

(3)The officer may issue a warning notice but shall fill in the information section of the uniform traffic citation and give a copy to the violator after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice iss ued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license.

(4)In order to secure his release the violator must give his written promise to appear in court, or to pay the penalty assessment prescribed, or acknowledge receipt of a warning notice.

(5)Any officer violating this section is guilty of misconduct in office and is subject to removal.

Sec. 40.7 - Failure to Obey Notice to Appear.

(1)It is a violation for any person to violate his written promise to appear in court, given to an officer upon issuance of a uniform traffic citation, regardless of the disposition of the charge for which the citation was issued.

(2)A written promise to appear in court may be complied with by appearance of counsel.

Sec. 40.8 - Officer to be in Uniform.

No person shall be cited for violating the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation except by a peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official stat us.

Sec. 40.9 - Arrest Without Warrant.

(1)Members of the New Mexico State Police, Sheriffs, Tribal Police Officers if commissioned by the State of New Mexico, Bureau of Indian Affairs Police Officers, if in uniform, may arrest without warrant any person:

A.Present at the scene of a motor vehicle accident;

B.On a highway when charged with theft of a motor vehicle; or

C.Charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state.

(2)To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation, which may include information from eyewitnesses, to believe the person arrested has committed a crime.

(3)Law Enforcement Officer of the San Ildefonso Pueblo of Bureau of Indian Affairs, if in uniform, may arrest, if commissioned by the State of New Mexico, or detain for appropriate arresting officers, persons who commit the following crimes, except that I ndian persons may be arrested without State commission:

Sec. 40.10 - Homicide by Vehicle.

666-8-101

(1)it is a violation or this code to kill a human being with a motor vehicle.

(2)It is a violation of this code to kill any animal owned by another with a motor vehicle.

(3)It is a violation of this code to use a motor vehicle to cause damage to any person.

(4)It is a violation of this code to use a motor vehicle to cause damage to any animal owned by another.

(5)It is a violation of this code to use a motor vehicle to cause damage to the property of another.

(6)For violations for parts 3, 4, and 5, the violator shall pay for any proven damages including hospital/veterinarian bills, lost wages, lost of earning power, etc.

Sec. 40.11 - Persons Under Influence of Intoxicating Liquor or Drugs

66-8-102

(1)It is unlawful for any person who is under the influence of intoxicating liquor to drive or to be in actual physical control of any vehicle within the jurisdiction of the San Ildefonso Pueblo.

(2)It is unlawful for any person who is a habitual user of, or under the influence of, any narcotic drug, or who is under the influence of any drug to a degree which renders him incapable of safely driving a vehicle, to drive or to be in actual physical c ontrol of any vehicle within the jurisdiction of the San Ildefonso Pueblo. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state is not a defense against the charge;

(3)For every violation of this section, the violator shall Pay a Penalty assessment, After the first violation, the Tribal Court may revoke or suspend the violators license.

Sec. 40.12 - Reckless Driving.

66-8-113

(1)Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.

2)For every violation of this section, the violator shall Pay a penalty assessment.

(3)Upon conviction of violation of this section, the Tribal Court may suspend the license or permit to drive and any non- resident operating privilege for not to exceed ninety (90) days and notify the State Department of Motor Vehicles.

Sec. 40.13 - Parties to a Violation

(1)Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a violation, whether individually or in connection with one or more other persons or as a principal, agent or accessor y, shall be guilty of such violation and shall pay the penalty assessment of that violation.

(2)Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits, ox directs another to commit a violation shall be guilty of a violation and shall pay a penalty assessment.

Sec 40.14 - Open Containers

(1)It is violation for any person operating a motor vehicle to have open containers of alcohol within the vehicle in which they are driving. For every violation, the violator will pay a penalty assessment.

CHAPTER 41 MISCELLANEOUS PROVISIONS

Sec. 41.1 Animals on Highway.

66-7-363

(1)It shall be a violation for any person during the hours of darkness to ride a horse or other animal upon the traveled portion of any highway which is normally used by other vehicles.

(2)It shall be a violation for any person to permit livestock to wander or graze upon any fenced highway at any time, or during the hours of darkness to drive livestock along or upon any highway, which is normally used by motor vehicles.

Sec. 41.2 - Putting Glass, Etc., on Highway Prohibited.

66-7-364

(1)No person shall throw or deposit upon any highway any glass bottle, lass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such highway.

(2)Any person who drops, or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

(3)Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

Sec. 41.3 - Improper Opening of Doors.

66-7-367

It is a violation for any person to:

(1)Open a door of a vehicle on the side near moving traffic unless:

A.It is reasonably safe to do so; and

B.The door can be opened without interfering with the movement of traffic; or

(2)Leave a door of a Vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or to unload passengers.

Sec. 41.4 - Clinging to Vehicles.

66-3-704

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

Sec. 41.5 Careless Driving.

66-8-114

(1)Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.

(2)Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a violation.

Sec. 41.6 - Mandatory Use of Protective Helmets.

6&-7-356

(1)No person under the age of eighteen (18) years shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear. The Judge shall adopt rules and regulations establishing standards covering th e types of helmets and the specifications therefore and shall establish and maintain a list of approved helmets meeting the standards and specifications of the Judge. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle un less the lessee or renter shows such person a valid operator's license or permit and possesses the safety equipment required of the operator of such motorcycle. No person shall carry any passenger on any motorcycle, unless the passenger is wearing a secu rely fastened safety helmet, as specified above, meeting the standards specified by the Judge.

(2)Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.

(3)Any person violating the provisions of this section is guilty of a violation.


TITLE XIV - DEFINITIONS

CHAPTER 42 - WORDS AND PHRASES USED IN THIS CODE

Sec. 42.1 - Definitions.

The following words and phrases, when used in this Act, shall, for the purposes of this section, except in those instance where the context clearly indicates a different meaning:

(1)"Pueblo" - San Ildefonso Pueblo acting directly or through its duly authorized officers.

(2)"License" - any license, temporary instruction permit or temporary license issued under the laws of this Pueblo or any state or nation (including other indian tribes) pertaining to the licensing of persons to operate motor vehicles.

(3)"Vehicle" - every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(4)"Motor Vehicle" - every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailer designed for use with such vehicles (except traction engines, road rollers, farm tractors, tractors cranes, power shovels, and w ell drillers) and every vehicle which is propelled by electric power obtained from overhead wires but not opened upon rails.

(5)"Non-resident's operating privilege" - the privilege conferred upon a non-resident by the laws of any state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in San Ildefonso Pueblo Indian Reservation.

(6)"Non-resident" - every person who is not a Resident of San Ildefonso Pueblo.

(7)"Operator" - every person who is in actual physical control of a motor vehicle.

(8)"Owner" - a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreem ent and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such condition vendee or lessee or mortgagor shall be deemed the owner for the purpose of th is Act.

(9)"Person" - every natural person, firm copartnership, association or corporation.

(10)"Registration" - registration certificate or certificates and registration plates issued under the laws of this Pueblo or any state or nation (including other indian tribes) pertaining to the registration of motor vehicles.

(11)"Alcoholic liquor" - as used in this Act, "alcoholic liquor" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beve rage including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than onehalf of one percent alcohol, but excluding medicinal bitters.

Sec. 42.2 - Types of Vehicles Defined.

(1)Vehicle. Every device in, upon, or by which any person or property is drawn upon a public highway.

(2)Motor Vehicle. Every vehicle which is self-propelled.

(3)Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other agricultural implements.

(4)School bus. Any motor vehicle whether operating under the jurisdiction of the State Board of Education, Bureau of Indian Affairs, Pueblo of San Ildefonso or private school or parochial school interests which as a permanent or temporary seating arrange ment or capacity of ten or more persons which is used to transport children, students or teachers to and from schools or to and from any school activity.

(5)Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels on contact with the ground but excluding a tractor.

(6)Motor-driven cycle means motorcycle; and.

(7)Motor scooter means motorcycle.

Sec. 42.3 - Types of Persons Defined.

(1)Person. Every natural person, firm or co-partnership, association or corporation.

(2)Operator. Every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or woo is exercising control over or steering a vehicle being towed by a motor vehicle.

(3)Chauffeur. Every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when used for the transportation of persons or property f or compensation.

(4)Owner. A person who holds a legal title of a vehicle.

Sec. 42.4 - Street or Highway.

The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel.

Sec. 42.5 - Person--Pedestrian--Driver--Owner.

(1)Person. Every natural person, firm, co-partnership, association or corporation.

(2)Pedestrian. Any person afoot.

(3)Driver. Every person who drives or is in actual physical control of vehicle.

(4)Owner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Act.

Sec. 42.6 - Local Authorities,

Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state, and the San Ildefonso Pueblo Tribal Council.

Sec. 42.7 - Streets, Roads, Driveways and Highways.

(1)Street or highway. The entire width between the boundary lines of every way of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel.

(2)Private Road or driveway. Every way or place in private ownership and used for vehicular travel b, the owner and those having express or implied permission from the owner, but not other persons.

(3)Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder, In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any s uch roadway separately but not to all such roadways

collectively.

(4)Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

(5)Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

(6)Through highway. Every highway or portion thereof at the entrances to which vehicular traffic from intersection highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Act.

(7)Controlled-access highway; Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

(8)State highway. Any public highway which has been designated as a state highway either by the,legislature, the State Highway Commission or the Chief Highway Engineer.

Sec. 42.8 - Intersection.

(1)The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which ve hicles traveling upon different highways joining at any other angle may come in conflict.

(2)Where a highway includes two (2) roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.

Sec. 42.9 - Crosswalk.

(1)That part of a roadway at an intersection included within the connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadways.

(2)Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or markings on the surface.

Sec. 42.10 - Safety Zone.

The area of space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Sec. 42.11 - Stop -Stopping or Standing-Park.

(1)Stop. When required means complete cessation from movement.

(2)Stop, stopping or standing. When prohibited means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic- control s ign or signal.

(3)Park. When prohibited means the standing of a vehicle, whether occupied or not, otherwise then temporarily for the purpose of and while actually engaged in loading or unloading.


TITLE XV - LAND AND LIVESTOCK MANAGEMENT

CHAPTER 43 - LAND AND LIVESTOCK COMMISSION

Sec. 43.1 Appointment to be Made by Tribal Council.

There is hereby created a Land and Livestock Commission of three (3) members appointed by the Governor with the concurrence of the Tribal Council and shall hold office until removed.

Sec. 43.2 - Authority.

The Commission shall have authority to enforce the provisions of this Title and to issue appropriate rules and regulations, subject to approval of the Tribal Council, for the conservation and protection of the land of the Pueblo of San Ildefonso and for t he control and management of livestock on the Pueblo of San Ildefonso. The Land and Livestock Commission shall work in cooperation with the Livestock Inspector appointed by the State of New Mexico Livestock Board, who shall be commissioned also by the Pue blo of San Ildefonso. The Commission shall refer all disputes relating to land or livestock to the Tribal Court; however, any party or any dispute shall have a right of appeal of any decision of the Officer to the Pueblo of San Ildefonso Tribal Court in a civil action, or appeal any decision of the Tribal Court to the Tribal Council.

CHAPTER 44 - PERMIT REQUIRED - TRESPASSING

Sec. 44.1 - Tribal Permit Required.

Any person grazing livestock of any species on lands of the pueblo of San Ildefonso, whether assigned or unassigned, must have a permit from the Land and Livestock Commission. Failure to obtain such permit on order of the Commission shall constitute a vi olation and, upon conviction thereof, any person may be assessed a penalty, damages, or any other orders of the Commission or the Tribal Court.

Sec. 44.2 - Livestock Trespass.

Any person who allows their livestock of any species to trespass or stray on agricultural or residential lands of the pueblo of San Ildefonso shall be guilty of a violation and upon conviction thereof shall be assessed a penalty and any damages to propert y, and upon subsequent conviction of subsequent violations, shall be assessed a penalty plus costs, and may be ordered to pay damages to property and be subject to such other orders as the Tribal Court may direct.

CHAPTER 45 - BRANDING REQUIREMENTS

Sec. 45.1 - Necessity of Brand.

Every tribal member owning livestock shall have and use brand on each animal; such brand shall be recorded in the office of the New Mexico Livestock Board. Cattle shall be branded with a hot iron brand, sheep shall be branded with a paint brand. Any unb randed cattle, excepting calves with a branded mother, shall be subject to seizure by any tribal officer, or any livestock inspector and shall be handled and disposed of as an estray. Any person who violates provisions of this section shall be, upon conv iction, subject to a penalty assessment or any other orders of the Tribal Court.

Sec. 45.2 - Brands - Recording,-Evidence of Ownership.

No brands except such as are recorded under the provisions of this ordinance shall be recognized in law as evidence of ownership of the livestock upon which such brand may be used. It shall be the duty of all persons to brand newly acquired cattle with h is duly registered brand as soon as practicable, notwithstanding the possession of a bill of sale. Nothing herein, however, shall be construed as relieving the owner of his duty to retain possession of any bill of sale.

Sec. 45.3 - Brands - Property Subject to Sale, Assignment and Descent.

Any duly registered brand shall be considered to be the personal property of the person and shall be subject to sale, assignment, transfer, devise and descent.

Sec. 45.4 - More Than One Brand Unlawful - Exception - Penalty.

It shall be unlawful for any owner of livestock to use more than one brand, except that lawfully acquired livestock carrying the previous owner's registered brand need not be rebranded if a valid bill of sale accompanies such livestock.

The increase of such livestock shall be branded with the owner's registered brand, except if prohibited by a mortgage or other lien, Any person who violated provisions of this Section shall be, upon conviction, subject to a penalty assessment of not to ex ceed $300.00.

Sec. 45.5 - Brands of Minors - Responsibility of Parents or Guardians.

Minors under twenty-one (21) years of age, owning livestock separate from that of the parent or guardian may have a separate recorded brand, but the parent or guardian shall be responsible for the proper use of such brand by any such minor.

Sec. 45.6 - Bills of Sale - Necessity and Presumption-Definitions of Livestock.

(1)No person shall buy, receive, sell, dispose of or have in his possession any livestock unless the person selling or disposing of such livestock shall give, and the person buying or receiving such livestock shall take, a written bill of sale giving the number, kind, marks, and brand of each animal sold which meet the requirements set out in this Code.

(2)The possession of livestock, without having a written bill of sale meeting the requirements set out in this Code shall be prima facie evidence of illegal possession against any person charged with theft, unlawful possession, handling, driving or killin g any livestock.

(3)For the purposes of this ordinance, livestock is defined as cattle, horses, asses, sheep, goats, swine or the carcasses thereof.

Sec. 45.7 - Bills of Sale - Requirements.

(1)A duly executed bill of sale is instrument in writing by which the owner or his authorized agent transfers to the buyer the title to livestock described therein and guarantees to defend said title against all lawful claims. It shall fully describe in detail the livestock, and such description shall include marks, brands and all other identification.

(2)The seller shall sign his name to and write in the bill of sale his social security or driver's license number and post office address in the presence of two (2) witnesses who are legal residents of the Pueblo of San Ildefonso, or, in the event the tra nsfer occurs off the Pueblo, residents of the county where the transfer of the described animals takes place. The witnesses shall sign their names and indicate their post office addresses on the bill of sale. The bill of sale shall be executed the day o f the transaction.

(3)In lieu of the signatures of two (2) witnesses, the bill of sale any be acknowledged by a notary public or other officers authorized to take acknowledgements, or may be witnessed and certified by any livestock inspector.

(4)A registration certificate issued by a recognized pure- bred association, properly identifying the animal and properly acknowledged by the Secretary of the Association may be used as proof of ownership.

(5)An inspection certificate executed as a bill of sale and certified by a livestock inspector any be used as proof of ownership.

Sec. 45.8 - Bill of Sale of Livestock - Duty of Exhibit - Violation- Penalty

Any person who has purchased or received, or has in his possession any livestock either for himself or another, shall exhibit the bill of sale for the livestock at the reasonable request of any livestock inspector or other peace officer. Any person who f ails to produce a bill of sale as required in this Act or is unable to exhibit other written evidence of ownership or legal possession shall, upon conviction, be subject to a penalty assessment not to exceed $300.00 and such other orders of the Tribal Cou rt.

Sec. 45.9 - Importation of Animals - Permit Required - Penalty.

It shall be unlawful to bring any livestock into the jurisdiction of the Pueblo of San Ildefonso without having first obtained in writing a permit to do so from a livestock inspector. The permit shall state the requirements to be complied with. Any perso n who violates provisions of this Section shall be, upon conviction, subject to a penalty assessment of not more than $300.00 and may be required to remove the livestock from lands of the Pueblo.

Sec. 45.10 - Inspection of Brands and Earmarks of Exported Cattle.

It shall be the duty of the livestock inspectors to cause to be inspected the brands and earmarks upon the cattle shipped or driven out of the Pueblo of San Ildefonso, and to cause to be kept and preserved a true and correct record of the result of such i nspections, which record may be preserved in the State Sanitary Board, which record shall set forth the date of the inspection, the place where, and the person by whom made, the name and post office address of the owner, shipped claimant of the cattle so inspected, and names and post office addresses of all persons in charge of such cattle at the time of the inspection, the destination of such as well as a list of all brands and earmarks upon the cattle so inspected, and the number and classification of s uch cattle.

Sec. 45.11 - Duty to Hold Export Cattle for inspection.

It shall be the duty of every person shipping or driving any cattle out of the Pueblo of San Ildefonso to hold the same for inspection, as provided in this ordinance, and it shall be a violation for any person to ship, drive or in any manner remove beyond the boundaries of the Pueblo of San Ildefonso any herd or band of cattle until the same shall have been so inspected. Any person who violates the provisions of this Section shall be, upon conviction, subject to a penalty assessment of not to exceed $300 .00.

Sec. 45.12 - Inspection Required for Home Slaughter.

It shall be a violation to slaughter for home use any cattle without first obtaining a proper brand inspection from an authorized Pueblo or State brand inspector. Any person who violates the provisions of this Section shall be, upon conviction, subject t o a penalty assessment of not to exceed $300.00.

Sec. 45.13 - Offenses by Inspectors - Penalty.

Any livestock inspector, knowingly making any false certificate, or who shall knowingly swear falsely as to the truth of any report made by him, or who shall accept any bribe or compensation other than the recognized amount provided by law, or failure to perform any of the duties prescribed by law, shall be, upon conviction, subject to a penalty assessment of not to exceed $300.00, and any other orders of the Tribal Court, or both, with costs.

Sec. 45.14 - Unbranded Cattle - Estrays.

In any case of dispute over ownership of branded or unbranded cattle and the brand inspector or the Land and Livestock Commission is unable to determine ownership positively, such animal will be handled as an estray. It shall be sold and the proceeds tur ned over to the Pueblo.

Sec. 45.15 - Ownership - Possession.

If any duly authorized inspector shall find any livestock or carcasses in the possession of any person, branded or unbranded, and said person in charge or in possession of such livestock does not have a bill of sale or cannot furnish satisfactory proof of ownership or said inspector has good reason to believe said livestock or carcass was stolen, the inspector shall seize and take possession of same and retain possession until satisfactory evidence of ownership is produced or until such livestock or carca sses are disposed of as provided by this Code.

Sec. 45.16 - Officers May Stop Vehicles - Failure to Have Certificate - Arrest and Seizure.

Any livestock inspector or Pueblo law enforcement officer or Ranger Inspector shall be authorized to stop any vehicle transporting livestock or the carcasses thereof, and demand from the person or persons operating said vehicle to show the certificate of brand inspection or other proof of ownership; and should any person or persons transporting said livestock or the carcasses thereof be unable to exhibit to such inspector or officer said certificate, said inspector or officer is authorized and empowered t o arrest, without warrant, any person, or persons operating said vehicle and take possessions of same any of the livestock or carcasses therein, and shall retain such possession until the person or persons operating such vehicle can produce satisfactory e vidence that he or they, or the person or persons, firm or corporation for whom the same is being transported, is the lawful owner thereof, or until such livestock or carcasses are disposed of as hereinafter provided.

Sec. 45.17 - Sale of Carcasses to Prevent loss by Spoiling.

If said inspector or other officer shall deem it necessary to take, the prevent the loss of same by spoilage, they are empowered and authorized to do so, retaining the sale price thereof in their possession to be disposed of as hereinafter provided.

Sec. 45.18 - Return to Owner - Sale of Livestock or Carcasses - Disposition of Proceeds.

If, within a period of ten (10) days, the ownership or said livestock or said carcasses is shown and established, said livestock or carcasses, or the proceeds from the sale thereof shall be delivered to said owner. If, however, within said period the own ership of said livestock or carcasses is not shown or established, then in the event the monies derived from the sale of said livestock or carcasses shall be paid to the Pueblo.

Sec. 45.19 - Definition of Carcasses.

Whenever the work "carcass" is used, it means one or more carcasses or parts thereof, not less than one-quarter of a carcass.

Sec. 45.20 - Failure to Close Gate - Penalty.

Any person breaking, cutting, or damaging any range land fence shall be, upon conviction, subject to a penalty assessment of not to exceed $50.00. Additionally, the person who shall violate this section shall be obliged to indemnify the owner of any fence , valued according to the gravity of the violation, or to replace the fence.

Sec. 45.21 - Earmarks - Recording.

Any stock grower any adopt and use an earmark and such mark will be used in evidence along with evidence in connection with the owner's recorded brand. In no case shall the person so marking the animal cut off more than one-half of the ear so marked; nei ther shall anyone mark by cutting both sides to a point.

Sec. 45.22 - Unlawful Branding.

Unlawful branding consists of either:

(1)Branding or marking any animal which is the property of another with any brand or mark not the brand or mark of the owner of the animal;

(2)Altering any brand or mark upon any animal which is the property of another;

(3)Using any brand unless such brand shall be duly recorded in the office of the New Mexico Livestock Board, and the person holds a certificate from the board certifying to the fact of such record. Any person who violates the provisions of this section s hall be, upon conviction, subject to a penalty assessment of not more than $500.00, or such other orders of the Tribal Court, or both with costs, and may be required to make restitutions.

Sec. 45.23 - Violations in Disposition of Animals.

Violations in disposition of animals consist of:

(1)Skinning or removing without permission of the owner any part of the hide of any cattle found dead;

(2)Taking any livestock for use of work without the consent of the owner;

(3)Removing any animal, the property of another from its usual range without the consent of the owner;

(4)Contracting, selling, or otherwise disposing of any animal without the consent of the owner;

(5)Knowingly buying, taking, or receiving any animal without the consent of the owner. Any person who violates the provisions of the section shall be, upon conviction, subject to a penalty assessment of not to exceed $300.00, or such other orders of the Tribal Court, with costs, and may be required to make restitution.

Sec. 45.24 - Illegal Confinement of Animals.

Illegal confinement of animals consists of:

(1)Taking and retaining any bull for the purpose of improving livestock without the consent of the owner;

(2)Intentionally separating offspring of livestock from the mother without the consent of the owner. Provided, that when milk cows, which are actually used to furnish milk for household or dairy purposes, have calves that are unbranded, such young animal s may be separated from their mother and enclosed; or

(3)Confining, or in any manner interfering with the freedom of, or selling or offering to sell, any freshly branded animal, unless such brand for which the person has a legally executed bill of sale from the owner of such brand or unless such animals are with their mother, or unless such animals are the calves of milk cows when such cows are actually used to furnish mild for household purposes or for carrying on a dairy, but in every such case the person, firm, or corporation, separating calves from their mother for either of these purposes shall, upon the demand of any Ranger or law Enforcement Officer produce, in a reasonable time, the mother of each of such calves so that interested parties may ascertain if the cow does or does not claim and suckly suc h calf. Any person who violated the provision of this section shall be, upon conviction, subject to a penalty assessment of not to exceed $500.00, or such orders of the Tribal Court, or both, with costs, and may be required to make restitution.

Sec. 45.25 - Definition.

As used herein, the following definition shall apply:

(1)Estray. Any bovine animal, horse, mule or ass, found running at large upon public or private land, either fenced or unfenced, in the Pueblo of San Ildefonso, whose owner is unknown in the range section where found, or which shall be fifty (50) miles or more from the limits of its usual range or pasture, as that is branded with a brand which is not on record in the office of the Cattle Sanitary Board of New Mexico, shall be known as an "estray".

CHAPTER 46 - MISCELLANEOUS PROVISIONS

Sec. 46.1 - Criminal Trespass - Lands.

Any person who shall enter or remain upon any lands or pick or dig up, with intent to keep, any materials from lands, including waters, as to which notice against trespass is given by actual communication to such person or by posting in a manner reasonabl y likely to come to the attention of intruders or closed areas of the Pueblo defined by the Council or by fencing or other enclosure manifestly signed to exclude intruders, shall be guilty of a violation and upon conviction, may be subject to a penalty as sessment of $300.00 or such other orders of the Court, with costs, and may be required to make restitution.

Sec. 46.2 - Cutting Fence.

Any person who shall willfully cut the wire or remove any materials of a fence belonging to another person or the Pueblo shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $100.00, or such other orders of the Court, or both, with costs, and may be required to make proper restitution by order of the Court.

Sec. 46.3 - Cutting Timber Without a Permit.

Any person who, without first securing a permit from the Council, cuts any standing green timber, including Christmas trees or firewood on Pueblo land or on any other land without permission of the owners, shall be guilty of a violation and, upon convicti on thereof, shall be subject to pay a penalty assessment of not to exceed $300.00, or such other orders of the Court, or both, with costs, and may be required to make proper restitution by the Court.

Sec. 46.4 - Cruelty to Animals.

Any person who shall torture, mistreat, mutilate, override, overdrive or overload or deprive of food or drink or abandon any animal which he owns or which is in his custody or cause or procure the same, shall be guilty of a violation and, upon conviction thereof, may be subject to a penalty assessment of not to exceed $100.00, or such other orders of the Court, or both, with costs, and any such animal may be confiscated by the Court.

Sec. 46.5 -Failure to Pay Stumpage.

Any person who shall, without lawful excuse, neglect or refuse to pay the required stumpage on any timber cut upon the lands of the Pueblo of San Ildefonso shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to pay a penal ty assessment of not to exceed $150.00, with costs. The Court shall order the stumpage to be paid in the manner and amount determined by the Court.

Sec. 46.6 - Firing Timber.

Any person who shall willfully, without first obtaining a permit to do so or through neglect set on fire any timber, woods, meadow, marsh, field or prairie shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty asse ssment of not to exceed $500.00, with costs, and any be required by the Court to make proper restitution in an amount determined by the Court, including parents of minor children who violate this section.

Sec. 46.7 - Grazing Violations.

Any person who shall graze livestock on the lands of the Pueblo of San Ildefonso without first having obtained a livestock grazing permit duly issued by the Land and Livestock Commission shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $300.00, with costs, and may be assessed such other damages as the Court may find due and proper, and subject to such other orders of the Court.

Sec. 46.8 - Horses on Open Range - Penalty.

Any horses, whether or not claimed by any person, which are allowed to run at large on the range lands of the Pueblo of San Ildefonso without a permit shall be deemed in trespass and shall be impounded for a period of ten (10) days. If no claimant appear s to claim the horse and pay for the costs of rounding up and impoundment at the end of the ten (10) days period, the animal may be sold by the Tribal Court at public sale and the proceed deposited to the Pueblo of San Ildefonso.

Sec. 46.9 - Injury or Death of Livestock.

Any person who injures, maims or causes the death of any livestock on the Pueblo of San Ildefonso must report such incident to the Land and Livestock Commission or Court and make appropriate settlement or restitution but where the injury, maiming or death of any livestock is willfully and knowingly caused, this action shall be subject to a penalty assessment of $500.00 or such other orders of the Court, or both, with costs, and make restitution to the owner. Parents or custodians of minors under eighteen (18) years of age are responsible for restitution for those minors found to be in violation of this section.

Sec. 46.10 - Neglecting Dogs.

Any person who shall allow a dog, owned by such person or in his lawful custody, to roam at large or wander through populated areas, shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $ 25.00 with costs, provided that such dogs not claimed by anyone within 24 hours may be disposed of by order of the Court.

Sec. 46.11 - Reciprocal Agreement.

The Land and Livestock Commission may enter into reciprocal agreements with the State of New Mexico, or any other state, subject to concurrence of the Council of the Pueblo of San Ildefonso, to prevent the theft, misappropriation or loss of identification of livestock of any species. The Commission may declare any livestock which is shipped or moved into the Pueblo of San Ildefonso from such states' estrays if such livestock is not accompanied by the proper official brand certificate or other such certif icates required by the law of the state of origin of such livestock. The Commission may bold such livestock subject to all costs of holding or sell such livestock and send the funds, after deduction of the costs of such sale, to the proper authority in t he state of origin of such livestock.

Sec. 46.12 - Registration of Dogs.

Any person who shall fail to have their dogs receive a rabies shot or to register and pay a registration fee as determined by the Council for each calendar year for any dog owned by him or in his possession, not to exceed two (2), shall be deemed guilty o f a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of $25.00, with costs. No dog will be registered unless there is produced valid certificate of vaccination and, upon registration, all dogs shall be required to wear a registration tag. Dogs may be registered at the offices of the Governor or at any other station designated by the Governor. Any dog not so registered or wearing a tag attached to a collar found running at large may be picked up by the Law Enforcement Officer and disposition made thereof pursuant to the order of the Court.

Sec. 46.13 - Removal of Landmarks, Navigation Markers, Etc.

Any person who shall willfully remove, alter or destroy any boundary marker, monument, read sign, navigation marker or other water landmark or any official sign of whatever nature erected by the Tribe, State or the United States Government or any ceremoni al artifacts or materials of any kind within the jurisdiction of the Pueblo of San Ildefonso shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $100.00 or such other orders of the Cou rt, or both, with costs.

Sec. 46.14 - Resale or Removal of Cost Purchased Material.

Any person who purchases material from the Pueblo of San Ildefonso where the right to resale is limited, and resells or removes the material from the Pueblo without permission of the Council, shall be deemed guilty of a violation and, upon conviction ther eof, shall be subject to pay a penalty assessment of not to exceed $500.00 or to such other orders of the Court, or both, with costs, and may be required to make appropriate restitution.

Sec. 46.15 - Stallions to be Confined.

All stallions shall be confined at all times in an enclosed pasture, barn, corral or other enclosure and any stallion which is allowed to run at large will be rounded up and neutered and then shall be impounded for a period of ten (10) days. If no claima nt appears to claim the horse and pay for the costs of rounding up and impoundment at the end of the ten (10) day period, the animal may be sold by the Court at public sale and the proceeds deposited to the credit of the Pueblo of San Ildefonso.

Sec. 46.16 -Unauthorized Hay Cutting or Use of Agricultural Land.

Any person who cuts hay from or otherwise uses any Pueblo land not assigned to him or used such land without the proper permit of the Land and Livestock Commission shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $100,00, with costs. The Court may order, in addition to the penalties imposed, that payment be made for the use of the land to the Pueblo and the Court may order that the hay or products, if any, be sold and the pr oceeds of the value thereof less any costs of harvesting and selling, be deposited to the credit of the Pueblo of San Ildefonso.

Sec. 46.17 - Unauthorized Leasing of Assigned Land.

Any person who leases or rents to another all or any part of land assigned to him by the Land and Livestock Commission, in violation of his assignment and without permission of the Commission, shall be deemed guilty of a violation and, upon conviction the reof, shall be subject to pay a penalty assessment not to exceed $60.00, with costs, and may be required to pay all or any part of the income received to the Pueblo, and shall be subject to such other orders of the Court.

CHAPTER 47 FISH AND GAME COMMISSION

Sec. 47.1 Appointment to be Made by Council.

There is created a Fish and Game Commission on which shall consist of three members appointed by the Governor with the concurrence of the Council and shall hold office until removed.

Sec. 47.2 - Authority.

The Commission shall have authority to enforce the provisions of this Title and to issue appropriate rules and regulations for the conservation and protection of fish and game and other wildlife on the Pueblo of San Ildefonso.

Sec. 47.3 - Violations.

Violators of the rules and regulations of the Commission and any provision of this Title shall be penalized as provided in this Code, Tribal Administrative Procedures. The privilege of the violator to hunt, fish or trap on the Pueblo of San Ildefonso nay be suspended by the Court for such period as may be ordered. In addition, removal and exclusion procedures any be initiated, if warranted.

Law Enforcement Officers and Game Wardens, in addition to their other duties may:

(1)Inspect all fish and wildlife taken or transported and seize all wildlife, fish and game taken or possessed in violation of this Title, together with all equipment used to take the wildlife, fish and game.

(2)Search without warrant any vehicle, boat, box, building, hunting, or fishing camp, game bag or other package, where there is reasonable cause to believe that fish, game, wildlife, or parts thereof, are possessed in violation of Pueblo law, provided tha t a dwelling permanently occupied shall not be entered or searched without a search warrant.

Sec. 47.4 - Forfeiture of Collateral.

In the event of a violation of this Title or any rules and regulations of the Fish and Game Commission, the officer may take the offender to the Tribal Judge, who shall be authorized to collect collateral from the offender in a reasonable amount, not to e xceed $500.00, and the Judge shall set a date for a hearing on the charge. The offender may elect to forfeit the collateral by not appearing at the hearing.

Sec. 47.5 - Disposition of Confiscated Items.

Confiscated fish, game or other edible wildlife may be donated to any program of the Pueblo of San Ildefonso which can make good use of the items. The Tribal Court any authorize the sale of any confiscated items as prescribed by this Code, and all procee ds therefrom shall be deposited in the general funds of the Pueblo.

CHAPTER 48 - FISHING

Sec. 48.1 Members of the Pueblo of San Ildefonso.

Enrolled members of the Pueblo of San Ildefonso may fish within the jurisdiction of the Pueblo of San Ildefonso for personal consumption Provided they are not in violation of this Title or any rules and regulations of the Fish and Game Commission.

Sec. 48.2 - Non Member of the Pueblo of San Ildefonso.

Non-members may fish within the jurisdiction of the Pueblo of San Ildefonso provided they are in possession of a current tribal permit issued by the Fish and Game Commission. Such permit shall be automatically revoked in the event the permittee violates this Title or any rules and regulations of the Fish and Game Commission.

CHAPTER 49 - HUNTING AND TRAPPING

Sec. 49.1 - Members of the Pueblo of San Ildefonso.

Enrolled members of the Pueblo of San Ildefonso may hunt on the Pueblo of San Ildefonso provided they are in possession of a valid license issued by the Fish and Game Commission. Enrolled members of the Pueblo of San Ildefonso may operate trap lines on t he Pueblo of San Ildefonso provided they are in possession of a valid license issued by the Fish and Game Commission.

Sec. 49.2 - Non-Members of the Pueblo of San Ildefonso.

Non-members of the Pueblo of San Ildefonso may not hunt nor possess firearms within the jurisdiction of the Pueblo of San Ildefonso unless licensed to do so by the Governor. Non-members of the Pueblo of San Ildefonso may not operate trap lines on the Pue blo of San Ildefonso except by special permission of the Fish and Game Commission under special conditions of the permit.

Sec. 49.3 - Seasons, Bag Limits, Etc.

The Fish and Game Commission shall, from time to time, determine fishing, hunting and trapping seasons, bag limits, areas and species and any other conditions relating thereto.

Sec. 49.4 - Sale of Wild Game Prohibited.

Wild game is not a commercial commodity and sale of game meat is prohibited. Game meat should not be left to spoil but should be shared with other members of the Pueblo by notifying them of the place of its availability.

Sec. 49.5 - Trap Lines.

Trap lines must be run or inspected regularly to insure there is no spoilage or game and/or pelts.

Sec. 49.6 - Tagged Birds or_Animals.

Each hunter shall report all tagged birds and animals to the Fish and Game Commission, which will transmit the information to the proper agencies.

Sec. 49.7 - Reporting of Bird and Animals Taken.

All wild game birds or animals killed or trapped must be reported to the Fish and Game Commission for the information of the Commission for the protection and conservation of fish and game on the pueblo of San Ildefonso.

Sec. 49.8 - Manner of Hunting Prohibited,

No person shall shoot at, kill or pursue any game animal from an automobile, truck or other self-propelled vehicle or shoot at or kill any game animals with the aid of any light or lights attached to such vehicle or by means of any other artificial light.

CHAPTER 50 - CAMPING, HIKING AND PICNICKING

Sec. 50.1 - Disposition of Litter.

No person while camping, hiking or picnicking on the Pueblo of San Ildefonso shall dump trash or leave litter except in proper receptacles.

Sec. 50.2 - Control of Fires.

No person while camping, hiking or picnicking on the Pueblo of San Ildefonso shall leave fire while any sparks remain or shall throw burning matches or any burning material on the ground nor shall any fires be set in areas on the Pueblo of San Ildefonso o r at times designated by the Pueblo

of San Ildefonso.

CHAPTER 51 NOTICE TO PUBLIC

Sec. 51.1 -Notice of this Title and Rules and regulations of the Fish and Game Commission.

Every person engaged in hunting, fishing or trapping, or any other activity covered by this Title, shall be deemed to have knowledge of this Title and any implementing rules and regulations adopted by the Pueblo of San Ildefonso Fish and Game Commission. All rules and regulations adopted by the Commission shall be printed, posted within the Pueblo of San Ildefonso and copies delivered to State and local officials, local newspapers and to persons who are required to apply for permits from the Fish and Game Commission to engage in such pursuits on the Pueblo of San Ildefonso.

CHAPTER 52 - VIOLATIONS OF THIS TITLE

Sec. 52.1 -Violations of this Title or any Rules and Regulations Promulgated by the Fish and Game Commission.

The procedures for violation of this Title or any approved Rules and Regulations promulgated by the Fish and Game Commission are set forth in this Code, Tribal Administrative Procedures. Unless otherwise provided in this Title, violators of the provisions hereof, upon conviction, may be subject to a penalty assessment by the Court of not to exceed $250.00, or such other orders of the Court, or both, with costs, and may be subject to the removal and exclusion provisions of this Code.


TITLE XVII - ZONING AND PLANNING

CHAPTER 53 - RESIDENCY REQUIREMENTS.

Sec. 53.1 -Approval Required for Use of Property by Non-Residents.

All members of the Pueblo of San Ildefonso shall first obtain approval from the Governor and Tribal Council before renting, leasing or lending buildings, houses, or land, under their ownership or control, to non-members of the Pueblo for temporary or perm anent use within the jurisdiction of the Pueblo.

Sec. 53.2 -Approval required for Residence by Non-Member Spouses.

All nonmembers that plan to reside in the Pueblo or on Pueblo land with their member spouse or any other non-member must first report to the Governor and Tribal Council before taking up residence, and sign an agreement that they will respect and will abid e by the laws, customs, rules and regulations of the Pueblo Council or any of its agencies or commissions.

CHAPTER 54 - BUILDING PERMITS

Sec. 54.1 - Purpose.

The Governor and Council are interested in the orderly development of the Pueblo and it is recognized that there are certain types of construction that may be detrimental to the health, safety, and general welfare of the Pueblo residents and their propert y, depending on the fact of each particular case.

Sec. 54.2 - Building Permits Required.

(1)Prior to the commencement of any construction having a value of over $100.00, a plan will be submitted to the Governor and Tribal Council. If the Governor and Council approve the plan, a building permit will be issued by the Governor and Council to th e applicant, with any conditions or requirements deemed proper, which will be valid for a period of one year.

(2)Any building permit issued under this Section must state, among other conditions, the following:

A.Name and address of party requesting the permit.

B.Location of construction; that is section, township, range and any subdivision thereof, or other appropriate description.

C.Type of construction--residential, agricultural, commercial or industrial or public.

D.The approximate cost of construction.

E.Statement that the construction will not be detrimental to the public peace, health, safety and general welfare of the public.

F.That the party requesting the permit will sign the permit thereby agreeing to perform the construction as required by the permit to maintain warning signs and lights at the site of construction, to remove all rubbish from public roadways and not to bloc k such roadways except with approval of the Governor and Council, and leave construction site in a clean and sightly manner as may be required.

CHAPTER 55 MISCELLANEOUS PROVISIONS

Sec. 55.1 Criminal Trespass - Buildings.

Any person who without permission of the owner shall enter or intentionally remain in any building or separately secured or occupied portion thereof, knowing that he is not licensed or privileged to do so whether by day or night, shall be guilty of a viol ation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $300.00 with costs, or to such other orders of the Court, and may be ordered by the Court to make restitution for any damage caused by the act of trespass.

Sec. 55.2 - Defacing Official Signs.

Any person who shall, without proper authorization, pull down or deface any sign of any nature of the Pueblo, State or Federal Government or any advertisement authorized by law, shall be guilty of a violation and, upon conviction thereof, may be subject t o pay a penalty assessment of not to exceed $50.00 with costs, or to such other orders of the Court, and may be required to make restitution for the damages done.

Sec. 55.3 - Desecration of Religious Sites.

Any person who shall desecrate by any act, including removal of artifacts or any other material firm burial grounds or other religious and sacred or traditional areas of the Pueblo of San Ildefonso, shall be guilty of a violation and, upon conviction ther eof, shall be subject to pay a penalty assessment of not to exceed $500.00, with costs, or such other orders of the Court, and may be required to make appropriate restitution in the discretion of the Court, or may be excluded from the San Ildefonso Reserv ation under provisions of this Code.

Sec. 55.4 - Injury to Public Property.

Any person who by any means whatever shall willfully or mischievously injure, destroy or deface any building or other property of the Pueblo, State or the United States Government or any other public property or deface or write upon any walls or shall inj ure the grounds appurtenant thereto or the trees, fences, soil or pavement thereof, shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not more than $200.00, with costs, or to such other orders of the Court, and may be required to make proper restitution, including parents of minor children who violate this Section.

Sec. 55.5 - Littering.

Any person who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo, including waterways, roadways, public roads, campgrounds or other public places, except in public waste disposal grounds d esignated by the Council shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $100.00, with costs, or to such other orders of the Court, and may be required to clean up the litter.

Sec. 55.6 - Maintaining a Public Nuisance

Any person who shall act in such manner or permit his property to fall into such condition as to injure the property of other persons or the Pueblo or to place another person in fear of his safety, health or comfort, shall be guilty of a violation and, up on conviction thereof, nay be subject to pay a penalty assessment of not to exceed $200.00 with costs, or to such other orders of the Court, and may be required to remove or correct such nuisance when ordered by the Court, or shall be removed or corrected by the Pueblo if the person so convicted is sixty (60) years of age or older.

ADDENDUM

SECTION - 55.5 Littering And Illegal Dumping.

Any person(s) who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo of San Ildefonso, including waterways, roadways, public roads, campgrounds or other public places, except in public wast e disposal grounds designated by the San Ildefonso Tribal Council shall be guilty of a violation and, upon conviction thereof, may by subject to pay penalty assessment of a minimum of $500.00 and a maximum of $1,000.00, with costs, or to such other orders of the Court, and may be required to clean up the litter.


TITLE XVIII - CONSUMER CIVIL RIGHTS AND WELFARE PROTECTIONS

CHAPTER 56 - CONSUMER PROTECTION

Sec. 56.1 - Consumers Protected by State Laws of New Mexico.

All members of the Pueblo of San Ildefonso, and residents thereof, are protected by the following Consumer Protection Statutes of the State of New Mexico in commercial transaction, with dealers licensed by the State of New Mexico, and should avail themsel ves of their benefits and remedies, when applicable.

(1)UNFAIR TRADE PRACTICES ACT, 49-15-1, N.M.S.A. 1953, et seq. This Act makes it unlawful for any business or person to make false or misleading statements in connection with the sale, lease, or rental of goods or services. Violations include chain refe rral sales, resetting odometers, failing to reveal chassis repair, regrooving tires, and representing used goods as being new.

Individuals may sue under the Act and obtain injunctions and court costs. Violations may also be reported to the Attorney General who has subpoena power to investigate the violation and the power to seek an injunction and to seek a civil penalty of $5,00 0.00 for each willful violation. The 1977 Legislature may give individuals the right to sue for damages under the Act.

(2)FALSE ADVERTISING ACT, 49-12-1, N.M.S.A. 1953, as amended. This Act makes it unlawful for anyone to engage in false or misleading advertising or labelling. Enforcement power lies with the Attorney General who can seek an injunction or civil penalty o f $500.00 for willful violations. The Attorney General has subpoena power to investigate violations of this Act. Individuals any, with the authorization of the Attorney General, seek injunction against false advertising.

Common violations include misrepresenting the price of goods, advertising bargain goods that are not available, and showing samples of more expensive models than the ones on sale at the advertised price.

(3)INDIAN ARTS AND CRAFTS SALES ACT, 40-21-24 and 40-21-25, 1 N.M.S.A. 1953, et seq. This Act makes it unlawful to sell or trade jewelry or arts and crafts without so labelling them as "Indian Imitation" or to sell imitation turquoise without revealing i t is not natural or stabilized turquoise.

Violations of the Act are petty misdemeanors punished by fines of $100.00 or imprisonment of thirty (30) to ninety (90) days, or both. The Attorney General has the duty of enforcing the Act.

(4)MANUFACTURERS, DISTRIBUTORS AND DEALERS BUSINESS PRACTICES ACT, 64-37-1 N.M.S.A. 1953, as amended. This Act makes it unlawful for an automobile dealer to falsely advertise, to require the purchase of optional accessories, to fail to perform its warran ty obligations, to represent a used car as new, or to knowingly sell a stolen vehicle.

Willful violations of the Act is a petty misdemeanor punishable by a fine of $100.00 or $500.00 or imprisonment of up to six (6) months in jail. An individual any also sue for an injunction any damages he has incurred where a violation of the Act has occ urred. The Court is required to award the consumer his damages, attorney's fees and Court costs if he prevails. The Court may also, in its discretion, award punitive damages of three times the amount of the actual damages awarded.

(5)RETAIL INSTALLMENT SALES ACT, 50-16-1 N.M.S.A. 1953, et seq. This Act required that numerous disclosures about the cost and terms of credit and customers' rights be printed an all installment contracts for the sale of goods. The Act prohibits delinqu ency charges in excess of $5.00 per default. The Act prohibits contract provisions which require or allow: confessions of judgment, assignments of wages, repossession by illegal means, or waiver of all defenses.

Willful and intentional violation of the Act is a misdemeanor. Any merchant that violates that Act loses its right to collect any interests, fees or delinquency charges on the installment contract. The merchant can only recover the balance of the principa l.

The Attorney General may obtain injunctions against continuing violations of the Act, and he is responsible for its enforcement.

(6)MOTOR VEHICLE SALES FINANCE ACT, 50-15-1 N.M.S.A. 1953, et seq. This Act regulates banks, dealerships and finance companies that finance the sale of motor vehicles. It provides that any credit institution financing the sale of a motor vehicle may hav e its license suspended, be charged with a misdemeanor or be barred in court from collecting all finance and delinquency charges for violations of this Act. The State Banking Commissioner is responsible for its enforcement and his office has investigativ e subpoena powers.

Violations of the Act include charging excessive interest, failing to reveal all required credit terms, failing to give the buyer a copy of the contract and insurance policy, refusing to tell a buyer how much he has paid and still owes, or having a buyer sign the contract in blank. For free information about possible violations, call the State Banking Commissioner.

(7)NEW MEXICO SMALL LOAN ACT, 48-17-30 N.M.S.A. 1953, as amended. This Act regulates all loans of $2,500.00 or less, whether made by finance companies, banks or credit unions. The Act requires lenders to reveal the following information to the borrower about all loans. The repayment schedule, the type of collateral used as security, the annual percentage rate of interest, the total interest in dollars and cents, and all other charges. Lenders under the Act cannot charge more than 36% per year on t he first $150.00 for unpaid balance, 24% per year on the next $150.00 or unpaid balance, or more than 12% per year on the balance over $300.00. Lenders way not require purchase of whole life insurance or health insurance. In addition, they may no t loan money to persons who already have three other outstanding loans.

The State Bank Examiner is responsible for the enforcement of this Act. He has investigative subpoena powers and may issue cease and desist orders. He may also suspend licenses or prosecute violators criminally. Knowing violations of the Act are petty misdemeanors.

A small loan made by a person or company without a license is void, and the lender has no right to sue in any court of this State to collect or recover any principal, interest or any charges whatsoever.

(8)NEW MEXICO EXEMPTION LAWS, 36-14-7 N.M.S.A. 1953, et. seq. 24-5-1 N.M.S.A. 1953 et seq., 24-6-1 N.M.S.A. 1953 et seq. These laws are designated to protect a minimum amount of everyone's property from seizure by creditors. Generally, these laws provide that one motor vehicle, all furniture, a home, all collateral, all clothing, all trade tools, all medical equipment, all books, all pension funds and social security are exempt (or protected by law) from collection by creditors. Three-fourths of a perso n's take home pay and $500.00 (home owners) or $1,500.00 (renters) worth of personal property (appliances, jewelry, farm equipment, etc.) are also exempt from seizure by creditors collecting on Court Judgments. In order to obtain this protection, which i s not automatic, a person must file a Claim of Exemption listing the property he wants protected with the Clerk of the Court that issued the Judgment against the person. See the sample form in Consumer Handbook, page fifty-one (51).

Sec. 56.2 -Violations to be Reported to San Ildefonso Tribal Courts.

All alleged violations of State laws described in See. 1 of this Chapter may be reported to the Tribal Courts together with facts surrounding the transaction, contracts, notices, documents, letters and other relating to the violation.

Sec. 56.3 -Procedures for Repossession of Automobiles and Other Equipment, Materials and Supplies Purchased Under Installment Plan or Credit.

The following procedures shall govern repossession on the Pueblo of San Ildefonso of automobiles and other equipment, material and supplies purchased under installment plan or credit:

(1)All creditors are requested to contact the San Ildefonso Tribal Courts for the purpose of arranging a joint collection visit to the home of the debtor on the Pueblo of San Ildefonso.

(2)Repossession of an automobile will not be allowed from a debtor on the Pueblo of San Ildefonso if the debtor offers immediate payment of all installments and penalties and interest.

(3)Repossession of any items on which the balance has been reduced below $300.00 is not allowed, but satisfactory arrangements must be made for payment of the balance due, plus penalties and interest, between the creditor and purchaser.

(4)Force or intimidation will not be allowed in any repossession process.

(5)Repossession will be allowed only if the purchaser has missed at least two consecutive payments on the sales contract or agreement.

(6)Creditors or agents seeking repossession of any items on the San Ildefonso Pueblo are required to register with the San Ildefonso Tribal Courts and present proof of their right to repossession. If there has been a counterclaim or defense against the r epossession, the Creditor or agent should be referred to the San Ildefonso Tribal Court for a hearing on the matter and the issuance of an Order by the Court allowing the repossession.

(7)Creditors or agents who violate this Title shall not be allowed to enter upon the Pueblo of San Ildefonso at any time in the future unless special permission is obtained from the Governor, for the purpose of processing a repossession of any item locate d within the Pueblo of San Ildefonso.

Sec. 56.4 Pawned Goods.

(1)Any person who shall knowingly offer for sale, sell, pledge, accept or purchase any goods in pawn during the period of redemption by the owner thereof shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessme nt of not to exceed $500.00, with costs, or to such other orders of the Court, and may be required by order of the Court to make proper restitution.

(2)Any person who shall knowingly offer for sale, sell, pledge, accept or purchase any goods in pawn without proof of ownership or who refuses to surrender to a Law Enforcement Officer property determined to have been stolen upon presentation of a proper Court order or who fails to keep proper and adequate records showing description of the item, date pawned, name of owner and proof of ownership and date of redemption and amount for which pawned or who fails to openly display pawned goods, shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $500.00, with costs, or such other orders of the Court, and may be required by the Court to make proper restitution.

CHAPTER 57 CIVIL RIGHTS PROTECTION

Sec. 57.1 Appointment of Civil Rights Commission.

There is hereby created a Civil Rights Commission which shall consist of three members appointed by the Governor with the concurrence of the Council who shall hold office until removed.

Sec. 57.2 - Authority.

The Commission shall have authority to enforce the provisions of this Chapter and to issue appropriate rules and regulations for the protection of the civil rights of members of the Pueblo and non-members who came under the jurisdiction of the Pueblo for any purpose.

Sec. 57.3 - Complaint of Civil Rights Violation.

Any person who has probable cause to believe that his or her civil rights guaranteed by the Indian Civil Rights Act of April 11, 1968, PL 90-284 (82 Stat. 77) or by the traditions and customs of the Pueblo, may file a complaint with the Tribal Court pursu ant to the Rules of Civil Procedure set forth in this Code, except for testing the legality of detention by order of the Pueblo which must be filed in the Federal Court. The complaint, together with the summons or citation, will be served in accordance w ith civil procedures. The complaint must be directed personally against the alleged violator or violators and an opportunity will be provided for the defendant or defendants to answer after which a hearing will be set following the Rules of Civil Procedu re of this Code, and the hearing will be a civil matter held by the Tribal Court.

Sec. 57.4 - Waiver of Immunity.

The Pueblo of San Ildefonso Tribal Council hereby expressly waives the immunity of its members, officers, employees and staff from suit in matters relating to alleged violation of civil rights but for no other purpose.

Sec. 57.5 - Remedies.

After a hearing following the Civil Procedures of this Code and a finding for the plaintiff, the Tribal Court may issue appropriate orders that will provide the relief prayed for or as the Court may deem appropriate. If the finding is for the defendant, the suit shall be dismissed.

Sec. 57.6 - Appeals from Orders of the Tribal Court.

Appeals from decisions of the Tribal Court may be made to the Tribal Council following the procedures established for appeals under the Civil Procedures of this Code. The decisions of the Tribal Council shall be final.

Sec. 57.7 - Additional Penalties.

In addition to the relief prayed for in the complaint and granted to the plaintiff, any violator or violators may be subject to pay a penalty assessment not to exceed $500.00 and costs or such other orders of the Court.

CHAPTER 58 - CARE AND SUPPORT OF DEPENDENT PERSONS

Sec. 58.1 - Desertion and Non-Support of Children.

Any person who shall desert or willfully neglect or refuse to provide for the support of maintenance of a child of such person, including an illegitimate child or child in the lawful custody of such person, when the person is financially able to provide t herefore, shall be guilty of a violation and, upon conviction, may be subject to pay a penalty assessment of not to exceed $300.00 with costs, and required by the Court to provide for support and maintenance of the person or persons as provided by this Ch apter or by whatever means the Court may direct.

Sec. 58.2 - Failure to Support Dependent Persons.

Any person who shall, without lawful excuse, refuse or neglect to furnish food, shelter or care to those dependent upon him under the laws of customs and usages of the Pueblo, or who fails to make proper use of funds or property of a dependent person for the benefit of the dependent shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $100.00, with costs, and may be ordered by the Court to provide adequate and proper support as provided b y this Chapter, and make such other restitution as may be ordered.

Sec. 58.3 -Alternative Remedies to Enforce Support--Procedure on Failure to Comply with Order.

In any cause enumerated in this Code, the Court may render one of the following orders:

(1)Should a penalty assessment be imposed, it may be directed by the Court to be paid in whole or in part to the wife, or to the guardian, or to the custodian of the child or children, or to an individual appointed as guardian.

(2)The Court in its discretion having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power, either before or after trial and conviction, to make an order, with the consent of the defendant, wh ich shall be subject to change from time to time as circumstances may require, directing the defendant to pay a certain sum weekly during such time as the Court any direct, to the wife or to the guardian, or custodian of the minor child or children, or to an individual appointed by the Court, and to release the defendant during such time as the Court may direct, upon his or her entering into a recognizance, with, or without sureties, in such sum as the Court may direct. The condition of the recognizance to be such that if the defendant shall make his or her appearance before the Court whenever ordered to do so, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall remain in full force and effect.

If the Court is satisfied that at any time the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original complaint, information, or enforce the original complaint, information, or enforce t he original penalty as the case may be, in addition to declaring a forfeiture of the defendant's recognizance. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the Court, be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children upon such terms or conditions as may, to the Court, be just and proper.

(3)Where conviction is had and it is so ordered, the Court may direct that the person so convicted shall be compelled to work upon the Pueblo roads or highways or any other public work for the Pueblo where such conviction is had, during the time ordered. And it shall be the duty of the Pueblo where such conviction and penalty is had, and where such work is performed by persons under orders of the Court, to allow and order the payment out of current funds to the wife, or to the guardian or the custodian o f the child or children or to an individual appointed by the Court at the end of each calendar month, for the support of such wife, child or children, ward or wards, a sum not to exceed one and fifty one- hundredths dollars for each day's work of such per son, or to request payment by the Northern Pueblos Agency, Bureau of Indian Affairs, of sufficient funds to meet the needs of the child or children.

(4)Whenever, during the pendency of such proceedings, it shall appear to the Court that any moneys are due the defendant from any person, firm, Pueblo or corporation, or that any person, firm, Pueblo or corporation has funds or property of the defendant i n his or its possession, the Court may enter an order requiring such person, firm, Pueblo or corporation to appear and answer, under oath, as to such moneys or property and if it appears at such hearing that such moneys or property should be applied to th e support of said defendant's family, the Court may enter judgment against the said person, firm, Pueblo or corporation for the amount he or it was indebted to said defendant at the time of service of said order. If it appears that said person, firm, Pue blo or corporation is not indebted to the defendant but at the time of service of said order upon it or at the time of judgment he or it has or had personal effects of the defendant in his or its possession, the Court may enter an order requiring said per son, firm, Pueblo or corporation to deliver up to the Clerk on demand such person property or effects or so much as may be required for the support of the defendant's said family or dependents and said property and effects shall thereupon be sold by the C lerk as other chattels on execution and the proceeds of said sale applied to the support of the said dependents of said defendant. The provisions of this subsection shall be ancillary to and be invoked in addition to the remedies provided in subsection ( 1), (2) and (3) of this Section.


TITLE XIX - FOREIGN JUDGMENTS

CHAPTER 59 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENT ACT

Sec. 59.1 - Definitions.

As used in this CHAPTER:

(1)"Foreign Judgment" means judgment, decree of order of a Court of the United States or of any estate or territory which is entitled to full faith and credit in this Reservation.

(2)"Register" means to file a foreign judgment in the Pueblo of San Ildefonso Court.

(3)"Levy" means to take control of or create a lien upon property under any judicial writ or process whereby satisfaction of a judgement may be enforced against such property.

(4)"judgment debtor" means the party against whom a foreign judgment has been rendered.

Sec. 59.2 - Registration of judgment.

On application made within the time allowed for bringing an action on a foreign judgment in this Pueblo any person entitled to bring such action may have a foreign judgment registered in the Pueblo Tribal Court.

Sec. 59.3 - A verified petition for registration shall set forth a copy of the judgment to be registered, the date of its entry and the record of any subsequent entries affecting it (such as levies of execution, payments in partial sat isfaction and the like) all authenticated in the manner authorized by the laws of the United States or of this Pueblo, and a prayer that the judgment be registered. The Clerk of the registering Court shall notify the Clerk of the Court which rendered the original judgment that application for registration has been made, and shall request him to file this information with the judgment.

Sec. 59.3 - Personal Judgment.

At any time after registration the petitioner shall be entitled to have summons served upon the judgment debtor as in an action brought upon the foreign judgment, in any manner authorized by the law of this Pueblo for obtaining jurisdiction of the person.

Sec. 59.4 - Notice in Absence of Personal Jurisdiction.

If jurisdiction of the person of the judgment debtor cannot be obtained, a notice clearly designated the foreign judgment and reciting the fact of registration, the Court in which it is registered, and the time allowed for pleading, shall be sent by the C lerk of the registering Court by registered mail to the last known address of the judgment debtor. Proof of such mailing shall be made by certificate of the Clerk.

Sec. 59.5 - Levy.

At any time after registration and regardless of whether jurisdiction of the person of the judgment debtor has been secured or final judgment has been obtained, a levy may be made under the registered judgment upon any property of the judgment debtor whic h is subject to execution or other judicial process for satisfaction of judgment.

Sec. 59.6 - New Personal Judgment.

If the judgment debtor fails to plead within sixty (60) days after jurisdiction over his person has been obtained, or if the Court after hearing has refused to set the registration aside, the registered judgment shall became a final personal judgement of the Court in which it is registered.

Sec. 59.7 - Defenses.

Any defenses, set-off, counterclaim or cross-complaint which under the law of this Pueblo may be asserted by the defendant in any action on the foreign judgment may be presented by appropriate pleadings and the issues raised thereby shall be tried and det ermined as in other civil actions. Such pleadings must be filed within sixty (60) days after personal jurisdiction is acquired over him or within sixty (60) days after the mailing of the notice prescribed in this Code.

Sec. 59.8 - Pendency of Appeal.

If the judgment debtor shows that an appeal from the original judgment is pending or that he is entitled and intends to appeal therefrom, the Court shall, on such terms as it thinks just, postpone the trial for such time as appears sufficient for the appe al to be concluded, and may set aside the levy upon proof that the defendant has furnished adequate security for satisfaction @of the judgment.

Sec. 59.9 - Effect of Setting Aside Registration.

An order setting aside a registration constitutes a final judgment in favor of the judgment debtor.

Sec. 59.10 - Appeal

An appeal may be taken by either party from any judgement sustaining or setting aside a registration on the same terms as an appeal from a judgment of the some Court.

Sec. 59.11 - New judgment.

If personal jurisdiction of the judgment debtor is not secured within sixty (60) days after the levy and he has not, within sixty (60) days after mailing of the notice prescribed by act to set aside the registration or to assert a setoff, counterclaim, or cross-complaint, the registered judgment shall be final judgment of the Court in which it is registered, binding upon the judgment debtor's interest in property levied upon, and the Court shall enter an order to that effect.

Sec. 59.12 - Sale Under Levy.

Sale under the levy may be held at any time after final judgment, but not earlier. Sale and distribution of the proceeds shall be made in accordance with the law of this Pueblo.

Sec. 59.13 - Interest and Costs.

When a registered foreign judgment becomes a final judgment of this Pueblo, the Court shall include as part of the judgment interest payable on the foreign judgement under the law of the State in which it was rendered, and the cost of obtaining the authen ticated copy of the original judgment. The Court shall include as part of its judgment Court costs incidental to the proceeding in accordance With the law of this Pueblo.

Sec. 59.14 - Satisfaction of judgment.

Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this Pueblo as to costs authorized by Section.

Sec. 59.15 - Optional Procedure.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter remains unimpaired.

Sec. 59.16 - Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states and tribes which enact it.


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