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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Aug. 26, 1983)
PAGE 8 AUGUST 26, 1983 Spily.y Tymoo Law and Order Chapter 305... Crimes Against Public Peace and Order another person from their legal guardian can be charged with section 305.427. When an Indian is asked by a law enforcement office for identification, that person can not give or offer identification that is false. If they represent themselves to be another it will be in violation of false identification. So a person must give their correct name and not use another’s or they can be charg ed w ith a criminal offense. Earlier this year there were a number of false reports called into various agencies with reports of a bomb. Under initiating a false report this is a by Pat Leno false identification; initiating a criminal offense. Any false This is the final review on false report; drug parapherna reports that are transmitted to Chapter 305, Criminal Code of lia; obstructing justice; riot, the fire department, police the new Law and Order code u n la w fu l a sse m b ly ; a n d departm ent or any other f o r th e W arm S p rin g s unlawful meetings, parades or a g e n c y th a t d e a ls w ith emergencies involving danger Reservation. It is the longest gatherings. Any Indian who attempts to to life or property by an Indian sub-section of the code and the one with the most changes. It is give another money, property can result with that person entitled Crimes Against Public or anything of value with the being charged with initiating a intent to influence another in false report. Peace and Order. In recent years there has been It deals with the rights of the the discharge of his public public to have peace and order duties or conduct; any Indian an increased market for beaded in their lives. It covers aiding or who a c c e p ts, so lic its or items and often these items are used in connection with the use a b e ttin g an o ffe n d e r or attempts to solicit a bribe; or of narcotics. Favorite items any Indian who knows or has concealing a fugitive; carrying have been pipes, bongs, roach concealed weapons; carrying reason to believe a bribe has clips and other containers used weapons, when prohibited; b een o ffe re d , m ad e or for drugs. It is now illegal to child neglect; contempt of accepted, is required to report sell, transfer or offer to sell or court; discharge of weapons; the facts to the Tribal Police. transfer drug paraphernalia. disorderly conduct; escape; Conviction of any part of the Drug parapheranalia, 305.467, failure to send children to title carries a fine not to exceed makes it illegal to have such school; failure to support a $500. Cruelity to animals(305.424) items, they can be seized by law dependent; false imprison deals with the acts that are enforcement officers without m e n t; g a m b lin g ; liq u o r deemed cruel treatment to any compensation to owners. It violations; littering; maintain can be held as evidence or for ing a p u b lic n u is a n c e ; animals. Any Indian who other lawful proposes and narcotics; dangerous drugs, in ten tio n ally or recklessly then destroyed or otherwise hallucinogens and deliriants; mistreats, neglects or kills an disposed of as ordered by the perjury; refusing to aid an animal can be charged with this Tribal Court. With the ever- o fficer; re sistin g a rre s t; section. Animals can be killed increasing market of beaded th r o w in g a w a y lig h te d only by a person who has that drug items people who produce m aterial; violation of an legal privilege, such as a police them need to be aware they can approved tribal ordinance; and officer or game and range lose these items to the courts. officer. wounds, reporting required. Obstructing as defined by A person can not interfere In the new code, there are with the rules and wishes of a law, means to hinder, or now nine new titles, several of legal prevent from progress, check, custodian according to which are more clearly defined. 305.427, stop, also to retard the progress custodial interference. The nine new titles are bribery, of. make accomplishments failure to report; cruelty to An Indian who has no legal difficult and slow. Add to the animals; custodial interference; right to take, entice or keep meaning justice and that is what section 305.469 deals with. An Indian cannot in t e r f e r e o r c a u s e th e administration of law or other government function by means of intim idation, force, or physical interference or they can be found guilty of obstructing justice. Riot, unlawful assembly, states that it is unlawful for any Indian to participate in a riot, a riot meaning the use of force or violence or threat to use force or violence by three or more I n d ia n a c tin g to g e th e r w ithout lawful authority. Anytime three or more Indians assemble with the intent or with the means and in preparation to commit an unlawful act or without lawful authority to assemble and the result will disturb the peace or excite public alarm can be charged with this section. The right to assemble rs legal only when the necessary legal steps are observed. People can be charged with this section if they are asked by a policeman to disperse and they do not. If the police has reason to believe the group will resist he can command as many Indian citizens to assist him in overcoming the situation. A permit is required for Indians to meet, parade or gather on any part of the reservation. Permits will be granted when it is felt such a meeting, parade or gathering is not being held for an unlawful purpose and it will not interfere with the use of the reservation by the general population’s peace and quiet. This is to guarantee that the majority of the people’s interests are taken into consideration first. Not obtaining a permit will be ir violation of 305.487 of the Criminal Code. Of major importance is the addition of section 305.424, c a rry in g w eapons, w hen prohibited. Any Indian who carries or possesses a firearm while under the influence of intoxicants can be charged with this section. This will apply to people hunting. An Indian cannot carry a weapon while drinking. Any Indian cannot carry a weapon either concealed or openly in any public building, office, store or at any public gathering unless they area duly authorized law enforcement official. Disorderly conduct covers a range of behaviors that can be considered illegal. If an Indian causes any public incon venience, annoyance or alarm or creates a risk through fighting or other violence, threatening behavior; makes unreasonable ribise; disturbs any law fu l assem bly or persons; obstructs traffic on a public thoroughfare; congre gates with others in public and refuses to comply with a police officer order to dispense; initiates or circulates a false report knowing it to be false; creates a condition that could cause a hazard or physically offensive condition; appears in public in an intoxicated condition; or engages in any other act of public indecency or immorality can be charged with disorderly conduct. On the W arm S p rin g reservation an Indian cannot solicit or receive an order for liquor; keep or expose for sale liquor; deliver for value, peddle, keep with intent to sell, traffic in or consider, promise or obtain under any pretext liquor if they are not tribally licensed as a commercial liquor establishment. Indians cannot sell, trade or manufacture or trade any alcoholic beverages are prohibited from being consumed at any community function, at or near any place of Business, Indian celebration grounds, recreational area, including ball parks and public camping grounds, the agency area 'and other areas where minors gather for meetings or recreation. Fishing rights governed by newly written law / by Pat Leno Fishing for tribal members of the Confederated Tribes of Warm Springs is a right that was guaranteed through treaty w ith th e U nited S ta te s g o v e r n m e n t. T h e U .S . government signed the 1855 treaty recognizing that the Tribe had the right to fish at all usual and accustomed fishing stations in common with U.S. citizens. Fish is an important cultural, historical and economical asset to the tribe and its members. With this thought in mind the T ribal C ouncil found it necessary to regulate and control all fishing conducted by tribal members. It has been through the foresight and good planning of all Warm Springs T ribal Councils th a t has protected and preserved the tribal properties for the benefit of past, present and future generations. It is through the Tribe’s, sovereign powers that the roles and regulations have been written,for the good of the entire tribal membership. The Warm Springs Code, Chapter 340, Fishing Code, was written to safeguard and protect the treaty fishing rights of the Confederated Tribes members. With the upcoming fall season, it is important that all the membership know the rules that govern the fishing both off and on the reservation. During the summer months, Warm Springs n a tu ra l resources personnel have encountered problems at the Sherars Bridge fishing site. O liver Kirk, se rg e a n t of the n a tu ra l resources game and range enforcement branch stated, “ We h a v e e n c o u n te r e d problems at Sherars of people not carrying their identification c a rd s, n o t hav in g th e ir equipment marked properly, non-m em bers fishing and people fishing while under the influence of liquor.” These are clear cases of violations of the code, according to Kirk. He went on to say, “People say they didn’t know these were violations.” The code clearly states that Warm Springs people must have in their possession proper identification showing they are enrolled m em bers of the Confederated Tribes of Warm 'Springs. Tribal enrollment cards can be purchased at the Vital Statistics departm ent lo c a te d a t th e T r ib a l A d m in istra tio n B uilding, M on d ay th ro u g h F rid a y between the hours of 2:30 to 4:30 p.m. for $3,00 and a duplicate for $5.00. All equipment used must carry the p e rso n ’s trib al affiliation and their enrollment number. All gill nets, set nets and hoop nets m ust be id e n tifie d . The p ro p e r information must be placed upon or adjacent to any end cork or float of the gillnet or set net and upon the upper side of the hoop net. All set nets and gill nets cannot be longer then 300 feet in length. A person can place oftly one set net at one location ahd they can only operate five set nets at any one time. Fishing at Sherars is the treaty right of the Warm Springs Tribe. People who are not enrolled members of the Confederated Tribes of Warm Springs are classified as non members arid at Sherars Bridge fishing sites, they are governed by Oregon State laws. Non members cannot fish under the treaty rights. They can be subjected to the jurisdiction of the Warm Springs Tribal Court if they violate any tribal laws, as Sherars is considered as a part of the Warm Springs Reservation. If non-member Indians are convicted, they can be fined $150 and/ or sentenced to 20 days imprisonment for a first conviction; a second conviction can be a fine of not more then $250 and/or not more then 60 days; if a person is convicted for a third or subsequent time they can face a $500 fine and/or up to six moriths imprisonment. Those same penalities hold true for members convicted under the code. The use of controlled substances (any narcotic drug so designated by law) and intoxicating liquor is against the law while a member is fishing under claim of treaty rights. According to Kirk, there have been cases of people violating this section of the code. The new code, Chapter 340, replaces Ordinance No. 38 and all prior ordinances which governed fishing on and off reservation by tribal members while exercising their treaty rights. Persons who are other than tribal members and other Indians can be charged with State of Oregon laws and are also subject to a civil penalty in Tribal Court for any civil infractions. In an upcoming issue of Spilyay Tymoo, the Warm Springs Tribal Code Chapter 340, Fishing Code, will be reviewed.
