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.