Chapter 2.12
CODE ADOPTION, REVISION, AND DISTRIBUTION
Sections:
Subchapter 1. Generally
2.12.030 Principles of construction.
2.12.040 Public notice and comments.
Subchapter 2. Format and Organization
2.12.050 Categories of Tribal law.
2.12.060 Code volume locations.
2.12.070 Code distributor appointed.
2.12.080 Code layout and organization.
Subchapter 3. Miscellaneous
Subchapter 1. Generally
2.12.010 Purpose.
The purpose of this chapter is to establish a standard format for legislation adopted, revised, updated, and expanded by the Puyallup Tribal Council. This chapter shall also serve to establish an organizational system of categories, consistent numbering system, and distribution system for Tribal codes. [Res. 281293 (12/28/93); prior code § 2.04.010]
2.12.020 Definitions.
The term “code(s)” means any ordinance or other permanent legislation enacted by the Puyallup Tribal Council. [Res. 281293 (12/28/93); prior code § 2.04.020]
2.12.030 Principles of construction.
The following principles of construction shall apply to all codes unless a different construction is obviously intended or specifically provided:
(a) Masculine words shall include the feminine, and singular words shall include the plural, and vice versa.
(b) Words shall be given their plain meaning and technical words shall be given their usually understood meaning where no other meaning is specified.
(c) Whenever a term is defined for a specific part of any code, that definition shall apply to all parts of the code unless a contrary meaning is clearly intended.
(d) Codes shall be construed as a whole to give effect to all the parts of a code unless a contrary meaning is clearly intended.
(e) If any provision of a code or the application of any provision to any person or circumstance is held invalid, the remainder of any code shall not be affected thereby and to this end the provisions of any code are declared severable.
(f) Any typographical errors or omissions shall be ignored whenever the intended meaning of this provision containing the error or omission is otherwise reasonably certain to the Court.
(g) Any other issues of construction shall be handled in accordance with generally accepted principles of construction giving due regard for the underlying principles and purposes of this code. [Res. 281293 (12/28/93); prior code § 2.04.030]
2.12.040 Public notice and comments.
Prior to the adoption of any proposed, amended, or revised code, the Tribe shall post notice of such proposed legislation at prominent locations in the Tribal Council Administration Building. Also, the Tribe shall make every effort to publish notice of the proposed or revised code in the Puyallup Tribal News. Because the Puyallup Tribal Newspaper may not be published every month, publication may not always be possible prior to enactment by the Tribal Council. Tribal members requesting a copy of any proposed or revised code shall be provided a copy free of charge. If the proposed legislation is of an emergent nature, public notice and comment may be waived by the Tribal Council. [Res. 281293 (12/28/93); prior code § 2.04.040]
Subchapter 2. Format and Organization
2.12.050 Categories of Tribal law.
The following general categories of Tribal law shall be created:
|
Title 1 |
General Provisions |
|
Title 2 |
Administration of Tribal Affairs |
|
Title 3 |
Business, Commerce and Trade |
|
Title 4 |
Courts and Procedure |
|
Title 5 |
Crimes and Offenses |
|
Title 6 |
Community Development |
|
Title 7 |
Domestic Relations |
|
Title 8 |
Decedents’ Estates |
|
Title 9 |
Elections |
|
Title 10 |
Environmental |
|
Title 11 |
Fiscal Matters |
|
Title 12 |
Fish and Wildlife |
|
Title 13 |
Gaming |
|
Title 14 |
Health, Education, and Welfare |
|
Title 15 |
Land |
[Res. 281293 (12/28/93); prior code § 2.04.110]
2.12.060 Code volume locations.
A current code volume set shall be maintained in the following Tribal locations:
(a) Tribal Council Secretary’s Office;
(b) Administrative Manager’s Office;
(c) Tribal Court;
(d) Law Enforcement;
(e) Law Library. [Res. 281293 (12/28/93); prior code § 2.04.120]
2.12.070 Code distributor appointed.
When the Tribal Council enacts, revises, or amends a code, the Tribal Council Secretary shall be responsible for sending a copy of the specific code and its accompanying Resolution to the locations identified in PTC 2.12.060. The Tribal Council Secretary shall also keep a disk of all codes and cause to have any future amendments incorporated into the original code and distributed to the locations identified in PTC 2.12.060. The Tribal Council Secretary is responsible for verifying that the signed code is the official version of the law, and shall ensure that all proposed or amended codes include the resolution number and date, to be handwritten in the designated history section, and also designate the effective date. [Res. 281293 (12/28/93); prior code § 2.04.130]
2.12.080 Code layout and organization.
All codes shall include the following when appropriate to the type of document:
(a) A section listing section headings and their number identifiers.
(b) A declaration of purpose.
(c) A reference to the Tribal Council resolution approving the code. Such reference shall be located immediately following the chapter heading and be designated as follows: [History] Res. # (month/day/year).
(d) Specific sections shall be numbered with the title number first, then the chapter number, and last by the specific section number.
(e) Cross-references to related federal and/or state laws shall be included at the end of documents.
(f) Amendments shall be designated at the end of an amended provision and shall identify the resolution number and date.
(g) Each page shall be numbered with the page number located at the bottom center of the page.
(h) Each code shall include an effective date and state whether or not Secretary of the Interior approval is required as enumerated in the Puyallup Tribal Constitution. The following subject matter requires approval by the Secretary of the Interior as provided in the Constitution of the Puyallup Tribe or by federal law:
(1) Codes involving probate.
(2) Codes involving the choice of legal counsel employed for the protection and advancement of rights for the Puyallup Tribe or its members.
(3) Codes involving the leasing of land by the Tribal Council.
(4) Codes involving the purchase of land. [Res. 030222 (02/03/22); Res. 281293 (12/28/93); prior code § 2.04.140]
Subchapter 3. Miscellaneous
2.12.090 Laws repealed.
All provisions of any Tribal ordinance, resolution or regulation previously enacted by the Puyallup Tribal Council which are inconsistent with this chapter or contradictory with its provisions are repealed. [Res. 281293 (12/28/93); prior code § 2.04.210]
2.12.100 Effective date.
The subject matter of this code is not of the type enumerated in the Puyallup Tribe’s Constitution requiring Secretary of the Interior approval. Thus, this chapter becomes effective on the twenty-eighth day of December, 1993. [Res. 281293 (12/28/93); prior code § 2.04.220]