8.04.030 Definitions

(a) The following are definitions of terms and words used in this chapter.

(1) "Akwesasne Community" means all Tribal Members who reside legally within Mohawk Territory (Akwesasne).

(2) "Child" or "Children" means biological, adopted, step, and foster children as well as legal wards or orphans.

(3) "Child with special needs" means a child over the age of majority with physical or mental disabilities or who otherwise requires the special attention of the parents or guardians.

(4) "Close ties" to the Akwesasne Community" is a term that is based upon a number of factors, including, but not limited to: years living within the Community; participation in Community events; knowledge of the Mohawk language and culture; active participation in tribal affairs; and other social and economic ties to the Community.

(5) "Legal guardian" means a person who acts as the primary caretaker of a child who may be personally selected by the child's biological parents or appointed by a court.

(6) "Life Partner", for purposes of this chapter, means a person who is in a relationship with another person that has all of the characteristics of a legal marriage. Some factors in deciding if a life partnership exists include: legal capacity to marry, length of the relationship, whether the couple is holding themselves out to the community as being married and whether they have joint and holding joint bank accounts and credit cards.

(7) "Married" or "marriage" refers to the legal or formal union of two people as partners in a personal relationship which may include same-sex marriages.

(8) "Member of Other Tribe" means a person who is a member of a tribe, band, nation or community other than the Saint Regis Mohawk Tribe.

(9) "Membership Code" or "Tribal Membership Code" means the 1986 Tribal Membership Code (sometimes referred to as Code "E"), adopted by Tribal Council Resolution 86-14 as amended.

(10) "Membership Court" means the three Tribal Sub-Chiefs who are designated under the Tribal Membership Code as the Membership Court.

(11) "Minor" or "Minor Children" means a person who under twenty-one (21) years of age.

(12) "Mohawk Territory", "Territory" or "Akwesasne" means all lands within the 1796 Treaty with the Seven Nations of Canada (97 Stat. 55) and includes any other lands over which the Tribe exercises jurisdiction.

(13) "Non-Member" or "Non-Members" any person, Native or Non-Native, who is not a member, nor is eligible to be a member of the Saint Regis Mohawk Tribe.

(14) "Parent" means the mother or father of a child as defined in this chapter.

(15) "Provincial law" means the laws of the provinces of Ontario or Quebec, Canada.

(16) "Private Residence" means a housing unit that is owned by a person rather than a housing unit that is rented or leased by a person. Housing under the Akwesasne Housing Authority will be considered, for purposes of this chapter, Private rather than Rental residences.

(17) "Rental Property" or "Rental Properties" means a housing unit that has rooms or units that are rented or leased out to guests on a for profit basis and includes, but is not limited to, apartments and boarding rooms, boarding houses and extended stay hotels.

(18) "Reside" or "Residency" or "Long Term Residency" means physically residing on a permanent basis rather than a short term, temporary basis. Whether the residency is permanent or temporary, long term or short term, will be based on, but not limited to, the following factors: number of years living on the Territory, percentage of time a person has continuously lived on the Territory, whether the person considers the residency as his or her permanent address.

(19) "Saint Regis Mohawk Tribe" or "Tribe" means the federally recognized Saint Regis Mohawk Tribe with government offices in Akwesasne, New York.

(20) "Saint Regis Mohawk Tribal Court" means the judicial system established by Tribal Council pursuant to TCR 2007-01 as the Saint Regis Mohawk Tribal Court, an independent entity with independent judicial authority.

(21) "Saint Regis Mohawk Tribal Police" means the law enforcement department for the Saint Regis Mohawk Tribe with police authority over Mohawk Territory.

(22) "Spouse" refers to a person who is legally married under tribal, state or provincial law and shall include same-sex marriages.

(23) "Tribal Council", for purposes of this chapter, means the three duly elected Chiefs of the Saint Regis Mohawk Tribe.

(24) "Tribal Clerk" refers to the duly elected Tribal Clerk of the Saint Regis Mohawk Tribe.

(25) "Tribal Ethics Code" means the law established by the Tribe in 2007, by TCR 2007- 61, as amended.

(26) "Tribal Election and Referendum Code" means Tribal Election and Referendum Ordinance enacted by the Tribe in 2008 (TCR 2008-36) to govern the conduct of all elections and tribal referenda, as amended.

(27) "Tribal Procedures Act" means the Ordinance enacted by the Tribe in 2013 (TCR 2013-32) setting forth the general powers of the Tribal Council, clarifying referendum, ordinance and tribal resolution procedures, and related matters.

(28) "Tribal Member", "Member" or "Mohawk" means a person who is enrolled under the Tribe's Membership Code or a person who is eligible to be enrolled regardless of where they reside.

(29) "Widow" or "widower" means a person whose spouse or partner died while the couple was married and who has not remarried.