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Makah Law and Order Code

Enacted: 1999

TITLE 9: EXCLUSION


CHAPTER 1
Purpose

§9.1.01 Purpose

Non-members of the Tribe are increasingly acting in utter disregard of Tribal law, destroying tribal fish arid game, trespassing upon tribal trust property, polluting Tribal lands and waters, destroying real and personal property of the Tribe and its members, both children and adults, on the Reservation, to the great harm of the natural, social and psychological well-being of members and all persons on the Reservation. The Tribe has the authority to exclude nonmembers from the Reservation and to determine conditions upon which they may remain. It is the purpose of this Title to provide for exclusion, including expulsion, of nonmembers from the Reservation.


CHAPTER 2
Grounds

§9.2.01 Who May Be Excluded

Any non-member of the Tribe may be excluded from the Reservation.

§9.2.02 Grounds for Exclusion

A nonmember of the Tribe may be excluded for commission of one or more of the following acts within the Reservation:

    1. Entering an area of the Reservation in violation of any order of the Council designating such area as closed for any reason.

    2. Failure or refusal to pay any taxes, rents or other charges due the Tribe after reasonable notice and opportunity to pay.

    3. Unauthorized cutting of timber or vegetation.

    4. Any act causing physical loss or damage of any nature to tribal property or property of any member.

    5. Any crime, as defined by state or federal law, or any act which, if committed by a member, would be an offense under this Code or any other ordinance or resolution of the Council.

    6. Any violation of this Code or any ordinance or regulation of the Tribe.

    7. Immorality.

    8. Breach of the peace.

    9. Public drunkenness.

    10. Hunting or fishing without lawful authority or permission or in violation of applicable regulations.

    11. Contagious disease.

    12. Unauthorized taking of any property from the Reservation.


CHAPTER 3
Procedure

§9.3.01 Notice of Proposed Exclusion

A Judge of the Tribal Court shall cause notice to be served personally or by certified mail upon any nonmember whenever he believes cause may exist for exclusion of the nonmember or whenever any authorized representative of the Tribe requests him to cause the notice to be served. The notice shall state the reason for the proposed exclusion and shall state a time and place at which the nonmember may appear before the Court to show cause why he should not be excluded from the Reservation.

The hearing shall be not less than five (5) days after the time of service or mailing, whichever is later, provided that if the Judge shall have reasonable cause to believe that an emergency exists, and the notice so states, the hearing may be held after 24 hours from the time of service or mailing, whichever is later.

§9.3.02 Hearing on Exclusion Before Tribal Court

At the time set forth in the notice, the Court shall hold a hearing to decide whether the nonmember shall be excluded from the Reservation. The nonmember shall be given an opportunity to present his defense at such hearing and may be represented by counsel. After the hearing, or after the time set for the hearing if the nonmember does not appear, the Court may order him excluded from the Reservation, or may permit him to remain upon the Reservation on such conditions as the Court sees fit to impose. An order of exclusion shall remain in force until revoked by the Court unless the order specifically provides otherwise.

§9.3.03 Proceedings for Enforcement of Orders of Exclusion

If any nonmember ordered excluded from the Reservation by the Court does not promptly obey the order, the Judge shall order removal of such person and may also refer the matter to other appropriate law enforcement authorities for action. If, after a reasonable time after such referral, no effective action has been taken to enforce the exclusion order, the Judge shall refer the matter to counsel for the Tribe who shall take such legal action as directed by the Council.

§9.3.04 Physical Removal of Trespassers - Emergency

In cases involving immediate danger to the life, health, morals or property of the Tribe or any of its members, or where any delay would result in irreparable damage, a Judge of the Court may order any Tribal Officer to remove a nonmember or any of his property from the Reservation, either before or after the nonmember has been ordered excluded by the Court as provided above. The officer executing the order shall use only so much force as necessary to effect the removal. If service of the notice provided for above has not already been made on the nonmember, the Judge shall cause the officer to serve the notice upon the nonmember at the time of removal or as soon after removal as possible.

§9.3.05 Physical Removal of Trespassers - No Emergency

In cases where the nonmember has not already been ordered excluded by the Court, the Judge shall notify the nonmember of the time and manner in which he may re-enter the Reservation in the company of a Tribal Officer for the purpose of attending the hearing before the Court. The nonmember must be accompanied by a Tribal Officer at all times during his presence on the Reservation.

 


  Resolution Number: 128-89
Date Enacted: 9-5-8
Subject Matter: Weapons
Control Ordinance: No. 43

          RESOLUTION NUMBER 128-89 OF THE MAKAH TRIBAL COUNCIL

          WHEREAS, the Makah Tribal Council is the governing body of the Makah Indian Tribe of the Makah Indian Reservation, Washington, by authority of the Constitution and By-Laws of the Makah Indian Tribe as approved on May 16, 1936, by the Secretary of the Interior; and

         WHEREAS, the lands of the Makah Indian Reservation were set apart for the exclusive occupancy and use of the Makah Indians; and

          WHEREAS, the Makah Tribal Council has the inherent sovereign jurisdiction to enact tribal laws safeguarding the health, safety and general welfare of the Makah Indian Tribe by regulating the use and disposition of property on the Reservation, such jurisdiction being specifically recognized by Article VI, Section 1(j) of the constitution and By-Laws of the Makah Indian Tribe; and

        WHEREAS, the Council has the power to govern the conduct of members of the' Makah Indian Tribe, and to provide for the maintenance of law and order and the administration of justice on the Reservation, such power being specifically recognized by Article VI, Section 1(i) of the Constitution and By-Laws of the Makah Indian Tribe; and

          WHEREAS, the use of weapons on the Reservation presents a clear and present danger of accidental shootings, with consequent harm to life and property of the members of the Tribe and other residents of the Reservation; and

         WHEREAS, it is essential to the safety and welfare of the members of the Makah Tribe and of other residents of the Reservation that the possession and use of weapons on the Reservation be regulated; and

          WHEREAS, the Makah Tribal Council has examined its existing ordinances, including 9 5.6.05 of the Makah Law and Order Code, and has found that they do not adequately regulate the possession and use of weapons on the Reservation; and

          WHEREAS, the Makah Tribal Council has examined the attached ordinance regulating the use and possession of weapons on the Reservation and incorporating the provisions of §5.6.05, and has found it to be satisfactory;

          NOW, THEREFORE BE IT RESOLVED that the Makah Tribal Council does hereby repeal §5.6.05 of the Makah Law and Order Code and enact the attached ordinance, which shall be referred to as the "MAKAH WEAPONS CONTROL ORDINANCE", and shall be incorporated as Title 10 in the Makah Law and Order Code; and

          BE IT FURTHER RESOLVED that the repeal of § 5.6.05 and the enactment of the attached ordinance shall not become effective until this resolution is approved by the Secretary of the Interior pursuant to the Constitution and By-Laws of the Makah Indian Tribe.

MAKAH TRIBAL COUNCIL

________________________
Daniel P. Greere                    
Chairman                                 

 

CERTIFICATION

The foregoing resolution was adopted at a regular meeting held on September 6, the 1989, at which a quorum was present, and the resolution was adopted by a vote of 3 FOR and 0 AGAINST, the Chairman or the Vice Chairman in his absence, being authorized to sign the resolution.

___________________________
Tribal Secretary          


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