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Makah Law and Order Code

Enacted: 1999

PREAMBLE

This law and Order Code for the Makah Indian Tribe of the Makah Indian Reservation, Washington, is enacted for the purposes of strengthening tribal self-government, providing for the judicial needs of the Reservation, and thereby assuring the maintenance of law and order on the Reservation and in off-Reservation fishing and hunting areas secured by the Treaty with the Makah of 1855.




RESOLUTION NO.:__52-89____________
DATE ENACTED:2-27-89_______________
SUBJECT MATTER: Revised Law and Order Code

RESOLUTION NO. 52-89 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, Article VI Section 1(i) empowers the Tribal Council to promulgate and enforce ordinances governing the conduct of members of the Makah Indian Tribe and providing for the maintenance of law and order and the administration of justice; and

          WHEREAS, Article VI, Section 1(j) empowers the Makah Tribal Council to safeguard and promote the peace, safety, morals, and general welfare of the Makah Indian Tribe by regulating the conduct of trade and the use and disposition of property upon the Reservation; and

          WHEREAS, in carrying out its powers and responsibilities under the Makah Constitution, the Makah Tribal Council has undertaken an extensive review of the Makah Law and Order Code and ordinances of the Makah Indian Tribe and as a result has caused to be drafted a revised Makah Law and Order Code designed to modernize and improve the law and order system on the Makah Indian Reservation, the Makah Tribal Court and the administration of justice; and

          WHEREAS, pursuant to such review, the Makah Tribal Council has determined that certain ordinances and resolutions of the Makah Tribe should be incorporated into the revised Law and Order Code; and

          WHEREAS, the Makah Tribal Council has determined that it is in the best interest of the Makah Tribe and the health and safety of Tribal members and other persons who enter the Makah Indian Reservation or who operate motor vehicles within the boundaries of the Reservation that Title 7, Traffic Code, of the Makah Law and Order and should be decriminalized and provide for civil infractions and civil fines for minor traffic infractions and to provide for a civil infraction procedure to be utilized by the Tribal Court with respect to both members and nonmembers of the Makah Tribe who commit traffic infractions on the Makah Indian Reservation.

          NOW THEREFORE BE IT RESOLVED the Makah Tribal Council hereby approves the revised Makah Law and Order Code of November 2, 1988; and

          BE IT FURTHER RESOLVED that the following ordinances and resolutions, which have been incorporated into the revised Makah Law and Order Code, are hereby repealed:

          1. Injunctive Relief Ordinance No. 33, Resolution No. 68-79 dated April 23, 1979.

          2. Long Arm Ordinance No. 33, Resolution No. 19-83 dated November 8, 1982.

          3. Exclusion Ordinance No. 6A, Resolution No. 49-73 dated January 18, 1973.

          4. Resolution No. 76-85 dated May 14, 1985 regarding enhanced DWI penalties.

          BE IT FURTHER RESOLVED that Resolution No. 59-86 dated April 15, 1986 is hereby repealed with respect to adoption of the appellate procedures, but remains in full force and effect with respect to the rules of appellate procedure adopted therein; and

          BE IT Further RESOLVED that the revised Makah Law and Order Code and the repeal of the above identified ordinances and resolutions shall not become effective until this resolution and the revised Code are approved by the Secretary of the Interior pursuant to the Constitution and By-Laws of the Makah Indian Tribe.

MAKAH TRIBAL COUNCIL           


BY: _________________________
Daniel P. Greene, Chairman    


CERTIFICATION

          The foregoing Resolution was adopted at a meeting held on February 27, 1989, at which a quorum was present, and the Resolution was adopted by a vote of 4 FOR and 0 AGAINST, the Chairman or the Vice-Chairman in his absence being authorized to sign the Resolution..

__________________________
JoDean Haupt, Tribal Secretary

43:MISCLAW/REVL&O.RES
mn/110188

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