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:
- Entering
an area of the Reservation in violation of any order of the Council
designating such area as closed for any reason.
- Failure
or refusal to pay any taxes, rents or other charges due the Tribe
after reasonable notice and opportunity to pay.
- Unauthorized
cutting of timber or vegetation.
- Any
act causing physical loss or damage of any nature to tribal property
or property of any member.
- 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.
- Any
violation of this Code or any ordinance or regulation of the Tribe.
- Immorality.
- Breach
of the peace.
- Public
drunkenness.
- Hunting
or fishing without lawful authority or permission or in violation
of applicable regulations.
- Contagious
disease.
- 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.