Makah Law and Order Code

TITLE 10: WEAPONS CONTROL ORDINANCE

CHAPTER 1
Definitions

For the purpose of this Title, unless the context clearly indicates other wise, the following terms shall have the meanings ascribed to them in this Chapter 1:

§10.1.01. "Weapon" means any weapon or device capable of propelling a missile through the force of compressed air or gas, or through the force of combustion or explosion of gun powder or other chemical substance, or through the contraction or expansion of any rubber band, string or spring, or similar device, and includes compressed air rifles, pistols, sling shots and bows.

§10.1.02. "Law Enforcement Officer" means any person who by virtue of his office or public employment is vested by law with authority to maintain public order or to make arrests for offenses.

CHAPTER 2
Juveniles

§10.2.01. It shall be unlawful for any person under eighteen (18) years of age to use or possess a weapon; provided, that any juvenile sixteen (16) years of age or older who has completed the Weapons Training Course described in §10.3.01 below and has been awarded the Weapons Safety Certificate the Chief of the Makah Tribal Police as provided in §10.3.01, shall not be subject to the provisions of this §10.2.01.

CHAPTER 3
Weapons Safety Training Course

§10.3.01. The Chief or the Makah Tribal Police is authorized and directed to establish and conduct a Weapons Safety Training Course and to award a Weapons Safety Certificate to any and all persons who satisfactorily completed the course. Classes shall be conducted in accordance with recognized weapons safety standards, shall be provided at no charge to enrolled members of the Tribe, and shall commence during June of every year; provided that such courses shall also commence at such other times as the Council may hereafter direct.

CHAPTER 4
Target Range Established

§10.4.01. A target range is hereby established at Koitlah Point as specifically designated on the attached "Weapons Control
Map." Target shooting shall be permitted only during the daylight hours.

CHAPTER 5
Prohibited Acts

§10.5.01. Any person who, without lawful authority to do so, carried loaded weapon in a vehicle on a public road, has on his person a weapon with intent unlawfully to assault another, discharges any kind of weapon from, upon or across any public highway, carries a weapon concealed upon his person, threatens to use or exhibits a weapon in a dangerous and threatening manner, or uses a weapon in a fight or quarrel, shall be deemed guilty of a Class B offense.

§10.5.02. Any person who discharges any weapon or possesses any loaded weapon in any area designated as "CLOSED" on the attached Weapons Control Map, except a law enforcement officer in the discharge of official duty, or an officer or member of the Armed Forces of the United States or the National Guard in the discharge of official duty, shall be a guilty of a Class C offense.

CHAPTER 6
Sanctions

§10.6.01 Criminal

Any person subject to the criminal jurisdiction of the Makah Tribal Court who shall violate the provisions of Chapter 5 of this Title shall be subject to prosecution in accordance with the procedures set forth in Title 2 of the Makah Law and Order, and if convicted shall be subject to the penalties set forth in Title 5 of the Code.

§10.6.02 Juvenile

Any juvenile subject to the jurisdiction of the Makah Juvenile Court who shall violate the provisions of Chapter 2 or 5
of this Title shall be deemed guilty of a delinquent act. Procedures and dispositional alternatives shall be governed by
Title 6 of the Makah Law and Order Code.

§10.6.03 Civil Exclusion

Any person who is not subject to the criminal or juvenile jurisdiction of the Makah Tribal Court who shall violate any of the provisions of this Title shall be subject to exclusion from the Makah Reservation pursuant to Title 9 of the Law and Order Code.

CHAPTER 7
Seizure and Forfeiture

§10.7.01 Nature of Proceedings

The forfeiture proceeding established in this Chapter is a civil in rem proceeding established to protect tribal property and to safeguard the health, safety and general welfare of the members of the Tribe, other residents of the Reservation, and visitors to the Reservation by regulating the use and disposition of weapons. It is remedial in nature and under the conditions described below can be invoked to protect the Tribe from the possession and use of weapons contrary to the provisions of this Title.

§10.7.02 Seizure

Any tribal law enforcement officer may seize without warrant any weapon or ammunition which he has reason to believe has been used or possessed contrary to the provisions of this Title, if:

The seizure is necessary to safeguard life and property from injury; or
There is a special need for prompt action because it is likely that the person using or possessing the weapon in violation of this Title either will continue to do so, or will leave the Reservation and not return.

The property seized shall be itemized and taken to the office of the Chief of the Makah Tribal Police and placed in the custody of the Makah Indian Tribe. The officer making the seizure shall immediately notify the Court Clerk and/or the Chief Judge of the Tribal Court.

§10.7.03 Redemption Before Hearing

At any time after a seizure of property under §10.7.02 above, but before the forfeiture hearing described in §10.7.04 below, the owner of such property may secure its release by:

providing proof of ownership of such property; and
making payment in accordance with a schedule of money due for each prohibited activity, which schedule shall have been approved by the Tribal Council, and posted in a conspicuous location at the Makah Tribal Court and Makah Tribal Police Station;

to the Clerk of the Makah Tribal Court. Upon receipt of such proof of ownership and such payment, the Clerk shall direct the Chief of Police to release the seized property to its owner.

§10.7.04 Forfeiture Hearing

Unless an extension is requested by the person from whom property was seized under this Title, or by the owner of such property, the Tribal Court shall hold a Forfeiture Hearing within ten (10) days after the seizure. A minimum of five (5) days notice of the date, time and place of the hearing shall be provided to the person from whom the property was seized, and to anyone else timely requesting such notice. At the hearing the Court shall determine whether the property was lawfully seized under §10.7.02, and whether the property was in fact being used in violation of this ordinance. If the Court answers both questions in the affirmative, it shall order the property (or the payment made under §10.7.03 above) forfeited. If not, it shall order the property (or the payment under §10.7.03 above) returned to its owner. The Tribal Prosecutor shall represent the Tribe at the hearing and shall have the burden of proof by a preponderance of the evidence. At any time prior to the hearing the owner of the property may stipulate to forfeiture of the property (or of the payment made under §10.7.03 above), whereupon the hearing shall be canceled.

§10.7.05 Forfeiture - Disposition of Property

In the even the Tribal Court orders forfeiture of any property seized under this Chapter, the Chief of Police shall issue notice of public sale of the seized property, and shall sell the property at public sale at the time and place indicated on such notice. Any funds received through payment under §10.7.03 above or the sale provided for in this section shall be turned over to the Tribal Council to defray the costs of the regulation of weapons on the Reservation and the enforcement of this Title.

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CHAPTER 8
Severability

If any provision of this Title or its application to any person or circumstance is held invalid, the remainder of this Title or the application of its provisions to other persons or circumstances shall not be affected.

RESOLUTION NO: 45-94__________________
DATE ENACTED: 2-24-94__________________
SUBJECT MATTER: Revised Law and Order Code: Title 1, Amendment

RESOLUTION NO. 45-94 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-Law of the Makah Indian Tribe approved on May 16, 1936 by the Secretary of the Interior; and

WHEREAS, Article VI, Section 1(i) empowers the Makah 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, morale, 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 an amendment to Title I, Section 1.10.04 Probation Officers, to improve judicial procedures of the Makah; Tribal Court and the administration of justice;

WHEREAS, pursuant to such review, the Makah Tribal Council has determined that the Juvenile Probation Officer position duties shall be separated from adult probation;

WHEREAS, the Makah Tribal Council has determined that it is in the best interest of the Makah Indian Tribe and the health and safety of tribal members, specifically Indian children, to revise the Law and Order Code to cause the Juvenile Officer functions to be administered out of the Makah Family Services Department of Community Services and the Adult Probation Officer out of the Tribal Court.

NOW THEREFORE BE IT RESOLVED the Makah Tribal Council hereby approves the revision of Title I.

BE IT FURTHER RESOLVED that Title I, Section 1.10.04 in RESOLUTION NO. 45-94 is amended.

Makah Tribal Council

By: _________________________
Hubert Markishtum, Chairman

Certification

The foregoing was adopted at a meeting held on 2-24-94 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 the sign the Resolution.

__________________________
JoDean Haupt, Tribal Secretary

IN REPLY REFER TO:

United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
MAKAH AGENCY
P.O. BOX 116
NEAH BAY, WASHINGTON 98357-0116

Memorandum

Date: September 30, 1999

Reply to
Attn of: Self-Governance Specialist, Makah Agency

Subject: MAKAH Tribal Council Resolution No. 208-99
Governing Makah Law and Order Code

To: Regional Director, Northwest Regional Office
Attn: Tribal Operations

Please find enclosed the encaptioned Resolution No. 208-99 adopted by the Tribal Council on August 16, 1999. I approved the resolution on September 30, 1999. The resolution adopts an amendment to the Makah Law and Order Code to add Title 11, a Domestic Violence Code, and adding to the Criminal Code, Chapter 1, Offenses to the Person, Section 5.1.l1 on Harassment and Section 5.1.11 on Stalking.

The resolution is provided for your review pursuant to Section 2 of Article VI of the Constitution and By-laws of the Makah Indian Tribe which provides:

If the Superintendent shall approve said ordinance or resolution it shall thereupon become effective, but the Superintendent shall transmit a copy of the same bearing his endorsement to the Secretary of the Interior who may within 90 days from the date of enactment rescind the said ordinance or resolution for any cause by notifying the tribal council of such decision.

If you have any questions on this matter, please do not hesitate to contact this office at
(360)645-3232.

/s/
Self-Governance Specialist

w/Enclosure

RESOLUTION NO: 208-99__________________

DATE ENACTED: August 16, 1999_____________

SUBJECT MATTER: Amendment to Makah Law & Order Code, Adding Title 11 Domestic Code and Amending Title 5: Criminal Code Chapter 1, Offenses Against the Person, Adding Section 5.1.10 Harassment; and Adding Section 5.1.11 Stalking

RESOLUTION NO. 208-99 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-Law of the Makah Indian Tribe approved on May 16, 1936 by the Secretary of the Interior; and

WHEREAS, Article VI, Section 1(i) empowers the Makah 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, morale, 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 a review of the Makah law and Order Code of the Makah Indian Tribe and as a result has caused to be drafted a Makah Domestic Violence 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 the Domestic Violence Code and amended subsections including Harassment and Stalking should be incorporated into the revised Makah Law and Order Code; and

WHEREAS, the Makah Tribal Council has determined that it is in the best interest of the Makah Indian Tribe and the health and safety of tribal members,and other persons who enter the Makah Indian Reservation with respect to both members and non-members of the Makah tribe who commit acts of domestic violence on the Makah Reservation.

NOW THEREFORE BE IT RESOLVED the Makah Tribal Council hereby approves the Domestic Violence Code, Title 11 and the addition of Title 5, Chapter 1, Subsection 5.1.10 Harassment and Title 5, Chapter 1, Subsection 5.1.11 Stalking for incorporation into the Makah Law & Order Code.

BE IT FURTHER RESOLVED that the revised Makah Law and Order Code adding Title 11, and adding to Title 5 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:

_________________________________
Ben Johnson, Jr., Chairman


Certification

The foregoing was adopted at a meeting held on August 16, 1999 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 the sign the Resolution.

_________________________________
JoDean Haupt-Richards
Tribal Secretary

APPROVED

______________________________________ ______________________________
Self-Governance Specialist       Date
BUREAU OF INDIAN AFFAIRS

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