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March 2003 Edition
SUBCHAPTER I - EXCLUSION FROM THE NISQUALLY RESERVATION
Section 46.01 - Sovereign Power to Exclude
46.01.01 Persons Subject to Exclusion
Pursuant to the sovereign power of the Nisqually Indian Community to exclude
individuals from the Nisqually Indian Reservation, any person, other than enrolled
Tribal members, and owners or possessors of real property on the Nisqually Indian
Reservation, may be permanently excluded for any conduct, which if such conduct
has been committed by an Indian, would have been a violation of this Code.
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.
46.01.02 No Assertion of Criminal Jurisdiction over Non-Indians
In asserting its sovereign right to exclude persons from the Reservation, the
Nisqually Indian Community is not asserting criminal jurisdiction over non-Indians
for acts committed on the Nisqually Indian Reservation.
Historical and Statutory Notes
46.01.03 Exclusion Procedure
(a) Initiation of exclusion proceedings shall be the issuance by a Tribal Police
Officer, or other person appointed by the Tribal Court, of notice to the person
sought to be excluded, of a time and place for a hearing before the Tribal Court.
(b) At the time and place listed in the notice, the individual sought to be excluded must appear and show cause why he or she should not be permanently excluded from the Nisqually Indian Reservation.
(c) Notice shall be personally delivered, unless under the circumstances of the particular case, the Tribal Court allows notice by publication in a newspaper of general circulation in Thurston County.
Historical and Statutory Notes
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.
46.01.05 Enforcement
If the Tribal Court determines that an individual is permanently excluded, or
partially excluded with conditions, Tribal Police Officers, in accordance with
the Court's determination, have the authority to physically remove said person
to the exterior boundaries of the Nisqually Reservation if said excluded person
again enters onto the Nisqually Indian Reservation.
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.