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Last amended: 2005
| ORDINANCE NO: | 2 -95 |
| DATE APPROVED: | March 6, 1995 |
| SUBJECT: | Firearms in Populated Locations |
| WHEREAS | the Hoopa Valley Tribe adopted a Constitution and Bylaws on
June 20, 1972, approved by the Commissioner of Indian Affairs on August
18, 1972, and ratified and confirmed by Congress, § 8, PL 100-580 [1988];
|
| WHEREAS | Article V of the Hoopa Constitution establishes a Hoopa
Valley Tribal Council as the governing body of the Tribe. |
| WHEREAS | Article IX of the Hoopa Constitution grants to the Tribal
Council the power and the duty: to administer tribal property [Section
1( a)]; and to safeguard and promote the peace, safety, morals and general
welfare of enrolled members of the Hoopa Valley Tribe [Section 1( l)];
|
| WHEREAS | the Hoopa Valley Tribe, through its governing body, retains
the inherent sovereign authority to regulate the location and manner of
using firearms on the Hoopa Valley Indian Reservation; |
| WHEREAS | the Tribal Council has received numerous complaints of discharging,
brandishing and carrying loaded firearms in or nearby populated locations
of the Hoopa Valley Indian Reservation; |
| WHEREAS | the Humboldt County Sheriff's Department and the Humboldt
County District Attorney's Office have not invoked California law to assure
the safety, health, welfare and economic security of persons resident on
the Hoopa Valley Indian Reservation at risk and in harm's way by the actions
of irresponsible persons discharging, brandishing and carrying loaded firearms
in or nearby populated locations of the Hoopa Valley Indian Reservation;
|
| WHEREAS | the unregulated discharging, brandishing and carrying
of loaded firearms in or nearby populated locations of the Hoopa Valley
Indian Reservation presents a continuing threat to the safety, health,
welfare and economic security of Tribal members and the Tribe; |
| WHEREAS | the reported incidents of discharging, brandishing and carrying
of loaded firearms in or near populated locations of the Hoopa Valley Indian
Reservation have lately increased and are reasonably likely to so continue;
|
| WHEREAS | the vast majority of population on the Hoopa Valley Indian
Reservation resides or carries on business within one mile on either side
of the Trinity River's course through the Hoopa Valley Indian Reservation;
and |
| WHEREAS | in light of the recitals herein and the information on
which they are grounded, the Tribal Council finds and hereby determines
that there is an immediate threat to the Tribe, its Enrolled tribal members
and its resources and assets, and further that emergency regulation is
called for to eliminate or to at least reduce the risk of harm to Hoopa
children, women and men by the unregulated discharge, brandishing and
carrying of loaded firearms within one mile of either side of the Trinity
River's course through the Hoopa Valley Indian Reservation. |
| THEREFORE BE IT RESOLVED THAT | it shall be a civil offense for any person, while within
the exterior boundaries of the Hoopa Valley Reservation:
|
| THEREFORE BE FURTHER RESOLVED THAT | the Hoopa Tribal Department of Public Safety shall enforce
this Ordinance by citing alleged violators to the Hoopa Valley Tribal Court
and by impounding the subject firearms pending a hearing; the Hoopa Valley
Tribal Court shall afford the alleged violator notice and an opportunity
to be heard no later than 45 days following issuance of the citation; if
the Hoopa Valley Tribal Court finds by a preponderance of the evidence that
a violation of this Ordinance has occurred, then the violator shall be subjected
to a civil fine not to exceed $2,000 and a confiscation of the subject firearms
for not less than 90 days. |
| THEREFORE BE IT FINALLY RESOLVED THAT | this Ordinance is not intended, nor shall it be so interpreted, to infringe on the right of Hoopa Tribal members either to fish and hunt or to defend their children, spouses or themselves against intruders. |
CERTIFICATION
| I, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify that the Hoopa Valley Tribal Council is composed of eight (8) members of which five (5) were present, constituting a quorum by regular meeting thereof; duly and regularly called, noticed, convened and adopted by a vote of four (4) in favor, zero (0) opposed and zero (0) abstaining, and that said resolution has not been rescinded or amended or modified in any way. Dated this 6th day of March, 1995. |
|
_____________________________ Dale Risling, Sr., Chairman Hoopa Valley Tribal Council |
|
| Attest:________________________ |
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FIREARMS ORDINANCE
TITLE 38 HVT