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2004
Chapter 1 – Preliminary Provisions
Sec.
4-01.010 Title
4-01.020 Authority
4-01.030 Purpose and Scope
4-01.040 Definitions
4-01.050 Tribal Criminal Jurisdiction
4-01.060 Nonwaiver of Sovereign Immunity
4-01.070 Custom/Other Law
4-01.080 Construction of Terms
4-01.090 General Principles
Legislative History
Enacted:
Repealed or Superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
Noted:
This note contains the general provisions from Ord. 156.
Ord. 156 (7/2/02). Section 1. Title
This Ordinance shall be known and referred to as the Swinomish Electronic Home Monitoring Amendment and may be cited as such.
Section 2. Constitutional AuthorityThis Ordinance is adopted pursuant to authority provided by the following provisions of the Swinomish Constitution and Bylaws, as amended on October 22, 1985:
Article VI, Sections 1(k), 1(l), 1(o) and 1(r) of the Swinomish Constitution.
Section 3. JurisdictionThe provisions of the Title shall apply to all persons and property subject to the governing authority of the Swinomish Indian Tribal Community as established by the Swinomish Tribal Constitution, By-Laws, and Ordinances.
Section 4. PurposeThe purpose of this Ordinance is to amend all tribal criminal sentencing provisions to allow for electronic home monitoring as an alternative to jail.
[Digitizer's note: Sections 5-7 not used.]
Section 8. Repeal of Conflicting OrdinancesAll former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance as adopted and amended herein are hereby repealed.
Section 9. SeverabilityThe Swinomish Indian Senate hereby declares that should any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid, it is the intent of Swinomish Indian Senate that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
Section 10. Effective DateThis Ordinance shall become effective immediately upon approval by the Secretary of the Interior or the Secretary’s designated representative.
4-01.010 Title.
This Title shall be known and may be cited as the “Swinomish Criminal Code”.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-01.020 Authority.
This Chapter is enacted pursuant to authority provided by Article VI, Sections 1(b), 1(i), 1(k), 1(l), and 1(r), and Article VI, Section 3 of the Swinomish Constitution.
[History] Ord. 184 (9/30/03).
4-01.030 Purpose and Scope.
The general purposes of these provisions governing the definition of offenses are:
(A) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or tribal interests;
(B) To give fair warning of the nature of the conduct declared to constitute an offense; and
(C) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-01.040 Definitions.
(A) Unless specifically stated otherwise in this Title, the meaning of the terms used in this Title shall be as follows:
(1) “Bodily injury” or “bodily harm” means physical pain or injury or illness, or an impairment of physical condition.
(2) “Child” means any person under the age of eighteen (18) years and not emancipated.
(3) “Dangerous weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article or substance, including a “vehicle” as defined in this section that under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily injury. The term “dangerous weapon” includes but is not limited to the following instruments: blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, any other firearm, any knife having a blade longer than three (3”) inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
(4) “Dwelling” means any building or structure, including movable or temporary, or a portion thereof, that is used or ordinarily used by a person for lodging.
(5) “Firearm” means a weapon or device from which a projectile may be fired by an explosive such as gunpowder, irrespective of whether it is temporarily inoperable due to disassembly.
(6) “Jail” means electronic home monitoring, incarceration, imprisonment or other form of detention.
(7) “Law enforcement officer” or “police officer” means an officer of the Swinomish Tribal police or other law enforcement personnel authorized by the Senate to enforce the laws of the Tribe.
(8) “Maliciously” means a desire to cause annoyance or harm of any kind.
(9) “Position of trust or authority” means, but is not limited to, the special authoritative or confidential relationships relating to the provision of
education, health care, any kind of counseling, coaching, religious advice, public safety services or other professional services.(10) “Public official” means any officer, employee, or representative of any tribal or other governmental organization or agency, including a tribal or other court, or any person acting in an official capacity for or on behalf of any tribal or other government organization, whether that official is paid to perform his or her official duties or not, and whether that official has a temporary or permanent position.
(11) “Public place” means any place to which the general public has unrestricted right of access, and which is generally used by the public, including by way of example, and not limited to, streets and alleys of incorporated cities and towns; state or county or tribal highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds and all other places of similar nature.
(12) “Recklessly” means being aware of a substantial risk and disregarding the risk when such disregard is a gross deviation from the conduct of a reasonable person.
(13) “Reservation” means all lands and waters within the exterior boundaries of the Swinomish Indian Reservation.
(14) “Serious or substantial bodily injury” means bodily injury that causes serious or substantial disfigurement (temporary or permanent) or that causes a serious or substantial loss or impairment (temporary or permanent) of the function of any bodily part or organ.
(15) “Sexual intercourse” means any genital-genital, oral-genital, oral-anal or anal-genital contact, and also includes any penetration, however slight, of the anal or genital opening of another, with any object or with any part of the body.
(16) “Sexual touching” means any touching of the sexual or other intimate parts of a person done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of abusing, humiliating, harassing, or degrading another person.
(17) “Sexually explicit conduct” means actual or simulated: sexual intercourse as defined in this Title; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the sexual or other intimate parts of a person.
(18) “Threat/Threaten” means a declaration by word or deed of one’s intention to inflict injury to the person, property, or rights of another.
(19) “Tribal Court” means the Swinomish Tribal Court.
(20) “Tribe” means the Swinomish Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian
Reorganization Act of 1934 (25 U. S. C. § 476).(21) “Unlawful force” means force that is without lawful authority (see definition below).
(22) “Vehicle” includes automobiles, cars, trucks, trailers, boats, airplanes, motorcycles and motor scooters, and other transportation devices.
(23) “Willfully” or “intentionally” means with the purpose of achieving a result that constitutes a crime.
(24) “Without lawful authority” means that no legitimate defense justifies the conduct in question. Legitimate defenses include, but are not limited to: reasonable force and/or detention by an enforcement officer; reasonable discipline by a parent; force reasonably used in self-defense, defense of another or to prevent the commission of a crime; retrieving property when a person knows he or she has the right to it; doing an act pursuant to a lawfully issued permit or government agency, authority or court order; implied invitation by a business and by public organization for members of the public with legitimate business to be on the premises during normal working hours; and exercising a protected legal or civil right. The absence of lawful authority may be inferred in appropriate circumstances unless the defendant asserts a legitimate defense.
(B) All other terms shall have their ordinary and customary meanings.
[History] Ord. 184 (9/30/03); Ord. 156 (7/2/02); Ord. 75 (4/2/91).
4-01.050 Tribal Criminal Jurisdiction.
(A) The Tribal Court shall have criminal jurisdiction on the Reservation over:
(1) All tribal members; and
(2) All other Indians in accordance with applicable Federal laws.
(B) The Tribal Court shall have criminal jurisdiction outside the Reservation over all tribal members with respect to the exercise of fishing, hunting and gathering rights on all usual and accustomed fishing grounds and stations of the Tribe, on all open and unclaimed lands reserved by treaty for hunting or gathering and on such other lands and waters as are necessary for access to these fishing, hunting and gathering sites.
[History] Ord. 184 (9/30/03); Ord. 154 (6/4/02); Ord. 75 (4/2/91).
4-01.060 Nonwaiver of Sovereign Immunity.
Nothing in this Title shall be deemed to constitute a waiver by the Swinomish Indian Tribal Community of its sovereignty, rights, powers, or privileges.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-01.070 Custom/Other Law.
(A) Where helpful to the fair and equitable disposition of criminal matters, the Tribal Court may inquire into the tribal customs and usages of the Swinomish Indian Tribal Community.
(B) As to any matters that are not covered by the codes, ordinances and resolutions of the Tribe, or by the traditional customs and usages of the Tribe, the Tribal Court may be guided by common law as developed by other tribal, state or federal courts.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-01.080 Construction of Terms.
The terms and provisions of this Title shall be construed according to the fair import of their terms, but when the language is susceptible to differing construction, it shall be interpreted to further the general purposes stated in this Title. Where a term is not defined herein, it shall be given its ordinary meaning. Any reference to “he,” “him” or other masculine terms shall include male and female persons. Any reference to a singular term includes the plural.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-01.090 General Principles.
(A) Aiding and Abetting -Accomplice Liability. Any person who intentionally assists in or encourages the commission of an offense is guilty of commission of that offense. Adults who assist minors in the commission of an offense commit a separate offense defined in Section 4-07.020 below.
(B) Attempts. Whenever some other section of this Title specifically addresses an attempt to commit an offense, that more specific section shall apply. When the issue of attempt is not specifically addressed, any person who attempts to commit a Class A or Class B offense shall be punished under the next lower class of offense than the completed offense. If a Class C offense is attempted, the attempt is also a Class C
offense.(C) Capacity. Children under the age of eight (8) years of age are incapable of committing a crime.
(D) Conspiracy. Any person who with intent that conduct constituting an offense be performed, agrees with one or more persons to commit the offense and any one of them takes a substantial step in pursuance of such agreement, is guilty of conspiracy to commit that offense. Conspiracy is classified at the same level of offense as the offense that is the subject of the agreement.
(E) Solicitation of an Offense. Any person who intentionally offers to pay or otherwise give a thing of value to another to encourage the commission of a crime or attempt to commit a crime commits the offense of solicitation of an offense. Solicitation is classified at the same level of offense as the offense that is the subject of the solicitation.
[History] Ord. 184 (9/30/03); Ord 75 (4/2/91).
Chapter 2 – Offenses Against Persons
Sec.
4-02.010 Abduction (Kidnapping)
4-02.020 Assault
4-02.030 Custodial Interference
4-02.040 Harassment
4-02.050 Manslaughter
4-02.060 Murder
4-02.070 Reckless Endangerment
4-02.080 Drive-by Shooting
4-02.090 Coercion
4-02.100 Stalking
4-02.110 Interfering with the Reporting of Domestic Violence
4-02.120 Violation of Domestic Violence Protection Order
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-02.010 Abduction (Kidnapping).
(A) Any person who shall willfully restrain, detain, confine or take away another person against his or her will without lawful authority, or without the consent of the parent or other person having lawful care or charge of him or her if such person be under the age of eighteen (18) commits the crime of abduction.
(B) For the purposes of this Section, “restrain” means to restrict a person’s movements without consent and without legal authority in a manner that interferes substantially with his or her liberty. Restraint is “without consent” if it is accomplished by (1) physical force, intimidation or deception, or (2) any means including acquiescence of the victim, if he is a child less then sixteen (16) years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.
(C) Abduction is a Class A offense when any of the following circumstances are present:
(1) The defendant’s purpose is to interfere with or obstruct a public official's performance of his or her official duties;
(2) A ransom or reward is demanded;
(3) The victim is used as a shield or hostage;
(4) Bodily injury or extreme mental distress is inflicted on the victim;
(5) The defendant’s purpose is to inflict extreme mental distress on the victim or a third person;
(6) The defendant’s intent is to facilitate the commission of another Class A offense or flight from that offense;
(7) The victim is under the age of eighteen (18) or is an incompetent person;
(8) The victim is secreted or held in a place where he or she is not likely to be found; or
(9) Deadly force is used or threatened.
(D) Abduction is a Class B offense whenever physical force not amounting to deadly force, intimidation, or deception is used.
(E) Abduction is a Class C offense if none of the circumstances defined above as a Class A or Class B offense is present.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.020 Assault.
(A) A person commits the crime of assault if the person does any of the following:
(1) attempts with unlawful force to inflict bodily injury upon another;
(2) without consent touches, strikes, cuts, shoots or poisons the person or body of another;
(3) intentionally, with unlawful force, creates in another a reasonable apprehension and fear of bodily injury even though the infliction of bodily
injury was not actually intended; or(4) by threatening violence causes another to harm himself.
(B) Assault is a Class A offense when any of the following circumstances are present:
(1) use of a firearm or other dangerous weapon or any means likely to produce death or threaten life;
(2) intent to kill;
(3) intent to commit another Class A offense;
(4) serious or substantial bodily injury results;
(5) serious or substantial bodily injury is caused to an unborn child by inflicting any injury upon the mother of such child;
(6) severe pain or agony equivalent to torture is inflicted; or
(7) use of poison or any other destructive or noxious substance with intent to inflict serious or substantial bodily harm.
(C) Assault is a Class B offense when any of the following circumstances are present:
(1) intent to prevent or resist the execution of any lawful tribal court order;
(2) intent to prevent or resist a lawful arrest or detention by a law enforcement officer;
(3) the assault was committed upon any public official, including an enforcement officer, who was performing his or her official duties at the time of the assault;
(4) any bodily harm accompanied by substantial pain is inflicted;
(5) use of poison or any other destructive or noxious substance with intent to inflict bodily harm;
(6) use of a weapon or other instrument or thing likely to produce bodily harm;
(7) intent to commit a Class B offense; or
(8) the assault is in violation of a domestic violence protection order issued pursuant to STC Chapter 7-11.
(D) Assault is a Class C offense whenever an assault is committed and none of the circumstances making it a Class A or B offense as defined above are present, or whenever the offense does not constitute harassment.
[History] Ord. 184 (9/30/03); Ord. 142 (9/12/00); Ord. 75 (4/2/91).
4-02.030 Custodial Interference.
(A) Any person who, with intent to deny access to a child or to an incompetent adult by a person having the lawful right of custody to that child or incompetent adult, detains or conceals the child or incompetent adult, commits the offense of custodial interference.
(B) Custodial interference is a Class A offense if any of the following circumstances are present:
(1) physical injury or extreme mental distress results or is risked from the offense;
(2) if a threat of injury or deadly force is used; or
(3) if permanent deprivation of the child or incompetent adult is intended.
(C) Commission of custodial interference is a Class B offense when none of the circumstances making it a Class A offense as defined in Subsection (B) are present.
(D) A threat to commit custodial interference is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.040 Harassment.
(A) A person commits the crime of harassment if that person:
(1) without lawful authority knowingly threatens any of the following:
(a) to cause bodily injury in the future to any person;
(b) to cause damage to property;
(c) to subject a person to confinement or restraint; or
(d) to take any action intended to threaten the physical or mental health or safety of a person; and
(2) by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
(B) Harassment is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.050 Manslaughter.
(A) Any person who kills another human being upon a sudden quarrel or in the heat of passion, or with reckless disregard for the consequences of his or her actions, or during the commission of or in attempt to commit or in flight from commission of a Class C offense, commits the crime of manslaughter.
(B) Manslaughter is a Class A offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.060 Murder.
(A) Any person who intentionally and without lawful justification kills another human being, or with extreme indifference to the consequences of his or her actions kills another human being, or kills another human being during the commissions of or in an attempt to commit or in flight from commission of another Class A or Class B offense, commits the crime of murder.
(B) Murder is a Class A offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.070 Reckless Endangerment.
(A) Any person who recklessly engages in conduct that creates a substantial risk of death or bodily injury to a person commits the crime of reckless endangerment.
(B) Reckless endangerment is a Class A offense if it involves the use of a firearm or other dangerous weapon, or if serious injury or death to a person results.
(C) Reckless endangerment is a Class B offense if a child or incompetent adult is endangered or if injury to a person results.
(D) Reckless endangerment is a Class C offense when none of the circumstances making it a Class A or Class B offense are present.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-02.080 Drive-by Shooting.
(A) A person is guilty of drive-by shooting when he or she recklessly discharges a firearm in a manner that creates a substantial risk of death or serious physical injury to another person and the firearm is discharged either from a vehicle or from the immediate area of a vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge.
(B) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(C) Drive-by shooting is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 143 (9/12/00).
4-02.090 Coercion.
(A) A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct that the latter has a legal right to abstain from, or to abstain from conduct that he or she has a legal right to engage in.
(B) “Threat”, as used in this Section, means to communicate, directly or indirectly, the intent:
(1) to immediately use force against any person who is present at the time;
(2) to cause bodily injury in the future to the person threatened or to any other person;
(3) to cause physical damage to the property of a person other than the person making the threat; or
(4) to subject the person threatened or any other person to physical confinement or restraint.
(C) Coercion is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 143 (9/12/00).
4-02.100 Stalking.
(A) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to an attempt to commit any Class A offense:
(1) He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(2) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person would experience under all the same circumstances; and
(3) The stalker either:
(a) Intends to frighten, intimidate, or harass the person; or
(b) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the
person in fear or intimidate or harass the person.(B) It is not a defense to the crime of stalking:
(1) Under Subsection (A)(3)(a) of this Section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and
(2) Under Subsection (A)(3)(b) of this Section that the stalker did not intend to frighten, intimidate, or harass the person.
(C) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by RCW 18.165.
(D) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person.
(E) A person who stalks another person is guilty of a Class C offense except that the person is guilty of a Class B offense if any of the following applies:
(1) the stalker has previously been convicted in the Tribal Court, in Washington State or any other state of any crime of harassment, as defined in STC Section 4-02.050 or RCW 9A.46.060 or similar statute of another jurisdiction, of the same victim or members of the victim's family or household or any person specifically named in a protective order;
(2) the stalking violates any protective order protecting the person being stalked;
(3) the stalker has previously been convicted of a Class B or C offense under this Section or of a gross misdemeanor or felony stalking offense under Washington State law for stalking another person;
(4) the stalker was armed with a dangerous weapon, while stalking the person;
(5) the stalker's victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator, or community corrections officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or
(6) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.
(F) As used in the Section:
(1) “Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
(2) “Harasses” means engaging in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, harasses, or is detrimental to such person, and that serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the victim, or, when the course of conduct is contact by a person over age eighteen (18) that would cause a reasonable parent to fear for the well-being of their child.
(3) “Protective order” means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or
communication with, or physical proximity to another person, including, but not limited to a Domestic Violence Protection Order issued pursuant to STC Chapter 7-08.(4) “Repeatedly” means on two (2) or more separate occasions.
[History] Ord. 184 (9/30/03); Ord. 143 (9/12/00).
4-02.110 Interfering with the Reporting of Domestic Violence.
(A) A person commits the crime of interfering with the reporting of domestic violence if the person:
(1) Commits a crime of domestic violence. For purposes of this Section, a crime of domestic violence means any of the following crimes or offenses, when committed against one or more “family or household members” as defined in STC Section 7-11.040:
(a) Assault Class A, B & C / STC Section 4-02.020;
(b) Drive-by Shooting / STC Section 4-02.080;
(c) Reckless Endangerment Class A, B & C / STC Section 4-02.070;
(d) Coercion / STC Section 4-02.090;
(e) Burglary Class A, B & C / STC Section 4-04.010;
(f) Criminal Trespass Class B & C / STC Section 4-04.070;
(g) Malicious Mischief Class B & C / STC Section 4-04.080;
(h) Abduction Class A, B & C / STC Section 4-02.010;
(i) Violation of the provisions of any protective order or restraining order issues by a court;
(j) Abusive Sexual Intercourse (Rape) / STC Section 4-03.010; or
(k) Stalking Class B & C / STC Section 4-02.100; and
(2) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
(B) Commission of a crime of domestic violence under Subsection (A) (1) of this Section is a necessary element of the crime of interfering with the reporting of domestic violence.
(C) Interference with the reporting of domestic violence is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 143 (9/12/00).
4-02.120 Violation of a Domestic Violence Protection Order.
(A) Whenever an order for protection is granted under the Swinomish Domestic Violence Chapter 7-11 and the respondent or person to be restrained knows of the order, a violation of the order is a Class C offense except as provided in Subsections (B) and (C) of this Section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring and
be responsible for the costs of such monitoring.(B) Any assault that is a violation of an order issued under Chapter 7-11, Domestic Violence, and does not amount to a Class A offense under this Chapter is a Class B offense, and any conduct in violation of such a protective order that is reckless and creates a substantial risk of death or serious bodily injury to another person is a Class B offense.
(C) A violation of an order for protection issued under the Swinomish Domestic Violence Chapter 7-11 is a Class B offense if the offender has at least two (2) prior convictions for violating the provisions of an order for protection issued under that Chapter, or any federal, state or tribal order that is comparable to a protection order issued under Swinomish law. The previous conviction may involve the same victim or other victims specifically protected by the protection orders the offender violated.
[History] Ord. 184 (9/30/03); Ord. 142 (9/12/00).
Chapter 3 – Sexual Offenses
Sec.
4-03.010 Abusive Sexual Intercourse (Rape)
4-03.020 Abusive Sexual Touching
4-03.030 Defense to Abusive Sexual Intercourse and Abusive Sexual Touching
4-03.040 Indecent Exposure
4-03.050 Possession of Child Pornography
4-03.060 Prostitution and Profiting from Prostitution
4-03.070 Sexual Exploitation of Children
4-03.080 Sexually Transmitted Diseases
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not in tribal records.]
4-03.010 Abusive Sexual Intercourse (Rape).
(A) Any person who knowingly engages in, causes, or attempts to cause, another person to engage in sexual intercourse, as defined in Section 4-01.030(F), in any one of the following circumstances commits the crime of abusive sexual intercourse:
(1) by using force against the other person;
(2) by threatening or placing the other person in fear;
(3) when the other person is a child under the age of sixteen (16) and not married to the defendant;
(4) when the other person is rendered unconscious or physically or mentally incapable of declining participation or communicating unwillingness to engage in sexual intercourse for any reason including physical handicap, mental disease, mental disability, alcohol or drug intoxication;
(5) when the defendant is in a position of trust or authority with respect to the other person, and takes advantage of that position to cause sexual intercourse;
(6) when the defendant is related to the victim as an ancestor, descendant, or sibling; or
(7) when the defendant is related to the victim in a familial relationship defined by tribal custom as one in which sexual intercourse is prohibited.
(B) Abusive sexual intercourse is a Class A offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.020 Abusive Sexual Touching.
(A) Any person who knowingly engages in, causes or attempts sexual touching, as defined in Section 4-01.030(G), with or by another person in any one of the following circumstances commits the crime of abusive sexual touching:
(1) by using force against the other person;
(2) by threatening or placing the other person in fear;
(3) when the other person is a child under the age of sixteen (16);
(4) when the other person is rendered unconscious or physically or mentally incapable of declining participation or communicating unwillingness to engage in sexual intercourse for any reason including physical handicap, mental disease, mental disability, alcohol or drug intoxication;
(5) when the defendant is in a position of trust or authority with respect to the other person, and takes advantage of that position to cause sexual touching; or
(6) when the defendant is related to the victim as an ancestor, descendant, or sibling.
(B) Abusive sexual touching is a Class A offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.030 Defense to Abusive Sexual Intercourse and Abusive Sexual Touching.
(A) Consent is a defense to abusive sexual intercourse and abusive sexual touching.
(B) All persons under the age of sixteen (16) years shall be deemed incapable of consenting to sexual intercourse or sexual touching.
(C) Persons of any age may be considered incapable of consent due to physical or mental disability, whether temporary or permanent.
(D) Where age is the only basis on which the conduct giving rise to these charges is considered nonconsensual, the defendant may assert as a defense that the offense is of a lower class or non-criminal based on either:
(1) the closeness in age between the victim and defendant; or
(2) on the defendant’s reasonable belief in the closeness of age between the victim and defendant, considering the circumstances as a whole.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.040 Indecent Exposure.
(A) Any person who intentionally indecently exposes himself or herself to another knowing that such conduct is likely to cause reasonable affront or alarm commits the offense of indecent exposure.
(B) Indecent exposure is a Class B offense if the victim is under age fourteen (14); otherwise, it is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.050 Possession of Child Pornography.
Any person possessing visual or printed material depicting a minor engaged in sexually explicit conduct commits a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.060 Prostitution and Profiting from Prostitution.
(A) Any person who engages in or agrees or offers to engage in sexual conduct with another person in return for a fee or other benefit commits the offense of prostitution. “Sexual conduct” means sexual intercourse or sexual touching as defined in Section 4-01.040.
(B) Prostitution is a Class C offense.
(C) Any person who encourages a child under the age of eighteen (18) to engage in prostitution commits a Class A offense.
(D) Any person who knowingly profits from or attempts to profit from the commission of prostitution by another commits a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.070 Sexual Exploitation of Minors.
(A) A person is guilty of sexual exploitation of minors if the person, for the purpose of producing any visual depiction of sexually explicit conduct or for the purpose of sexual gratification:
(1) employs, uses, persuades, induces, entices, or coerces any person under age eighteen (18) to engage in sexually explicit conduct;
(2) causes a person under eighteen (18) to assist any other person to engage in sexually explicit conduct; or
(3) in any way willfully aids a person under eighteen (18) to engage in sexually explicit conduct.
(B) Sexual exploitation of a minor is a Class A offense.
(C) Any person who willfully assists in the production or distribution of a visual depiction of sexually explicit conduct by a minor also commits the Class A offense of sexual exploitation of children.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-03.080 Sexually Transmitted Diseases.
(A) Any person who, knowing that he or she is infected with a sexually transmitted disease, engages in conduct likely to transmit the disease to others without the knowledge and consent of the other person, commits a Class C offense, unless the disease is life-threatening in which case a Class A offense is committed.
(B) For purposes of this Section “sexually transmitted disease” means a bacterial, viral, fungal, or parasitic disease, determined by accepted medical practice to be sexually transmitted. This shall include, but not be limited to chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 4 – Offenses Involving Property
Sec.
4-04.010 Burglary
4-04.020 Theft (includes crimes of embezzlement and fraud)
4-04.030 Forgery
4-04.040 Extortion
4-04.050 Robbery
4-04.060 Possession of Stolen Property
4-04.070 Trespass
4-04.080 Malicious Mischief
4-04.090 Taking a Vehicle without Permission
4-04.100 Bad Checks
4-04.110 Arson
Legislative History
Enacted:
Repealed or Superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” have not been located.]
4-04.010 Burglary.
(A) Any person who without lawful authority and with intent to commit a crime enters or remains in any of the following: a dwelling; a building; a fenced area; any structure used for lodging of persons or for carrying on business therein; any structure used to contain, sell or deposit goods; any cargo container or railway car; a boat; an airplane; any motor vehicle, commits the crime of burglary.
(B) Burglary is a Class A offense whenever any of the following circumstances exist:
(1) a dwelling or tribal property is involved;
(2) if the area or structure is occupied by other people at the time of the offense involved;
(3) if a dangerous weapon is involved;
(4) if assault or attempted assault occurs during the offense; or
(5) if $1,500.00 damage or more to property is involved.
(C) Burglary is a Class B offense whenever circumstances for Class A offense are not present.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.020 Theft (includes crimes of embezzlement and fraud).
(A) A person commits the crime of theft if the person does any of the following:
(1) wrongfully obtains or exerts unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services;
(2) by color or aid of deception obtains control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(3) appropriates lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
(B) Theft is a Class A offense when either of the following circumstances are present:
(1) the value of the property or services involved is $1,500.00 or more; or
(2) property is taken directly from the person of another.
(C) Theft is a Class B offense when none of the circumstances defined above as a Class A offense are present and any of the following circumstances are present:
(1) theft of an access card or credit card is involved;
(2) theft of a vehicle or boat is involved;
(3) the value of the property or services involved is $250.00 or more, but less than the value required for a Class A theft;
(4) theft of a firearm is involved;
(5) theft of tribal or other public property is involved; or
(6) theft of livestock is involved.
(D) Theft is a Class C offense when none of the circumstances defined above as a Class A or Class B offense are present.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.030 Forgery.
(A) Any person who, with intent to defraud, falsely signs, executes, completes, makes or alters any written instrument, or in any way represents as true a written instrument that he or she knows to be forged, commits the crime of forgery. It is not necessary that any thing of value be actually obtained.
(B) Forgery is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.040 Extortion.
(A) Any person who willfully obtains or attempts to obtain monies, goods, property or any thing else of value, or services, or sexual favors by threat against another person, under circumstances not constituting the offense of robbery, commits the offense of extortion. Threat includes the making of false charges against another person.
(B) Extortion is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.050 Robbery.
(A) Any person who by force or violence or fear or intimidation takes from the person or presence of another anything of value commits the crime of robbery. It is not necessary that the person robbed knew of the taking if such knowledge was prevented by the use of force or fear.
(B) Robbery is a Class A offense if any of the following circumstances are present:
(1) a dangerous weapon;
(2) the infliction of any bodily injury or substantial emotional distress; or
(3) the destruction of property valued at more than $1,500.00.
(C) In all other circumstances, robbery is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.060 Possession of Stolen Property.
(A) Any person who receives, retains, possesses, conceals, sells or disposes of stolen property, or aids in such conduct, knowing that the property is obtained by theft, robbery, extortion, forgery or burglary, commits the offense of possession of stolen property.
(B) Possession of stolen property is a Class A offense when the value of the property involved is over $1,500.00.
(C) Possession of stolen property is a Class B offense when the value of the property involved is over $500.00, or when a stolen credit card, access device, vehicle, firearm, or tribal property is involved.
(D) If none of the factors set out in Section (B) or (C) are present possession of stolen property is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.070 Trespass.
(A) Any person who, without lawful authority knowingly enters, goes upon, passes over, or remains on any land, premises, or other property belonging to another, or who knowingly allows livestock to occupy or graze on property of another, commits the offense of trespass.
(B) Property of another includes, but is not limited to, property belonging to any private or public person, group, organization, corporation, governmental body, agency, or business.
(C) Trespass is a Class C offense but is a Class B offense for conduct involving a dwelling.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.080 Malicious Mischief.
(A) Any person who maliciously disturbs, damages, injures, or destroys any property belonging to another commits the offense of malicious mischief.
(B) Malicious mischief is a Class B offense when the amount of damage caused is over $250.00, or animals or tribal property are involved, or damage to special religious or cultural property or gravesites is involved.
(C) If none of the factors set out in Section (B) are present, malicious mischief is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.090 Taking a Vehicle without Permission.
Any person who, without permission of the owner or person entitled to possession thereof, intentionally takes or drives or rides in or otherwise participates in moving any vehicle commits the Class B offense of taking a vehicle without permission.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.100 Bad Checks.
(A) Any person who with intent to defraud makes, draws or delivers to another person any check or draft, on a bank or other depository for the payment of money, knowing that he or she has insufficient funds in or credit with such bank or depository, to meet the check or draft in full upon its presentation, commits the offense of writing a bad check.
(B) Writing a bad check is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-04.110 Arson.
(A) Any person who willfully causes a fire or explosion that damages any building, structure, vessel, vehicle or other property, without lawful authority, commits the crime of arson.
(B) Arson is a Class A offense when any of the following circumstances are present: danger to any human life, including firemen, or causes $1,500.00 damage or more to any building or tribal property.
(C) Arson is a Class B offense when any of the following circumstances are present: damage to any building or damage to any property.
(D) Arson is a Class C offense when none of the circumstances making it a Class A or B offense are present.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 5 – Offenses Involving Weapons
Sec.
4-05.010 Carrying Concealed Weapon
4-05.020 Carrying Firearm While Under the Influence of Alcohol or Drugs
4-05.030 Unlawful Display or Discharge of a Weapon
4-05.040 Unlawful Possession of a Firearm
4-05.050 Weapons in Vehicles
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not in tribal records.]
4-05.010 Carrying Concealed Weapon.
(A) Any person who goes about in public places armed with a dangerous weapon or firearm concealed upon his or her person, without having a current valid concealed weapons permit issued by the Tribe or another jurisdiction, commits the Class B offense of carrying a concealed weapon.
(B) Tribal law enforcement officers are exempted from this section.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-05.020 Carrying a Firearm While Under the Influence of Alcohol or Drugs.
Any person, whether he or she has a concealed weapons permit or not, who carries a firearm on his or her person while under the influence of alcohol or drugs commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-05.030 Unlawful Display or Discharge of a Weapon.
(A) Any person who carries, exhibits, displays, discharges or draws any firearm or other weapon apparently capable of producing bodily harm, in a manner, and under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of others commits the offense of unlawful display of a weapon.
(B) Unlawful display or discharge of a weapon is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-05.040 Unlawful Possession of a Firearm.
(A) Any person who fits one or more of the following categories and who possesses a firearm commits the crime of unlawful possession of a firearm:
(1) a person with one or more outstanding warrants for a crime of violence from a court of any jurisdiction;
(2) a person who has been convicted by a court of any jurisdiction of an attempt or commission of a crime of violence;
(3) a person charged with or awaiting sentencing for or on appeal from conviction of a crime of violence in a court of any jurisdiction;
(4) a person who has been ruled mentally incompetent by a court of any jurisdiction; or
(5) a person under fourteen (14) years of age not under the direct supervision of an adult.
(B) A “crime of violence” for purposes of this Section has its ordinary meaning and includes domestic violence, child abuse, any crimes where a firearm is displayed, and any crime involving the unlawful use of force.
(C) Unlawful possession of a firearm is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-05.050 Weapons in Vehicles.
Any person who knowingly leaves a firearm, except an unloaded rifle or shotgun, or other dangerous weapon unattended in an unlocked vehicle, where it is visible from the outside of the vehicle commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 6 – Offenses Involving Public Peace and Health
Sec.
4-06.010 Disorderly Conduct
4-06.020 False Alarm
4-06.030 Product Tampering
4-06.040 Opening or Consuming Alcoholic Beverage in Public Place
Legislative History
Enacted:
Amended:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not in tribal records.]
4-06.010 Disorderly Conduct.
(A) A person commits the crime of disorderly conduct when he or she:
(1) engages in fighting or uses abusive language thereby intentionally creating a risk of assault;
(2) disturbs or disrupts any public, private or religious gathering without lawful authority;
(3) appears in a public place or private place other than a residence belonging to him or her, under the influence of alcohol and in a disorderly condition;
(4) intentionally obstructs vehicular or pedestrian traffic without lawful authority;
(5) intentionally uses words or conduct in an effort to provoke another person to assault or batter anyone; or
(6) without lawful authority, intentionally interferes with the participation or enjoyment by another person of a funeral, religious or fraternal gathering, sporting event, bingo or other tribal business activity, tribal court proceeding, tribal ceremony, festivity or event, or any other public and lawful community gathering or meeting.
(B) For purposes of this section “disorderly condition” means acting contrary to the rules of good order and behavior that is violative of the public peace.
(C) Disorderly conduct is a Class C offense.
(D) No person who is exercising a protected civil right may be arrested or convicted under this Section.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-06.020 False Alarm.
Any person who, intentionally and without reasonable grounds to believe an emergency exists, sends, gives, transmits or sounds any false alarm by means of any public or private alarm signal or system or by telephone commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-06.030 Product Tampering.
(A) A person commits the crime of product tampering if the person, without lawful authority, with intent or reckless disregard, tampers with a product intended for human or animal use, in a manner that threatens public health or is likely to cause bodily injury, bodily harm or illness.
(B) Product tampering is a Class B offense unless the injury, harm or illness involved is life-threatening in which case a Class A offense is committed.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-06.040 Opening or Consuming an Alcoholic Beverage in a Public Place.
(A) No person shall open a package containing an alcoholic beverage or consume an alcoholic beverage in a public place.
(B) Any person who violates any provision of this Section commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 132 (1/5/99).
4-06.050 Public Disturbance Noises.
(A) No person shall knowingly cause or make, and no person in possession of property shall knowingly allow or originate from the property, unreasonable noise that disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a tribal police officer. No act which is done or maintained under or in connection with tribal authority can be deemed unreasonable noise. “Unreasonable noise” shall include the following sounds or combination of sounds:
(1) Loud and raucous, and frequent, repetitive, or continuous sounds made by any animal, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels shall be exempt from this Subsection; Provided, that notwithstanding any other provision of this Chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer or if the animal is a repeat violator of this Subsection, the animal shall be impounded, subject to redemption in the manner provided by Chapter 10-03;
(2) Loud and raucous, and frequent, repetitive, or continuous sounds made by any horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law;
(3) Loud and raucous, and frequent, repetitive, or continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine;
(4) Loud or raucous, and frequent, repetitive, or continuous sounds created by use of a musical instrument, or other device capable of producing sound when struck by an object, a whistle, or a sound amplifier or other device capable of producing, amplifying, or reproducing sound; and
(5) Loud and raucous, and frequent, repetitive, or continuous sounds made by the amplified or unamplified human voice between the hours of ten (10:00) p.m. and seven (7:00) a.m. The content of the speech shall not be considered against any person in determining a violation of this Subsection.
(B) Any person who violates any provision of this Section commits a Class C offense.
[History] Ord. 213 (1/12/04).
Chapter 7 – Offenses Involving Children
Sec.
4-07.010 Alcohol Consumption or Possession by a Minor
4-07.020 Contributing to the Commission of an Offense by a Minor
4-07.030 Criminal Neglect
4-07.040 Criminal Abuse of Children and Abuse of Dependent or Developmentally Disabled Adults
4-07.050 Curfew for Minors
4-07.060 Special Considerations for Offenses Involving Children
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not in tribal records.]
4-07.010 Alcohol Consumption or Possession by a Minor.
Any person under the age of twenty-one (21) who consumes or has in his or her possession any alcoholic beverage, or who appears to have consumed alcohol as evidenced by the person’s speech, appearance, odor, behavior, or motor abilities, so that it is reasonable to infer recent consumption of alcohol, commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-07.020 Contributing to the Commission of an Offense by a Minor.
(A) Any adult who intentionally assists in or encourages the commission of an offense by a minor, or who recruits, solicits, conspires with, or enlists the participation of, a minor with regard to obtaining the minor’s participation in an offense, commits a separate offense in addition to the offense(s) committed by the adult’s accomplice.
(B) The adult commits a Class A “contributing” offense if the child’s offense is a Class A or Class B offense.
(C) The adult commits a Class B “contributing” offense if the child’s offense is a Class C offense.
(D) The adult commits a Class C “contributing” offense if the child’s conduct is a civil infraction.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-07.030 Criminal Neglect.
(A) Any person who refuses or neglects to furnish food, shelter, supervision, or care to a child for whose care he or she is responsible, or who otherwise neglects a child, as determined in the Title 8 Juvenile Code commits the crime of criminal neglect.
(B) Criminal neglect is:
(1) a Class A offense if the neglect is life-threatening;
(2) a Class B offense if the neglect risks or causes serious injury or illness; or
(3) a Class C offense whenever none of the circumstances making it a class A or B offense as defined above are present.
(C) “Care” includes sending a child to school when school attendance is legally required.
(D) The definition of “neglect” shall be interpreted broadly to protect the best interest of the child.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-07.040 Criminal Abuse of Children and Abuse of Dependent or Developmentally
Disabled Adults.
(A) Any person who inflicts abuse as defined in Title 8 Juvenile Code or Title 7 Domestic Relations upon a child for whom he or she is responsible, or upon a dependent, or developmentally disabled adult for whom he or she is responsible, under circumstances not constituting an assault, commits a Class C offense.
(B) “Abuse” for purposes of this section includes non-accidental bodily injury, cruel mental distress, and sexual abuse and exploitation.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-07.050 Curfew for Minors.
(A) It is a Class C offense for any child under the age of eighteen (18) to be in any public place on any weekday (Sunday through Thursday) evening after the hour of 10:00 p.m. and before the hour of 6:00 a.m. and on any weekend (Friday or Saturday) evening after the hour of 12:00 a.m. and before the hour of 6:00 a.m., unless the child is under the direct supervision of a parent, guardian, or other responsible person who
is at least twenty-one (21) years of age.(B) For a child who violates curfew, a law enforcement officer may take the child into custody and place the child in juvenile detention or emergency shelter care if they are unable to contact the parents, guardians or other adult person responsible for the child, or if the parents, guardians or other adult responsible for the child is unable or unwilling to provide the necessary care and supervision for the child.
(C) Nothing in this Section shall prevent the prosecution of any child taken into custody under the provisions of these sections for any other crime the child may have committed.
(D) A child who violates curfew may also be made a delinquent ward of the tribal juvenile court.
(E) The parent, guardian, or other person legally responsible for a child who has violated curfew at a time when the parent, guardian or legally responsible person knew or in the exercise of his or her parental responsibilities should have known that the child was committing a curfew offense and did not take appropriate steps to prevent the offense commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-07.060 Special Considerations for Offenses Involving Children.
If the defendant is a minor, the Swinomish Juvenile Title shall be referred to for other applicable penalties and procedures. Dependency proceedings and other proceedings for temporary or permanent removal and custody of the child may be concurrent with any proceedings involving offenses under this Chapter.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 8 – Offenses Involving Animals
Sec.
4-08.010 Cruelty to Animals
4-08.020 Menacing or Damage by Animals
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-08.010 Cruelty to Animals.
(A) Any person who tortures or cruelly mistreats or neglects any animal commits the offense of cruelty to animals.
(B) Cruelty to animals is a Class B offense if a risk of serious injury to the animal is involved; otherwise it is a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-08.020 Menacing or Damage by Animals.
(A) Any person who owns or has custody of and cares for an animal of another and knowingly permits the animal to menace another person by causing him or her reasonable fear of harm or actual harm commits the offense of menacing by animals.
(B) Any person who owns or has custody of and cares for an animal of another and knowingly fails to reasonably control the animal and as a result the animal causes damage to property of another commits the offense of damage by animals.
(C) The first offense of menacing or damage by animals is a Class C offense, but repeated conduct of this type involving the same animal will constitute a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 9 – Offenses Involving Tribal Government
Sec.
4-09.010 Bail Jumping
4-09.020 Bribery
4-09.030 Criminal Contempt of Court
4-09.040 Escape
4-09.050 False Reports
4-09.060 Intimidation of Witnesses, Jurors, Judges and Public Officials
4-09.070 Obstruction of Public Officials Including Enforcement Officers
4-09.080 Perjury
4-09.090 Refusing to Aid an Officer
4-09.100 Resisting Lawful Arrest
4-09.110 Disobeying Tribal Fish and Game Officers
4-09.120 Failure to Appear in Court for Fish and Game Citation
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note: Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-09.010 Bail Jumping.
Any person who has been released by court order, including release on personal recognizance, or allowed to post bail but is required to make subsequent personal appearances in court, and who willfully fails to make subsequent court appearances as required, commits the Class B offense of bail jumping.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.020 Bribery.
(A) A person commits the crime of bribery if the person either:
(1) with intent to secure a particular result in a particular matter involving the exercise of any public official’s vote, opinion, judgment, exercise of
discretion, or other action in his or her official capacity, offers, confers, agrees to confer, or promises anything of value to such public official; or(2) being a public official, requests, accepts, or agrees to accept anything of value, pursuant to an agreement, promise or understanding that his or her vote, opinion, judgment, exercise of discretion, or other official action as a public official will be used to secure or attempt to secure a particular result in a particular matter.
(B) Bribery is a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.030 Criminal Contempt of Court.
(A) Any person who willfully disobeys any order, subpoena, summons, warrant or command duly issued, made or given by the Tribal Court or any authorized officer thereof, commits a Class C offense.
(B) Contempt of Court shall include committing violence in the courtroom, appearing in court while under the influence of alcohol or drugs, or repeatedly using insulting or vulgar language in the presence of the court.
(C) Contempt of court that occurs in the presence of the court may be punished summarily, whereby the court shall prepare a written order stating the contemptuous act, adjudging the guilt of the offender and the punishment imposed.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.040 Escape.
(A) Any person who is in lawful government custody following an arrest for an offense, either prior to trial, while attending court proceedings, or while being punished for an offense, who escapes from such custody or who willfully attempts, assists or permits such escape, commits a Class B offense.
(B) For the purposes of this Section, “arrest” occurs when an enforcement officer deprives a person of his or her liberty, by physical force, threat of force, or conduct implying force will be used, and the officer intends to make an arrest.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.050 False Reports.
Any person who intentionally submits a false report to any tribal agency, including a law enforcement agency, commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.060 Intimidation of Witnesses, Jurors, Judges and Public Officials.
Any person who by use of a threat, without lawful authority, intentionally attempts to influence the conduct of a witness, juror, judge or any public official, commits a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.070 Obstruction of Public Officials Including Enforcement Officers.
Any person who willfully hinders, delays, or obstructs any public official, including an enforcement officer, in the performance of his or her official duties or powers, or willfully fails to comply with or refuses to comply with the lawful order of a public official, including any enforcement officer, commits a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.080 Perjury.
Any person who in any official tribal matter, including tribal court proceedings, after having sworn to tell the truth or otherwise being under oath, intentionally makes a materially false statement, orally or in writing, commits a Class B offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.090 Refusing to Aid an Officer.
Any person who, when requested by an enforcement officer to assist in the lawful arrest of another person, or to assist an enforcement officer, firefighter or medic in any other official duty including summoning aid, intentionally refuses or neglects such reasonable assistance, commits a Class C offense, unless serious bodily injury or death results, in which case a Class A offense is committed.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.100 Resisting Lawful Arrest.
Any person who intentionally prevents or attempts to prevent an enforcement officer from lawfully arresting him or her, or who intentionally flees from an enforcement officer with intent to prevent a lawful arrest or detention, commits a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-09.110 Disobeying Tribal Fish and Game Officers.
Any person who disobeys a lawful command of a Fish and Game Enforcement Officer, given in the performance of the agent’s duties is guilty of a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 59 (1/10/89).
4-09.120 Failure to Appear in Court for Fish and Game Citation.
Any person who fails to appear in tribal court at the time and place specified in a citation, summons, notice, order or other lawful document issued in enforcement of the Natural Resources Title is guilty of a Class C offense.
[History] Ord. 184 (9/30/03); Ord. 59 (1/10/89).
Chapter 10 – Offenses Involving Controlled Substances
Sec.
4-10.010 Definitions
4-10.020 Controlled Substances That Are Illegal Without a Valid Prescription
4-10.030 Proof of Chemical Composition
4-10.040 Elements of Offense and Penalties
4-10.050 Seizure of Vehicles Used in Controlled Substance Violations
Legislative History
Enacted:
Amended:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-10.010 Definitions.
All terms used in this Chapter shall be given their commonly accepted meaning or as defined in Section 4-01.040. If there is any doubt as to the meaning of a term, the court shall be guided by the definitions contained in RCW 69.50, et. seq., as currently in effect (copy attached) or as later amended. Nothing in this Chapter shall be construed to make illegal an act that is legal under the Uniform Controlled Substances Act.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-10.020 Controlled Substances That Are Illegal Without a Valid Prescription.
(A) Any substance that contains any quantity of a chemical that falls within the following categories is illegal to possess without a valid prescription:
(1) Opiates including but not limited to substances commonly known as opium, heroin, morphine, methadone and codeine;
(2) Hallucinogenic substances including but not limited to substances commonly known as DMA, LSD, PCP, mescaline, peyote, and psilocybin;
(3) Marijuana;
(4) Cocaine in any form including but not limited to the powder and the rock or “crack” form;
(5) Depressants including but not limited to methaqualone, diazepam (Valium), secobarbital and pentobarbital; and
(6) Stimulants including but not limited to any form of amphetamine.
(B) If there is any doubt as to whether a substance is illegal or not, the court shall be guided by the provisions of RCW 69.50, Schedule I through V, attached hereto.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-10.030 Proof of Chemical Composition.
The chemical composition of a substance may be proven by any acceptable method of identification, including, but not limited to, identification by a trained officer, by certified field tests or by certified laboratory tests.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-10.040 Elements of Offense and Penalties.
(A) Possession of any amount of a substance listed in Section 4-10.020 is a Class B offense.
(B) Any person who manufactures, delivers, or possesses with intent to deliver or manufacture any of the substances listed in Section 4-10.020 shall be found guilty of and sentenced for a Class A offense.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-10.050 Seizure of Vehicles Used in Controlled Substance Violations.
(A) Forfeiture of interest. The interest of the legal owner or owners of record of any vehicle used to transport unlawfully a controlled substance, or in which a controlled substance is unlawfully kept, deposited, used, or concealed, or in which a narcotic is unlawfully possessed by an occupant, shall be forfeited to the Swinomish Indian Tribal Community.
(B) Police officer to seize vehicle. Any peace officer making or attempting to make an arrest for a violation of this Chapter may seize the vehicle used to transport unlawfully a controlled substance, or in which a controlled substance is unlawfully kept, deposited, used, or concealed, or unlawfully possessed by an occupant and shall immediately deliver the vehicle to the tribal police chief, to be held as evidence until forfeiture is declared or a release ordered.
(C) Police officer to file notice of seizure. A peace officer who seizes a vehicle under the provisions of this Section shall file notice of seizure and intention to institute forfeiture proceedings with the clerk of the Tribal Court and the clerk shall serve notice thereof on all owners of the vehicle, by one of the following methods:
(1) Upon an owner or claimant whose right, title or interest is of record in the division of motor vehicles of the state in which the automobile is licensed, by mailing a copy of the notice by registered mail to the address on the records of the division of motor vehicles of said state;
(2) Upon an owner or claimant whose name and address are known, by mailing a copy of the notice by registered mail to his last known address; or
(3) Upon an owner or claimant, whose address is unknown but who is believed to have an interest in the vehicle, by publication in one issue of a local newspaper of suitable size and general circulation.
(D) Owner’s answer to notice. Within twenty (20) days after the mailing or publication of a notice of seizure, as provided by Subsection (C) hereof, the owner of the seized vehicle may file a verified answer to the allegation of the use of the vehicle contained in the notice of seizure and of the intended forfeiture proceedings.
(E) Procedure for hearing.
(1) If a verified answer to the notice given as prescribed by this Section is not filed within twenty (20) days after the mailing or publication thereof, the court shall hear evidence upon the charge of unlawful use of the vehicle, and upon motion shall order the vehicle forfeited to the Swinomish Indian Tribal Community.
(2) If a verified answer is filed, the forfeiture proceedings shall be set for a hearing on a day not less than thirty (30) days after the answer is filed, and the proceedings shall have priority over other civil cases. Notice of the hearing shall be given in the manner provided for service of the notice of seizure.
(3) At the hearing any owner or claimant who has a verified answer on file may show by competent evidence that the vehicle was not used to transport controlled substances illegally, or that a controlled substance was not unlawfully possessed by an occupant of the vehicle, or that the vehicle was not used as a depository or place of concealment for a controlled substance.
(4) A claimant of any right, title or interest in the vehicle may prove his or her lien, mortgage or conditional sales contract to be bona fide, and that his or her right, title, or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the purchaser, and without knowledge that the vehicle was being, or was to be used for the purpose charged; but no person who has the lien dependent upon possession for the compensation to which he or she is legally entitled for making repairs or performing labor upon and furnishing supplies and materials for, and for the storage, repairs, safekeeping of any vehicle, and no person doing business under any law of any state or the United States relating to banks, trust companies, credit unions or licensed pawnbrokers or money lenders or regularly engaged in the business of selling vehicles shall be required to prove that his or her right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the owner, purchaser, or person in possession of the vehicle when it was brought
to the claimant.(F) Judgment.
(1) If proper proof is presented at the hearing, the Tribal Court shall order the vehicle released to the bona fide owner, lien holder, mortgagee or vendor, if the amount due him or her is equal to or in excess of the value of the vehicle as of the date of seizure, it being the purpose of this Section to forfeit only the right, title or interest of the purchaser.
(2) If the amount due a claimant or claimants is less than the value of the vehicle, the vehicle shall be sold at public auction by the tribal police chief after due and proper notice has been given.
(3) If no such claimant exists, and the confiscating agency wishes to retain the vehicle for its official use, it may do so. If such vehicle is not to be retained, it shall be disposed of as provided in Subsection 4-10.050(F)(2) of this Section.
[History] Ord. 206 (12/18/03); Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 11 – Offenses Involving Drug Paraphernalia
Sec.
4-11.010 Definitions
4-11.020 Identification
4-11.030 Possession of Drug Paraphernalia
4-11.040 Manufacture or Delivery of Drug Paraphernalia
4-11.050 Advertisement of Drug Paraphernalia
4-11.060 Penalties
4-11.070 Nuisance
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-11.010 Definitions.
The term “drug paraphernalia” means all equipment, products and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Chapter 4-10. It includes, but is not limited to:
(A) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived;
(B) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(C) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;
(D) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
(E) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannito, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(G) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(H) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(I) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including but not limited to:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
(6) Miniature cocaine spoons, and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillum;
(12) Bongs; and
(13) Ice pipes or chillers;
(J) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designated for use in compounding controlled substances;
(K) Capsules, balloons, envelopes and other containers used, intended for use, or designated for use in packaging small quantities of controlled substances; and
(L) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances as defined in this Title.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.020 Identification.
In determining whether an object is drug paraphernalia, the Tribal Court or other authority should consider, in addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its use;
(B) Prior convictions, if any, of an owner or of anyone in control of the object, under any tribal, state or federal law relating to any controlled substance;
(C) The proximity of the object, in time and space, to a direct violation of the Swinomish Criminal Code;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances on the object;
(F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of Swinomish Law or the Uniform Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of said Laws or Act shall not prevent a finding that the object is intended for use as drug paraphernalia;
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object that explain or depict its use;
(I) National and local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(L) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
(M) The existence and scope of legitimate uses for the object in the community; and/or
(N) Expert testimony concerning its use.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.030 Possession of Drug Paraphernalia.
It is unlawful for any person to use, or to possess with intent to use, any item of drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.040 Manufacture or Delivery of Drug Paraphernalia.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any item of drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inject, inhale, or otherwise introduce into the human body a controlled substance.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.050 Advertisement of Drug Paraphernalia.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, or to display on any poster, readerboard or billboard or sign of any sort, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement or display, in whole or in part, is to promote the sale of any object designed or intended for use as drug paraphernalia.
[History] Ord. 184. (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.060 Penalties.
Any person who possesses, manufactures, delivers or promotes the sale of drug paraphernalia shall be found guilty of a Class C offense.
[History] Ord. 184. (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
4-11.070 Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place, public or private, of any devices, contrivances, instruments or paraphernalia, including all items defined as drug paraphernalia in Section 4-11.010, that are primarily designed for, or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs, is hereby declared to be a public nuisance and may be abated by the Tribe.
[History] Ord. 184. (9/30/03); Ord. 75 (4/2/91); Ord. 70 (5/1/90).
Chapter 12 – Sentencing
Sec.
4-12.010 General Conditions
4-12.020 Classes of Offenses
4-12.030 Determining Factors
4-12.040 Restitution
4-12.050 Recovery Jail Costs
4-12.060 Probation
4-12.070 Violation of Probation
Legislative History
Enacted:
Amended:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-12.010 General Conditions.
(A) Any person who has been convicted by the Tribal Court of a violation of a provision of this Title for which a penalty may be imposed, may be fined and/or sentenced by the court to serve time in jail and/or sentenced to work for the benefit of the community.
(B) No fine or time served shall exceed the maximum period set for the offense in this Title or elsewhere in the Swinomish Tribal Code.
(C) Any work done for the benefit of the community shall be done under the supervision of an authorized agent of the Tribe.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-12.020 Classes of Offenses.
(A) Any person convicted of a Class A offense shall be subject to a sentence of up to one (1) year in jail and/or a fine up to $5,000.00 and/or community service.
(B) Any person convicted of a Class B offense shall be subject to a sentence of up to six (6) months in jail and/or a fine of up to $2,500.00 and/or community service.
(C) Any person convicted of a Class C offense shall be subject to a sentence of up to thirty (30) days in jail and/or a fine of up to $500.00 and/or community service.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-12.030 Determining Factors.
(A) In determining the character and duration of the sentence to be imposed, the Tribal Court shall take into consideration the following factors:
(1) the previous conduct of the defendant;
(2) the circumstances under which the offense was committed;
(3) whether the offense was malicious or willful; and
(4) whether the offender has attempted to make amends and the extent of the defendant’s resources and the needs of his or her dependents and the needs of the victims, if any.
(B) The penalties listed above are maximum penalties, which are intended to be imposed in extreme cases only.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-12.040 Restitution.
In addition to any other sentence, the Tribal Court may require an offender who has injured the person or property of any individual, including any natural person, corporation, trust, unincorporated association, partnership, and federal, state, local or tribal government, agencies or subdivisions thereof, to make restitution or to compensate the party injured through the surrender of property, the payment of money damages or the performance of any other act for the benefit of the injured party.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-12.050 Recovery of Costs of Jail.
(A) The court shall assess all individuals sentenced to jail a fee for the costs of their incarceration.
(B) In the event such costs are not reimbursed to the Tribe in either money or agreed upon community service, the costs shall become a civil money judgment in favor of the Tribe and may be executed as any other outstanding judgment including, but not limited to, garnishment of wages and seizure of property.
[History] Ord. 184 (9/30/03); Res. 98-4-69 (4/8/98).
4-12.060 Probation.
Where a sentence has been imposed upon any person, the Tribal Court may in its discretion suspend the sentence and place the offender on probation pursuant to conditions set by the Court and agreed to by the offender.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-12.070 Violation of Probation.
Any person who violates any conditions of probation may be required to serve the original sentence.
[History] Ord. 205 (12/1/03); Ord. 184 (9/30/03); Ord. 75 (4/2/91).
Chapter 13 – Repealer & Severability
Sec.
4-13.010 Repealer
4-13.020 Severability
4-13.030 Effective Date
Legislative History
Enacted:
Repealed or superseded:
[Ed. Note. Ordinance 1 is undated and adopts the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935 as part of the fundamental law governing the Swinomish Reservation. The referenced “regulations” are not located in tribal records.]
4-13.010 Repealer.
This Title repeals and supersedes Swinomish Tribal Criminal Offenses Ordinances 156, 154, 143, 75, 39 and Ordinance No. 32, Article XIII.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-13.020 Severability.
If any provision of this Title or its application to any person or circumstance is held invalid, the remainder of the Title, or the application of the provision to other persons or circumstances is not affected and to this end the provisions of this Title are declared to be severable.
[History] Ord. 184 (9/30/03); Ord. 75 (4/2/91).
4-13.030 Effective Date.
This Title shall become effective thirty (30) days after approval by the Secretary of the Interior or the Secretary’s designated representative.
[History] Ord. 184 (9/30/03).