TITLE
10: WEAPONS CONTROL ORDINANCE
CHAPTER 1
Definitions
For the
purpose of this Title, unless the context clearly indicates other wise,
the following terms shall have the meanings ascribed to them in this
Chapter 1:
§10.1.01. "Weapon" means any weapon or device
capable of propelling a missile through the force of compressed air
or gas, or through the force of combustion or explosion of gun powder
or other chemical substance, or through the contraction or expansion
of any rubber band, string or spring, or similar device, and includes
compressed air rifles, pistols, sling shots and bows.
§10.1.02. "Law Enforcement Officer" means any
person who by virtue of his office or public employment is vested by
law with authority to maintain public order or to make arrests for offenses.
CHAPTER
2
Juveniles
§10.2.01.
It shall be unlawful for any person under eighteen (18) years of age
to use or possess a weapon; provided, that any juvenile sixteen (16)
years of age or older who has completed the Weapons Training Course
described in §10.3.01 below and has been awarded the Weapons Safety
Certificate the Chief of the Makah Tribal Police as provided in §10.3.01,
shall not be subject to the provisions of this §10.2.01.
CHAPTER
3
Weapons Safety Training Course
§10.3.01.
The Chief or the Makah Tribal Police is authorized and directed to establish
and conduct a Weapons Safety Training Course and to award a Weapons
Safety Certificate to any and all persons who satisfactorily completed
the course. Classes shall be conducted in accordance with recognized
weapons safety standards, shall be provided at no charge to enrolled
members of the Tribe, and shall commence during June of every year;
provided that such courses shall also commence at such other times as
the Council may hereafter direct.
CHAPTER
4
Target Range Established
§10.4.01.
A target range is hereby established at Koitlah Point as specifically
designated on the attached "Weapons Control
Map." Target shooting shall be permitted only during the daylight
hours.
CHAPTER
5
Prohibited Acts
§10.5.01.
Any person who, without lawful authority to do so, carried loaded weapon
in a vehicle on a public road, has on his person a weapon with intent
unlawfully to assault another, discharges any kind of weapon from, upon
or across any public highway, carries a weapon concealed upon his person,
threatens to use or exhibits a weapon in a dangerous and threatening
manner, or uses a weapon in a fight or quarrel, shall be deemed guilty
of a Class B offense.
§10.5.02. Any person who discharges any weapon or possesses
any loaded weapon in any area designated as "CLOSED" on the
attached Weapons Control Map, except a law enforcement officer in the
discharge of official duty, or an officer or member of the Armed Forces
of the United States or the National Guard in the discharge of official
duty, shall be a guilty of a Class C offense.
CHAPTER
6
Sanctions
§10.6.01
Criminal
Any person
subject to the criminal jurisdiction of the Makah Tribal Court who shall
violate the provisions of Chapter 5 of this Title shall be subject to
prosecution in accordance with the procedures set forth in Title 2 of
the Makah Law and Order, and if convicted shall be subject to the penalties
set forth in Title 5 of the Code.
§10.6.02
Juvenile
Any juvenile
subject to the jurisdiction of the Makah Juvenile Court who shall violate
the provisions of Chapter 2 or 5
of this Title shall be deemed guilty of a delinquent act. Procedures
and dispositional alternatives shall be governed by
Title 6 of the Makah Law and Order Code.
§10.6.03
Civil Exclusion
Any person
who is not subject to the criminal or juvenile jurisdiction of the Makah
Tribal Court who shall violate any of the provisions of this Title shall
be subject to exclusion from the Makah Reservation pursuant to Title
9 of the Law and Order Code.
CHAPTER
7
Seizure and Forfeiture
§10.7.01
Nature of Proceedings
The forfeiture
proceeding established in this Chapter is a civil in rem proceeding
established to protect tribal property and to safeguard the health,
safety and general welfare of the members of the Tribe, other residents
of the Reservation, and visitors to the Reservation by regulating the
use and disposition of weapons. It is remedial in nature and under the
conditions described below can be invoked to protect the Tribe from
the possession and use of weapons contrary to the provisions of this
Title.
§10.7.02
Seizure
Any tribal
law enforcement officer may seize without warrant any weapon or ammunition
which he has reason to believe has been used or possessed contrary to
the provisions of this Title, if:
- The
seizure is necessary to safeguard life and property from injury;
or
- There
is a special need for prompt action because it is likely that the
person using or possessing the weapon in violation of this Title
either will continue to do so, or will leave the Reservation and
not return.
The property
seized shall be itemized and taken to the office of the Chief of the
Makah Tribal Police and placed in the custody of the Makah Indian Tribe.
The officer making the seizure shall immediately notify the Court Clerk
and/or the Chief Judge of the Tribal Court.
§10.7.03
Redemption Before Hearing
At any
time after a seizure of property under §10.7.02 above, but before
the forfeiture hearing described in §10.7.04 below, the owner of
such property may secure its release by:
- providing
proof of ownership of such property; and
- making
payment in accordance with a schedule of money due for each prohibited
activity, which schedule shall have been approved by the Tribal
Council, and posted in a conspicuous location at the Makah Tribal
Court and Makah Tribal Police Station;
to the
Clerk of the Makah Tribal Court. Upon receipt of such proof of ownership
and such payment, the Clerk shall direct the Chief of Police to release
the seized property to its owner.
§10.7.04
Forfeiture Hearing
Unless
an extension is requested by the person from whom property was seized
under this Title, or by the owner of such property, the Tribal Court
shall hold a Forfeiture Hearing within ten (10) days after the seizure.
A minimum of five (5) days notice of the date, time and place of the
hearing shall be provided to the person from whom the property was seized,
and to anyone else timely requesting such notice. At the hearing the
Court shall determine whether the property was lawfully seized under
§10.7.02, and whether the property was in fact being used in violation
of this ordinance. If the Court answers both questions in the affirmative,
it shall order the property (or the payment made under §10.7.03
above) forfeited. If not, it shall order the property (or the payment
under §10.7.03 above) returned to its owner. The Tribal Prosecutor
shall represent the Tribe at the hearing and shall have the burden of
proof by a preponderance of the evidence. At any time prior to the hearing
the owner of the property may stipulate to forfeiture of the property
(or of the payment made under §10.7.03 above), whereupon the hearing
shall be canceled.
§10.7.05 Forfeiture - Disposition of Property
In the even the Tribal Court orders forfeiture of any property seized
under this Chapter, the Chief of Police shall issue notice of public
sale of the seized property, and shall sell the property at public sale
at the time and place indicated on such notice. Any funds received through
payment under §10.7.03 above or the sale provided for in this section
shall be turned over to the Tribal Council to defray the costs of the
regulation of weapons on the Reservation and the enforcement of this
Title.
[Map image
excluded]
CHAPTER
8
Severability
If any provision
of this Title or its application to any person or circumstance is held
invalid, the remainder of this Title or the application of its provisions
to other persons or circumstances shall not be affected.
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RESOLUTION NO: 45-94__________________
DATE ENACTED: 2-24-94__________________
SUBJECT MATTER: Revised Law and Order Code: Title 1, Amendment |
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RESOLUTION NO. 45-94 OF THE MAKAH TRIBAL COUNCIL
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WHEREAS, the Makah Tribal Council is the
governing body of the Makah Indian Tribe of the Makah Indian Reservation,
Washington, by authority of the Constitution and By-Law of the Makah
Indian Tribe approved on May 16, 1936 by the Secretary of the Interior;
and
WHEREAS, Article VI, Section 1(i)
empowers the Makah Tribal Council to promulgate and enforce ordinances
governing the conduct of members of the Makah Indian Tribe and providing
for the maintenance of law and order and the administration of justice;
and
WHEREAS, Article VI, Section 1(j)
empowers the Makah Tribal Council to safeguard and promote the peace,
safety, morale, and general welfare of the Makah Indian Tribe by
regulating the conduct of trade and the use and disposition of property
upon the Reservation; and
WHEREAS, in carrying out its powers
and responsibilities under the Makah Constitution, the Makah Tribal
Council has undertaken an extensive review of the Makah law and
Order Code and Ordinances of the Makah Indian Tribe, and as a result
has caused to be drafted an amendment to Title I, Section 1.10.04
Probation Officers, to improve judicial procedures of the Makah;
Tribal Court and the administration of justice;
WHEREAS, pursuant to such review,
the Makah Tribal Council has determined that the Juvenile Probation
Officer position duties shall be separated from adult probation;
WHEREAS, the Makah Tribal Council
has determined that it is in the best interest of the Makah Indian
Tribe and the health and safety of tribal members, specifically
Indian children, to revise the Law and Order Code to cause the Juvenile
Officer functions to be administered out of the Makah Family Services
Department of Community Services and the Adult Probation Officer
out of the Tribal Court.
NOW THEREFORE BE IT RESOLVED the Makah
Tribal Council hereby approves the revision of Title I.
BE IT FURTHER RESOLVED that Title
I, Section 1.10.04 in RESOLUTION NO. 45-94 is amended.
Makah Tribal Council
By: _________________________
Hubert Markishtum, Chairman
Certification
The foregoing was adopted at a meeting held
on 2-24-94 at which a quorum was present, and the Resolution
was adopted by a vote of 3 FOR and 0 AGAINST, the
Chairman or the Vice-Chairman in his absence being authorized the
sign the Resolution.
__________________________
JoDean Haupt, Tribal Secretary
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IN
REPLY REFER TO:
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
MAKAH AGENCY
P.O. BOX 116
NEAH BAY, WASHINGTON 98357-0116
Memorandum
Date:
September 30, 1999
Reply
to
Attn of: Self-Governance Specialist, Makah
Agency
Subject:
MAKAH Tribal Council Resolution No. 208-99
Governing
Makah Law and Order Code
To:
Regional Director, Northwest
Regional Office
Attn:
Tribal Operations
Please find enclosed the encaptioned Resolution No. 208-99 adopted
by the Tribal Council on August 16, 1999. I approved the resolution
on September 30, 1999. The resolution adopts an amendment to the
Makah Law and Order Code to add Title 11, a Domestic Violence
Code, and adding to the Criminal Code, Chapter 1, Offenses to
the Person, Section 5.1.l1 on Harassment and Section 5.1.11 on
Stalking.
The
resolution is provided for your review pursuant to Section 2 of
Article VI of the Constitution and By-laws of the Makah Indian
Tribe which provides:
If
the Superintendent shall approve said ordinance or resolution
it shall thereupon become effective, but the Superintendent
shall transmit a copy of the same bearing his endorsement
to the Secretary of the Interior who may within 90 days from
the date of enactment rescind the said ordinance or resolution
for any cause by notifying the tribal council of such decision.
If
you have any questions on this matter, please do not hesitate
to contact this office at
(360)645-3232.
/s/
Self-Governance Specialist
w/Enclosure
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RESOLUTION NO: 208-99__________________
DATE ENACTED: August 16, 1999_____________
SUBJECT MATTER: Amendment to Makah Law & Order Code, Adding
Title 11 Domestic Code and Amending Title 5: Criminal Code Chapter
1, Offenses Against the Person, Adding Section 5.1.10 Harassment;
and Adding Section 5.1.11 Stalking |
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RESOLUTION NO. 208-99 OF THE MAKAH TRIBAL COUNCIL
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WHEREAS, the Makah Tribal Council
is the governing body of the Makah Indian Tribe of the Makah Indian
Reservation, Washington, by authority of the Constitution and By-Law
of the Makah Indian Tribe approved on May 16, 1936 by the Secretary
of the Interior; and
WHEREAS, Article VI, Section 1(i)
empowers the Makah Tribal Council to promulgate and enforce ordinances
governing the conduct of members of the Makah Indian Tribe and providing
for the maintenance of law and order and the administration of justice;
and
WHEREAS, Article VI, Section 1(j)
empowers the Makah Tribal Council to safeguard and promote the peace,
safety, morale, and general welfare of the Makah Indian Tribe by
regulating the conduct of trade and the use and disposition of property
upon the Reservation; and
WHEREAS, in carrying out its powers
and responsibilities under the Makah Constitution, the Makah Tribal
Council has undertaken a review of the Makah law and Order Code
of the Makah Indian Tribe and as a result has caused to be drafted
a Makah Domestic Violence Code designed to modernize and improve
the law and order system on the Makah Indian Reservation, the Makah
Tribal Court and the administration of justice; and
WHEREAS, pursuant to such review,
the Makah Tribal Council has determined that the Domestic Violence
Code and amended subsections including Harassment and Stalking should
be incorporated into the revised Makah Law and Order Code; and
WHEREAS, the Makah Tribal Council
has determined that it is in the best interest of the Makah Indian
Tribe and the health and safety of tribal members,and other persons
who enter the Makah Indian Reservation with respect to both members
and non-members of the Makah tribe who commit acts of domestic violence
on the Makah Reservation.
NOW THEREFORE BE IT RESOLVED the Makah Tribal Council hereby approves
the Domestic Violence Code, Title 11 and the addition of Title 5,
Chapter 1, Subsection 5.1.10 Harassment and Title 5, Chapter 1,
Subsection 5.1.11 Stalking for incorporation into the Makah Law
& Order Code.
BE IT FURTHER RESOLVED that the revised
Makah Law and Order Code adding Title 11, and adding to Title 5
shall not become effective until this resolution and the revised
code are approved by the Secretary of the Interior pursuant to the
Constitution and By-laws of the Makah Indian Tribe.
MAKAH TRIBAL COUNCIL
BY:
_________________________________
Ben Johnson, Jr., Chairman
Certification
The foregoing was adopted at a meeting held
on August 16, 1999 at which a quorum was present, and the
Resolution was adopted by a vote of 4 FOR and 0 AGAINST,
the Chairman or the Vice-Chairman in his absence being authorized
the sign the Resolution.
_________________________________
JoDean Haupt-Richards
Tribal Secretary
APPROVED
______________________________________
______________________________
Self-Governance Specialist
Date
BUREAU OF INDIAN AFFAIRS
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