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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-Laws of the Makah
Indian Tribe as approved on May 16, 1936 by the Secretary of the
Interior; and
WHEREAS, Article VI Section 1(i) empowers
the 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,
morals, 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 a revised Makah Law and Order 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 certain ordinances and
resolutions of the Makah Tribe should be incorporated into the
revised Law and Order Code; and
WHEREAS, the Makah Tribal Council has
determined that it is in the best interest of the Makah Tribe
and the health and safety of Tribal members and other persons
who enter the Makah Indian Reservation or who operate motor vehicles
within the boundaries of the Reservation that Title 7, Traffic
Code, of the Makah Law and Order and should be decriminalized
and provide for civil infractions and civil fines for minor traffic
infractions and to provide for a civil infraction procedure to
be utilized by the Tribal Court with respect to both members and
nonmembers of the Makah Tribe who commit traffic infractions on
the Makah Indian Reservation.
NOW THEREFORE BE IT RESOLVED the Makah
Tribal Council hereby approves the revised Makah Law and Order
Code of November 2, 1988; and
BE IT FURTHER RESOLVED that the following
ordinances and resolutions, which have been incorporated into
the revised Makah Law and Order Code, are hereby repealed:
1. Injunctive Relief Ordinance No. 33,
Resolution No. 68-79 dated April 23, 1979.
2. Long Arm Ordinance No. 33, Resolution
No. 19-83 dated November 8, 1982.
3. Exclusion Ordinance No. 6A, Resolution
No. 49-73 dated January 18, 1973.
4. Resolution No. 76-85 dated May 14,
1985 regarding enhanced DWI penalties.
BE IT FURTHER RESOLVED that Resolution
No. 59-86 dated April 15, 1986 is hereby repealed with respect
to adoption of the appellate procedures, but remains in full force
and effect with respect to the rules of appellate procedure adopted
therein; and
BE IT Further RESOLVED that the revised
Makah Law and Order Code and the repeal of the above identified
ordinances and resolutions 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: _________________________
Daniel P. Greene, Chairman
CERTIFICATION
The foregoing Resolution was adopted at
a meeting held on February 27, 1989, 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 to sign the Resolution..
__________________________
JoDean Haupt, Tribal Secretary
43:MISCLAW/REVL&O.RES
mn/110188
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