Nisqually Tribal Code
March 2003 Edition
TITLE 46 - TRIBAL LANDS
SUBCHAPTER I - EXCLUSION FROM THE NISQUALLY RESERVATION
Section 46.01 - Sovereign Power to Exclude
46.01.01
Persons Subject to Exclusion
Pursuant to the sovereign power of the Nisqually Indian Community to
exclude individuals from the Nisqually Indian Reservation, any person,
other than enrolled Tribal members, and owners or possessors of real
property on the Nisqually Indian Reservation, may be permanently excluded
for any conduct, which if such conduct has been committed by an Indian,
would have been a violation of this Code.
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.
46.01.02 No Assertion of Criminal Jurisdiction over Non-Indians
In asserting its sovereign right to exclude persons from the Reservation,
the Nisqually Indian Community is not asserting criminal jurisdiction
over non-Indians for acts committed on the Nisqually Indian Reservation.
Historical and Statutory Notes
46.01.03 Exclusion Procedure
(a) Initiation of exclusion proceedings shall be the issuance by a Tribal
Police Officer, or other person appointed by the Tribal Court, of notice
to the person sought to be excluded, of a time and place for a hearing
before the Tribal Court.
(b) At the time and place listed in the notice, the individual sought to be excluded must appear and show cause why he or she should not be permanently excluded from the Nisqually Indian Reservation.
(c) Notice shall be personally delivered, unless under the circumstances of the particular case, the Tribal Court allows notice by publication in a newspaper of general circulation in Thurston County.
Historical and Statutory Notes
46.01.04 Determination of Exclusion
At an exclusion hearing, the Tribal Court may order an individual excluded permanently, partially excluded with conditions, or make a finding of non-exclusion.
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.
46.01.05 Enforcement
If the Tribal Court determines that an individual is permanently excluded,
or partially excluded with conditions, Tribal Police Officers, in accordance
with the Court's determination, have the authority to physically remove
said person to the exterior boundaries of the Nisqually Reservation
if said excluded person again enters onto the Nisqually Indian Reservation.
Historical and Statutory Notes
This section amended in 1991. Originally created by Ordinance 1-1979.
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