Squaxin Island Tribal Code
Title 1. General Provisions
Squaxin Code 1.01.020
1.01.020. Code name--Reference
Squaxin Is. Tribal Code 1.01.020
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.020. Code name--Reference
A. This code shall be known as the “Squaxin Island Tribal Code” and it shall be sufficient to refer to this code as the “Squaxin Island Tribal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any resolution adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Squaxin Island Tribal Code.” Reference may be made to the titles, chapters, sections and subsections of the “Squaxin Island Tribal Code” and such references shall apply to those titles, chapters, sections or subsections as they appear in the code.
B. Whenever a reference is made to this code as the “Squaxin Island Tribal Code” or to any portion thereof, or to any resolution of the Squaxin Island Tribe, codified herein, the reference shall apply to all amendments, corrections, additions, repealers or substitutions heretofore, now or hereafter made.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.020, Squaxin Code 1.01.020
Current through Oct. 25, 2010
Squaxin Code 1.01.030
1.01.030. Headings--Effect
Squaxin Is. Tribal Code 1.01.030
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.030. Headings--Effect
Title, chapter and section headings contained herein shall not have any interpretive value nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.030, Squaxin Code 1.01.030
Current through Oct. 25, 2010
Squaxin Code 1.01.040
1.01.040. Matters of record--Effect of code adoption
Squaxin Is. Tribal Code 1.01.040
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.040. Matters of record--Effect of code adoption
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with resolutions which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.040, Squaxin Code 1.01.040
Current through Oct. 25, 2010
Squaxin Code 1.01.050
1.01.050. Prior resolutions and ordinances
Squaxin Is. Tribal Code 1.01.050
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.050. Prior resolutions and ordinances
A. This code compiles, edits and incorporates all resolutions which originally enacted portions of the “Squaxin Island Tribal Code,” and amendments thereto, through Resolution 96-69. Through the compiling and editing process, grammatical, spelling and capitalization errors in the ordinances originally adopted by resolution have been corrected, and amendments have been incorporated, but substantive changes have not been made. Therefore, as the ordinances adopted by the following resolutions are incorporated in the Tribal Code adopted by this resolution, the following resolutions are repealed:
B. Several ordinances adopted by resolutions, which have been superseded or implicitly repealed by later ordinances, were never officially repealed, thereby creating confusion and possible conflicts of law; and that because the subject matter of these ordinances is now covered by the Squaxin Island Tribal Code, and the Tribal Council wishes to avoid the further confusion which may be created by the continued viability of the older ordinances on the same subject, the following resolutions are repealed:
And all those ordinances and resolutions adopted prior to the adoption of Resolution 96-69, not here identified, whose subject matter is now covered by the Squaxin Island Tribal Code.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.050, Squaxin Code 1.01.050
Current through Oct. 25, 2010
Squaxin Code 1.01.060
1.01.060. Conflicting provisions resolution
Squaxin Is. Tribal Code 1.01.060
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.060. Conflicting provisions resolution
Where there is any conflict or disparity between the Squaxin Island Tribal Code and ordinances or resolutions adopted prior to the adoption of Resolution 96-69, this code will supersede.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.060, Squaxin Code 1.01.060
Current through Oct. 25, 2010
Squaxin Code 1.01.070
1.01.070. Effect on prior actions
Squaxin Is. Tribal Code 1.01.070
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.070. Effect on prior actions
The adoption of this code does not affect prosecutions for resolution violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid of the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any resolution.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.070, Squaxin Code 1.01.070
Current through Oct. 25, 2010
Squaxin Code 1.01.080
1.01.080. Severability of provisions
Squaxin Is. Tribal Code 1.01.080
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.080. Severability of provisions
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.080, Squaxin Code 1.01.080
Current through Oct. 25, 2010
Squaxin Code 1.01.090
1.01.090. References contained in other documents
Squaxin Is. Tribal Code 1.01.090
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.090. References contained in other documents
References in tribal forms, documents and regulations to the chapters and sections of the former tribal codes shall be construed to apply to the corresponding provisions contained within this code.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.090, Squaxin Code 1.01.090
Current through Oct. 25, 2010
Squaxin Code 1.01.100
1.01.100. Squaxin Tribal Code adopted
Squaxin Is. Tribal Code 1.01.100
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.01. Code Adoption
1.01.100. Squaxin Tribal Code adopted
The Squaxin Island Tribal Council adopts the “Squaxin Island Tribal Code” as compiled and amended, including the general provisions thereof.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.01.100, Squaxin Code 1.01.100
Current through Oct. 25, 2010
Squaxin Code 1.04.010
1.04.010. Disposition of ordinances and resolutions
Squaxin Is. Tribal Code 1.04.010
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.010. Disposition of ordinances and resolutions
Prior to the adoption of this code, the laws of the Squaxin Island Tribe were passed by the Tribal Council as a series of ordinances and resolutions, many of which impliedly or explicitly superseded or repealed earlier ordinances and resolutions. Each of the resolutions and ordinances passed by the Tribal Council is listed in the Resolution List and Disposition Table to this code, along with the disposition of each ordinance and resolution. For those ordinances and resolutions which have been codified by the adoption of this code, the code sections herein supersede any and all earlier adopted resolutions and ordinances on the same topic. For those ordinances and resolutions which have not been codified by the adoption of this code, all earlier adopted resolutions and ordinances remain in effect to the extent they are neither repealed nor superseded.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.010, Squaxin Code 1.04.010
Current through Oct. 25, 2010
Squaxin Code 1.04.020
1.04.020. Interpretation--General principles
Squaxin Is. Tribal Code 1.04.020
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.020. Interpretation--General principles
A. All laws of the Squaxin Island Tribe are to be interpreted with reference to and in accordance with the written laws and common law of the Squaxin Island Tribe, supplemented by introduction of evidence of custom and tradition as appropriate. All other sources of law, whether federal, Washington State, other states, other tribes, or the laws of any other jurisdiction, have no binding or precedential effect on the interpretation or application of the laws of the Squaxin Island Tribe, except to the extent that such laws are made binding on the Squaxin Island Tribe under its Constitution, the United States Constitution, the Treaty of Medicine Creek or the explicit language of an ordinance or resolution of the Squaxin Island Tribe. However, the Squaxin Island Tribal Court may consult the laws of other jurisdictions as it deems necessary or appropriate where there is no Squaxin Island Code, ordinance, resolution or common law on the subject, or as otherwise helpful to interpret existing Squaxin Island laws.
B. Where the Squaxin Island Tribe has adopted code language identical or very similar to the law of another jurisdiction, or where the Squaxin Island Tribe has adopted the law of another jurisdiction by reference to that law, the common law of that jurisdiction is expressly not adopted as binding or even persuasive precedent for the interpretation or application of that law. All laws adopted by the Squaxin Island Tribe shall be interpreted and applied in accordance with the preceding paragraph.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.020, Squaxin Code 1.04.020
Current through Oct. 25, 2010
Squaxin Code 1.04.030
1.04.030. Definitions
Squaxin Is. Tribal Code 1.04.030
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.030. Definitions
The following terms, whenever used or referred to in this code, or in any ordinance or resolution of the Tribal Council, whether or not codified, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“Council” means the duly elected Tribal Council of the Squaxin Island Tribe.
“Federal government” includes the United States of America, and any agency or instrumentality, corporate or otherwise, of the United States of America.
“Indian country,” consistent with the meaning given in 18 U.S.C. § 1151 means:
1. All land within the limits of the Squaxin Island Indian Reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; and
2. All Indian allotments or other lands held in trust for a Squaxin Island Tribal member or the Tribe, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
“May” is permissive.
“Member,” with reference to the Squaxin Island Tribe, means an individual who has been enrolled or adopted by the Squaxin Island Tribe as recorded on the official role of the Squaxin Island Tribe. For purposes of the jurisdiction of the Squaxin Island Tribe, persons eligible for membership shall include any viable fetus who, if already born, would otherwise satisfy membership eligibility criteria.
“Must” and “shall” are each mandatory.
“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, tribe, or the manager, lessee, agent, servant, officer or employee of any of them.
“Squaxin Island Reservation” means lands lying within the exterior boundaries, or those lands proclaimed as having the same status as within the boundaries, of the Squaxin Island Indian Reservation, including trust and fee land.
“Tribal Council” means the Tribal Council of the Squaxin Island Tribe.
“Tribe” means the Squaxin Island Tribe.
“Written” or “in writing” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form, but does not include information in electronic form.
“Year” means a calendar year.
(Res. 07-31 § 1; Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.030, Squaxin Code 1.04.030
Current through Oct. 25, 2010
Squaxin Code 1.04.040
1.04.040. Interpretation of language
Squaxin Is. Tribal Code 1.04.040
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.040. Interpretation of language
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.040, Squaxin Code 1.04.040
Current through Oct. 25, 2010
Squaxin Code 1.04.050
1.04.050. Grammatical interpretation
Squaxin Is. Tribal Code 1.04.050
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.050. Grammatical interpretation
The following grammatical rules shall apply in the tribe's code, ordinances and resolutions, and in all rules, policies and procedures promulgated thereunder, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.050, Squaxin Code 1.04.050
Current through Oct. 25, 2010
Squaxin Code 1.04.060
1.04.060. Agents
Squaxin Is. Tribal Code 1.04.060
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.060. Agents
When an act is required by a code, ordinance or resolution, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent, except that no agent may waive the sovereign immunity of the Tribe unless specifically authorized to do so by the Tribal Council.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.060, Squaxin Code 1.04.060
Current through Oct. 25, 2010
Squaxin Code 1.04.070
1.04.070. Prohibited acts include causing and permitting
Squaxin Is. Tribal Code 1.04.070
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.070. Prohibited acts include causing and permitting
Whenever in the code, ordinances, or resolutions of the Tribe any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.070, Squaxin Code 1.04.070
Current through Oct. 25, 2010
Squaxin Code 1.04.080
1.04.080. Computation of time
Squaxin Is. Tribal Code 1.04.080
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.080. Computation of time
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.080, Squaxin Code 1.04.080
Current through Oct. 25, 2010
Squaxin Code 1.04.090
1.04.090. Construction
Squaxin Is. Tribal Code 1.04.090
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.090. Construction
The provisions of the code, ordinances and resolutions of the Tribe, and all proceedings under them, are to be construed with a view to effect their objects and promote justice.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.090, Squaxin Code 1.04.090
Current through Oct. 25, 2010
Squaxin Code 1.04.100
1.04.100. Repeal shall not revive any ordinances
Squaxin Is. Tribal Code 1.04.100
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.04. General Provisions
1.04.100. Repeal shall not revive any ordinances
The repeal of a code, ordinance or resolution shall not repeal the repealing clause of the code, ordinance or resolution or revive any code, ordinance or resolution which has been repealed thereby.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.04.100, Squaxin Code 1.04.100
Current through Oct. 25, 2010
Squaxin Code 1.08.010
1.08.010. Violation--Misdemeanor or infraction
Squaxin Is. Tribal Code 1.08.010
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.010. Violation--Misdemeanor or infraction
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the code, ordinances or resolutions of the Squaxin Island Tribe shall be guilty of an infraction unless the violation is made a misdemeanor or felony by code, ordinance or resolution.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.010, Squaxin Code 1.08.010
Current through Oct. 25, 2010
Squaxin Code 1.08.020
1.08.020. Violation--Penalty for misdemeanor
Squaxin Is. Tribal Code 1.08.020
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.020. Violation--Penalty for misdemeanor
Except in cases where a different punishment is prescribed by any code, ordinance or resolution of the Tribe, any person convicted of a misdemeanor for violation of a code, ordinance or resolution of the Tribe is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.020, Squaxin Code 1.08.020
Current through Oct. 25, 2010
Squaxin Code 1.08.030
1.08.030. Violation--Penalty for infraction
Squaxin Is. Tribal Code 1.08.030
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.030. Violation--Penalty for infraction
Any person convicted of an infraction for violation of a code, ordinance or resolution of the Tribe is punishable by a penalty of not more than five hundred dollars ($500.00).
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.030, Squaxin Code 1.08.030
Current through Oct. 25, 2010
Squaxin Code 1.08.040
1.08.040. Violation--Separate offenses
Squaxin Is. Tribal Code 1.08.040
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.040. Violation--Separate offenses
Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code, ordinances or resolutions of the Tribe is committed, continued, concealed or permitted by any such person, and he or she shall be punishable accordingly.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.040, Squaxin Code 1.08.040
Current through Oct. 25, 2010
Squaxin Code 1.08.050
1.08.050. Infractions
Squaxin Is. Tribal Code 1.08.050
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.050. Infractions
A. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction has the right to legal counsel at his or her own expense, under Public Law 90-284, enacted April 2, 1968. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her.
B. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.
C. Every violation determined to be an infraction is punishable by a fine not exceeding five hundred dollars ($500.00).
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.050, Squaxin Code 1.08.050
Current through Oct. 25, 2010
Squaxin Code 1.08.060
1.08.060. Violations declared to be nuisances
Squaxin Is. Tribal Code 1.08.060
Squaxin Island Tribe
Squaxin Island Tribal Code
Title 1. General Provisions
Chapter 1.08. General Penalty
1.08.060. Violations declared to be nuisances
In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed, and is declared to be, a public nuisance and may be, by the Tribe, summarily abated as such.
(Res. 98-90 (part)).
Squaxin Island Tribal Code 1.08.060, Squaxin Code 1.08.060
Current through Oct. 25, 2010