(d) Enforcing all provisions of this Chapter, and any rules and regulations promulgated there under.
(e) Carrying out any other duties delegated under this Code or by the Tribal Business Council.
17-7.03 General Enforcement Provisions.
(a) Jurisdiction
(1) Except as otherwise provided in this code, the Spokane Tribal Business Council,
authorizes enforcement personnel, and such other Tribal Entities as are designated by
Tribal Law, to have absolute, original, and exclusive jurisdiction to regulate and
adjudicate all matters pertaining to fish, wildlife and recreation activities within the
Tribe’s jurisdiction.
(2) The Spokane Tribal Court shall have exclusive jurisdiction over all violations of this
chapter and any regulations adopted pursuant thereto except as this chapter or any
other law reserves otherwise.
(b) Civil Complaint
(1) Except as otherwise provided in this code, all violations relating to this chapter shall
apply to any person and shall be considered civil in nature, and be adjudicated in the
Spokane Tribal Court.
(2) A cause of action shall be initiated by the issuance of a summons in the form of a
"notice to appear" by Authorized Enforcement Personnel, the Tribal court or the Tribal
Attorney, to a violator upon probable cause to believe that a violation of this chapter has
occurred.
(3) A petition or complaint shall be served on the violator and Tribal court, in the name of
the Spokane Tribe of Indians, no more than twenty-(20) days from issuance of the
summons or notice to appear and shall in short and plain statements state claims for
relief.
(c) Procedure - Except as otherwise provided in this code, the civil procedure of the Spokane Tribe
shall govern all questions of procedure arising as a result of the enforcement of this code for
violations relating to this chapter.
17-8.01 Representation of the Tribe in Actions Arising Under this Code. The Tribal Attorneys and Authorized
Enforcement Personnel or in the case of scheduling or interest, such other counsel for the Tribe as the Tribal
Council may designate, shall represent the Tribe in all actions arising under this chapter to which the Tribe is
a party.
17-8.02 Trespass.
(a) Violation of any provision of the Spokane Tribe’s Fish and Wildlife Code by non-members shall
be considered immediate revocation of permission to enter the Reservation and may render the
violator a trespasser.
(b) It shall be a civil violation for any non-member to trespass on the Spokane Reservation.
(c) The mandatory civil fine for trespass is $500.00.
17-8.03 Federal Prosecution.
(a) Nothing in this Code shall be deemed to preclude the federal prosecution under 18 U.S.C. 1165
of non-members who trespass on the Reservation.
(1) This code has been enacted to protect the resources of the Spokane Tribe, and the
taking or using of Tribal property or services contrary to the terms of this Code constitutes
theft of Tribal assets.
(2) Nothing in this Code shall be deemed to preclude federal prosecution of violators under
18 U.S.C. § 1163 for theft of Tribal assets or any other federal law designed to protect Tribal
fish, wildlife, water or other natural resources.
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Revised Spokane Law & Order Code, 5/14/2013