(b) Any Authorized Enforcement Personnel may follow the procedure provided the Tribal Business
Council to initiate federal prosecution in addition to or in lieu of any other enforcement procedure
provided by this Code.
Readopted 8/01/06, Resolu. 2006-524.
17-9.01 Remuneration for Damages To Tribal Assets.
(a) Fish and Wildlife and Recreation violations in this chapter are deemed to damage the health and
welfare, political integrity and economic welfare of the Spokane Tribe of Indians.
(b) Notwithstanding special or other fines and penalties, any violation, unlawful, or prohibited
activity, under this chapter shall be subject to a civil compensatory damage assessment (CCDA)
once it is adopted, but until such time the fines designated in this Code shall govern.
(c) The Tribal Court, authorized Enforcement Personnel and Tribal Attorneys shall prepare, for
approval of the Tribal Council a recommended CCDA schedule for each violation of this code or
regulation which is a violation.
(d) Each CCDA shall be compensatory for the damages to Tribal assets including but not limited to
remuneration for the following:
(1) The cost to the Tribe for protection and regulation of the resource.
(2) The cost of restoring the resource.
(3) The cost of enforcing the particular violation.
(4) The loss of potential revenue to the Tribe.
(5) Damages for civil trespass.
(6) The cost of prosecution and representation.
(e) CCDA schedules are presumed to compensate for damages to the Spokane Tribe.
(f) CCDA schedules or alleged damages may be rebutted at the time of hearing or trial.
(g) Punitive damages may be assessed in accordance with the civil procedure section of the
Spokane Law and Order Code.
17-10.01 Bond.
(a) If a suspected violator refuses to sign a Notice to Appear, or cannot be identified by the issuing
officer, and seizure of the suspected violator's property is necessary to secure the important Tribal
interest of guaranteeing the presence within Tribal jurisdiction of sufficient assets of the suspected
violator to secure payment of any CCDA, applicable fine, or other damages, and a likelihood that
the suspected violator will leave the jurisdiction of the Spokane Tribe and not return; then
authorized enforcement personnel may require posting of a bond on site in the field in an equivalent
value to each CCDA, applicable fine, or other damages.
(b) This bond may be posted by cash, check or substituted with a seizure of property in the
approximate value to the CCDA(s), applicable fine or other damages in accordance with this chapter.
(c) The suspected violator shall be issued a notice that advises them as follows:.
(1) The suspected violator is within the personal and subject matter jurisdictiuon of the
Spokane Tribal Court.
(2) That alternative methods of posting a bond exist and that the violator has chosen the
method.
(3) Failure to appear for the hearing in the Notice to Appear will result in a default judgment
and a forfeiture of the bond.
(4) Any property seized in lieu of cash can be redeemed by posting a cash bond with the
Spokane Tribal Court.
(5) The right to a hearing to determine the release of the bond.
(6) An itemized accounting of the violations and the CCDAs, applicable fines, and other
damages that the bond secures.
17-10.02 Seizure and Disposition of Fish, Wildlife, Gear, and Equipment.
161
Revised Spokane Law & Order Code, 5/14/2013