(a) Seizure in lieu of other bond. Any fish, wildlife, gear, weapons, equipment, or other property
the suspected violator possesses may be utilized to post bond in an amount equivalent to the
cumulative CCDAs, applicable fees, and other damages for the alleged violations.
(b) Inventory and Storage. Any gear, weapons, equipment, or other property seized under this
section shall be inventoried and stored in a secure place until disposed of by order of the Tribal
Court.
(1) The owner of the property shall be given a copy of the inventory.
(2) Fish and wildlife seized under this section shall be inventoried and sold.
(3) The proceeds of the sale shall be placed in a separate account and applied toward the
bond.
(c) Unclaimed Property. Fish, wildlife, weapons, gear or other property seized under this section
and for which there is no known owner shall be inventoried and sold as provided below:
(1) A notice describing the property and the time and place of seizure shall be posted at
prominent locations on the reservation.
(2) The notice shall state that persons wishing to claim the property must do so by filing a
written claim with the appropriate authorized enforcement personnel within 45 days of
the date the notice was posted.
(3) Enforcement personnel shall file a copy of the claim with the Tribal Court and shall
advise the claimant of his/her right to petition the Court for release of the property.
(4) Property for which written claim is filed shall not be disposed of except by order of the
Tribal Court.
(5) If property seized under this section is not claimed within 45 days of the posting of the
notice, the property may be sold for the benefit of the Tribe upon order of the Tribal
Court.
(d) Presumption of Owner's Use. Unattended gear used in violation of the Code and seized under
this section shall be presumed to have been placed by its owner in the location where it was
seized.
(e) Petition for Release. Any person who claims ownership of any property seized under this
section may file a petition for release of the property with the Tribal Court.
(1) The person filing the petition may request an expedited hearing of the petition.
(2) The court may order release of the seized property if it finds the petitioner is the lawful
owner of the property or has the right to its possession and if the property is not
released the petitioner would undergo substantial hardship.
(f) Disposition of Seized Property:
(1) If it is determined by the Tribal court that property shall be released the Court shall
order immediate return of the property and the proceeds of the sale in connection with
the violation.
(2) If a person is found to have violated a provision of this chapter or regulations
promulgated under it, the Court may order forfeiture to the Spokane Tribe of any bond.
The violator shall be given the opportunity to present evidence to the Court as to why
the forfeiture would be inequitable or produce a substantial hardship.
A. If the proscribed CCDA(s), applicable finesand other damages are paid in cash,
or cash bond is posted by the suspected violator the property shall be returned
immediately.
B. The Tribe may petition the Tribal Court for forfeiture of any property, seized
under this section, that has not been disposed of under 17-7.05(f)(1) and 177.05(f)(2).
C. Notice of any forfeiture hearing shall be served upon any person claiming rights
in the property or posted at prominent locations on the reservation if such
persons are unknown.
17-7.10 Bond Forfeiture To Tribe in Lieu of Civil Process. When Authorized enforcement personnel believe
an offense can be disposed of without further legal process, they may use discretion, and with the written
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Revised Spokane Law & Order Code, 5/14/2013