18-8.05 Notice. Upon registration with the presiding Judge of the Spokane Tribal Court, the Judge shall
cause a notice of hearing to be served as hereinafter provided, upon the owner of the livestock impounded.
18-8.06 Contents of Notice.
(a) The notice of hearing shall state that the livestock have been impounded, the name of the
person impounding them, and the reason therefore, the brand if any, a general description of
the place where the trespass or other violation occurred, the present location of the livestock
impounded and the keeper thereof, and the schedule of charges in Section 18-8.04 as listed
above, and information concerning the hearing in the following form.
(b) Form of Notice
18-8.07 Service of Notice.
(a) If the owner of the livestock impounded is known, the notice of hearing may be personally
served or sent by certified mail.
(b) If the owner of the livestock is unknown, the notice shall be served by posting notice in 2 public
places on the Reservation at least 7 days prior to the hearing.
18-8.08 Time. The hearing shall be at a time and place indicated in the notice and not less than 5 days after
service, or mailing of the notice as provided herein, whichever is later, where the owner is known, unless the
owner requests and is granted an earlier date, and not less than 14 days after posting and publication of the
notice as provided herein where the owner is unknown.
18-8.09 Failure to Appear. Failure of the owner to appear at the hearing shall be deemed an admission to
all material allegations in the notice and the validity of the livestock impoundment.
18-8.10 Hearing. The owner may be represented at the hearing by counsel. If the owner does not appear
at the hearing, or after hearing, it appears to the Court, by a preponderance of the evidence, that the
impounded livestock were negligently or willfully allowed to trespass on trust land without lease or permit or
were otherwise in violation of this Code, the Court shall order the livestock sold 14 days from the date of the
hearing to pay all charges accrued as of the date of sale as provided in Section 18-8.04 above unless the
owner shall appear prior to the sale date and pay all charges including costs of the hearing accrued to date.
18-8.11 Sale.
(a) If, within the time allotted, the owner(s) of the livestock impounded has not appeared, or is,
after hearing in which the validity of the impoundment was sustained, the charges accrued have
not been paid to the presiding Judge, he shall order the livestock sold.
(b) Livestock shall be sold at public sale after notice and on such terms and conditions, as the Judge
shall require.
18-8.12 Proceeds.
(a) After deducting all costs of sale and court costs, the proceeds of the sale shall be applied to the
satisfaction of all accrued impoundment charges applied against such livestock under this Code.
(b) The surplus, if any, shall be transmitted to the owner if known. If unknown, the surplus shall be
transmitted to the Tribal Range Improvement Account.
18-8.13 Right to Appeal. Any person aggrieved by the decision of the Tribal Judge shall have the right to
appeal such decision.
Section 18-9 Crossing Permit
18-9.01 Crossing Permit.
(a) No non-Indian owned livestock shall be driven upon or across any Indian trust lands without first
securing a crossing permit from the Spokane Tribal Council.
(b) A fee per animal per day will be set by the Council of not less than $1 per animal unless waived.
Section 18-10 Disposal of Diseased or Dead Animals
18-10.01 Disposal of Diseased or Dead Animals.
(a) All animals that die from contagious or infectious disease, or unknown causes, must be burned
or have sanitary burial immediately and the carcasses of all animals which die close to water,
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Revised Spokane Law & Order Code, 5/14/2013