Chapter 2.50
CIVIL INFRACTIONS PROCEDURES
Sections:
2.50.010 Legislative findings.
2.50.030 Enforcement officers.
2.50.040 Infraction procedures – Notice – Issuance – Filing – Service of.
2.50.060 Person receiving notice – Identification and detention.
2.50.070 Notice – Determination final unless contested – Form – Contents.
2.50.080 Response to notice – Contesting determination – Mitigating circumstances.
2.50.130 Order of Court – Modification of penalty.
2.50.140 Costs and attorney fees.
2.50.010 Legislative findings.
The Board of Directors finds that:
(1) The Tulalip Tribes possesses the inherent powers to exercise civil regulatory authority over all persons within the Tulalip Indian Reservation whose actions threaten the political integrity, economic security, and health and welfare of the Tulalip Tribes and its visitors.
(2) Certain conduct offensive to public order or in violation of Tribal law interferes with the functioning of Tribal government and its businesses, jeopardizes Tribal resources, and adversely affects public confidence and trust in the integrity of the government and businesses located within the Tulalip Tribes.
(3) The proximity of the Tulalip Indian Reservation to the Interstate 5 corridor and freeway exit ramps provides persons wishing to commit undesirable acts easy access and exit, increasing the risks of acts and behaviors deemed harmful to the public safety and economic development of the Tulalip Tribes.
(4) Identifying certain and common civil offenses and facilitating the implementation of a uniform and expeditious system for the disposition of civil infractions will assist to deter such activities.
(5) Nothing in this code shall be interpreted to protect persons from criminal charges in any court having jurisdiction thereof stemming from the same incident. [Res. 2017-131].
2.50.015 Applicability.
This chapter shall apply to all civil infractions of Tribal law unless otherwise specified in the code. [Res. 2017-131].
2.50.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(1) “Days” means calendar days.
(2) “Respondent” means a person who was served Notice of Civil Infraction after that person has responded to the notice. [Res. 2017-131].
2.50.030 Enforcement officers.
An “enforcement officer” or “officer” with authority to issue civil infractions is any of the following:
(1) A police officer with the Tulalip Police Department;
(2) A Tulalip Gaming Agency (TGA) employee for offenses committed within the Tulalip Gaming Facilities and adjoining nongaming areas only; or
(3) Any person authorized by Tribal or municipal ordinance or law to enforce the provisions of the title or ordinance in which a civil infraction is defined. [Res. 2017-131].
2.50.040 Infraction procedures – Notice – Issuance – Filing – Service of.
(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a Notice of Civil Infraction.
(2) A Notice of Civil Infraction may be issued by an enforcement officer when:
(a) The civil infraction occurs in the officer’s presence;
(b) The officer is acting upon the request of a law enforcement officer in whose presence the infraction was committed; or
(c) The officer has reasonable cause to believe that a civil infraction was committed.
(3) The Prosecuting Attorney may issue Notice of Civil Infraction if based upon the sworn statement of an enforcement officer indicating that the civil infraction was committed in the officer’s presence or that the officer has reasonable cause to believe that a civil infraction was committed.
(4) Service of Notice. A Notice of Civil Infraction may be served either by:
(a) The citing officer serving the Notice of Infraction on the person named in the Notice of Infraction at the time of issuance;
(b) The enforcement officer conspicuously affixing the notice to a vehicle, fishing vessel, or other mode of transportation if applicable; or
(c) The Prosecuting Attorney or the enforcement officer pursuant to Chapter 2.10 TTC.
(5) A Notice of Infraction shall be filed with a court having jurisdiction within 72 hours of issuance, excluding Saturdays, Sundays, and holidays. A Notice of Infraction not filed within the time limits prescribed in this section may be dismissed without prejudice. [Res. 2017-131].
2.50.050 Penalties.
Unless otherwise specified in the code, the penalty for committing an infraction shall be a fine of $100.00. [Res. 2017-131].
2.50.060 Person receiving notice – Identification and detention.
(1) A person who is to receive a Notice of Civil Infraction under Tribal code or law is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license, identicard, Tribal enrollment card, or other legitimate government issued ID.
(2) A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. [Res. 2017-131].
2.50.070 Notice – Determination final unless contested – Form – Contents.
(1) A Notice of Civil Infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.
(2) The form for the Notice of Civil Infraction shall include the following:
(a) A statement that the notice represents a determination that a civil infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific civil infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the civil infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that, at any hearing to contest the determination that a civil infraction has been committed, the Tribes has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued the Notice of Civil Infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as provided in this chapter within 15 days; and
(i) A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty. [Res. 2017-131].
2.50.080 Response to notice – Contesting determination – Mitigating circumstances.
(1) Any person who receives a Notice of Civil Infraction shall respond to such notice as provided in this section within 15 days of the date of the notice.
(2) If the person determined to have committed the civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the Notice of Civil Infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the civil infraction must be submitted with the response or payment may be made in person at the Tulalip Tribal Court. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court’s records.
(3) If the person determined to have committed the civil infraction wishes to contest the determination, the person shall respond by completing the portion of the Notice of Civil Infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The Court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date the Notice of Hearing is mailed, except by agreement.
(4) If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the Notice of Civil Infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The Court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date the Notice of Hearing is mailed, except by agreement.
(5) When a person determined to have committed the civil infraction requests a hearing to contest a determination or explain mitigating circumstances, the Court shall set the hearing date within 90 days of receiving the hearing request. [Res. 2017-131].
2.50.090 Default judgment.
(1) If a person who has received a Notice of Infraction does not respond within 15 days from the issuance of the Notice of Civil Infraction, a default judgment will be issued, which shall be sent for collection.
(2) If the respondent does not appear at the hearing, a default judgment will issue against the respondent, which will be sent for collection. A copy of the judgment shall be sent by the Court Clerk to the respondent by mail.
(3) There shall be no right to appeal a default judgment. A motion to reconsider a default judgment may not be made. [Res. 2017-131].
2.50.100 Hearings rights.
(1) Counsel. A person who has received a Notice of Infraction may be represented by counsel at an infraction hearing. There is no right to counsel; accordingly, counsel must be retained at the party’s own expense. The Tribes may be represented by a representative from the Office of the Reservation Attorney in any proceedings, but need not appear, notwithstanding any Tribal law, code or rule.
(2) Witnesses. Either party may, prior to a contested hearing date, request that the Court subpoena witnesses for the contested hearing, including the enforcement officer who issued the notice. Both parties have the right to present evidence and examine witnesses present at the contested hearing. [Res. 2017-131].
2.50.110 Contested hearing.
A contested hearing shall be before a judge; a jury trial is not permitted. The burden of proof is upon the Tulalip Tribes to establish the commission of an infraction by a preponderance of the evidence. The Tribes may, but need not, call the enforcement officer who issued the notice or any other witnesses. The Court shall consider the Notice of Civil Infraction and any other written report made under oath submitted by an enforcement officer who issued the notice or whose written statement or police report supports a finding that the infraction was committed.
Surveillance relied on by an enforcement officer may be referenced in their report or authenticated by and included with their report. The respondent may present evidence and examine witnesses present in court. At the conclusion of a contested hearing, the Court shall determine whether there was jurisdiction and whether the infraction was committed. Where the Court finds that it has not been established that the infraction was committed, an order dismissing the Notice of Infraction shall be entered in the Court’s records. Where an infraction is found to have been committed, an appropriate order shall enter in the Court’s records. [Res. 2017-131].
2.50.120 Mitigation hearing.
A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. After the Court has heard the explanation of the circumstances surrounding the commission of the infraction, the Court shall enter an appropriate order. The Court may, in its discretion, waive, reduce or suspend the monetary penalty prescribed for the infraction if it finds that mitigating circumstances exist. [Res. 2017-131].
2.50.130 Order of Court – Modification of penalty.
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. There shall be no appeal from the Court’s ruling.
(2) The Court may, in its discretion, waive, reduce or suspend the monetary penalty prescribed for the infraction if it finds that mitigating circumstances exist. [Res. 2017-131].
2.50.140 Costs and attorney fees.
Each party to a civil infraction case is responsible for costs incurred by that party, but the Court may assess witness fees against a nonprevailing respondent. Attorney fees may not be awarded to either party in a civil infraction case. [Res. 2017-131].