Chapter 3.70
CIVIL INFRACTIONS
Sections:
3.70.020 Jurisdiction of Courts.
3.70.030 Enforcement officer defined.
3.70.050 Notice of Infraction – Issuance, service, filing.
3.70.060 Notice – Determination final unless contested – Form.
3.70.080 Hearings – Rules of procedure – Counsel.
3.70.090 Hearings – Contesting determination that infraction committed – Appeal.
3.70.100 Hearings – Explanation of mitigating circumstances.
3.70.110 Monetary penalties – Restitution.
3.70.120 Order of Court – Civil nature – Modification of penalty – Community service.
3.70.130 Costs and attorneys fees.
3.70.140 Failure to satisfy penalty.
3.70.010 Legislative finding.
The Board of Directors finds that many errors in behavior or practice can be appropriately remedied by the imposition of civil money penalties. The establishment of a system of civil infractions is a more expeditious and less expensive method of remedying of minor errors that will decrease the cost and workload of the Tribal Courts. Penalties assessed under this chapter are to be regarded as civil and remedial in nature and in part to compensate the agencies of the Tribes and its subdivisions for cost of maintaining a safe and productive society within the Tulalip Tribal jurisdiction. Where additional Tribal, Federal, or State remedies are available to discourage or compensate for violations of law or regulations, this chapter and the remedies included herein shall not be construed as exclusive. [Ord. 114 § 1, 9-10-2010 (Res. 2010-354)].
3.70.015 Applicability.
This chapter shall apply to civil violations of TTC Title 8, unless otherwise specified in the code, and any other titles, chapters, sections, and subsections specifically incorporating or applying this chapter. [Res. 2017-131].
3.70.020 Jurisdiction of Courts.
The Tribal Court has the authority to hear and determine, pursuant to this chapter, civil infractions that are committed within the Tribal jurisdiction or ordinance infractions that are committed within the jurisdiction of a Tribal municipality. [Ord. 114 § 2, 9-10-2010 (Res. 2010-354)].
3.70.030 Enforcement officer defined.
As used in this chapter, “enforcement officer” means a person authorized by Tribal or municipal ordinance to enforce the provisions of the title or ordinance in which the civil infraction is defined. [Ord. 114 § 3, 9-10-2010 (Res. 2010-354)].
3.70.040 Person defined.
As used in this chapter, “person” means any actual or legal person or entity. [Ord. 114 § 4, 9-10-2010 (Res. 2010-354)].
3.70.050 Notice of Infraction – Issuance, service, filing.
(1) A civil infraction proceeding is initiated by the filing, issuance, or service of a notice and complaint of civil infraction.
(2) A notice of civil infraction may be filed in the Tulalip Tribal Court by Tribal enforcement officer.
(3) The Tribal Court may issue a notice and complaint of civil infraction if an enforcement officer files with the Court a verified written statement that the civil infraction was committed describing the infraction in plain terms and stating the Tribal ordinances, policies or regulations which govern the infractions.
(4) Service of a notice and complaint of a civil infraction issued under this chapter shall be as provided by standard rules of service under the Tulalip Tribal Codes or may be issued directly by an enforcement officer and filed by that officer in the Tribal Court. [Ord. 114 § 5, 9-10-2010 (Res. 2010-354)].
3.70.060 Notice – Determination final unless contested – Form.
(1) A notice of civil infraction and complaint 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 and complaint of civil infraction shall include the following:
(a) A statement that the notice and complaint 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, including ordinance, code, or regulation numbers or citations, for which the notice was issued;
(d) A statement of the monetary penalty range established for the civil infraction;
(e) A statement of the options provided in this chapter for responding to the notice and complaint and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination of infraction the Tribes has the burden of proving, by a preponderance of evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued or filed the notice of civil infraction;
(g) A statement that the person must respond to the notice by filing an answer to the notice and complaint within 15 days of receipt or service of the notice;
(h) 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 requested penalty and assessment of additional costs. [Ord. 114 § 6, 9-10-2010 (Res. 2010-354)].
3.70.070 Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear.
(1) Any person who receives a notice and complaint of civil infraction shall respond to such notice as provided in this section within 15 days of the date of the service or receipt of the notice.
(2) If the person alleged to have committed a 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 Tribal Court. A check or money order in the amount of the penalty prescribed for the civil infraction on the notice and under this chapter must be submitted with such a response. The Clerk of Court may accept cash in payment for an infraction. 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 alleged 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 or by filing an answer requesting a hearing and filing it, either by mail or in person, to the Tribal Court. The answer contesting the notice shall be served on the enforcement officer who filed the notice under Tribal Code standard rules of service. The Court shall notify the party 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 of the Notice of Hearing, 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. The Court shall notify the person and the enforcement officer filing the notice 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 of the Notice of Hearing, except by agreement of the parties and the Court.
(5) The Court shall enter a judgment assessing the monetary penalty requested for the civil infraction if any person served a notice and complaint of civil infraction:
(a) Fails to respond to the notice of civil infraction as provided in this chapter; or
(b) Fails to appear at a hearing requested pursuant to this chapter. [Ord. 114 § 7, 9-10-2010 (Res. 2010-354)].
3.70.080 Hearings – Rules of procedure – Counsel.
(1) Procedures for the conduct of all hearings provided in this chapter shall be those applicable to civil matters before the Tulalip Tribal Court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the Tribes may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of Court to contrary. [Ord. 114 § 8, 9-10-2010 (Res. 2010-354)].
3.70.090 Hearings – Contesting determination that infraction committed – Appeal.
(1) A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded.
(2) The Court may consider the notice of civil infraction and any other written report made under oath submitted by the enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. All parties may request the issuance of subpoenas for witnesses, including the enforcement officer who issued the notice, and shall have the right to present evidence and examine witnesses.
(3) The burden of proof is upon the Tribes to establish the commission of the civil infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument, the Court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the Court’s records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered in the Court’s records. The Court shall include in its order the amount of civil penalty requested and may order additional payments made to the Tribes if the Tribes is able to show additional costs necessary to remedy the events causing the infraction.
(5) The appeal from the Court’s determination or order shall be to the Tulalip Tribal Court of Appeals. The Court of Appeals shall hear the appeal on the law or the Tribal Court record and shall not accept new evidence. [Ord. 114 § 9, 9-10-2010 (Res. 2010-354)].
3.70.100 Hearings – Explanation of mitigating circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the Court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the Court’s records.
(3) There is no appeal from the Court’s determination or order on mitigation. [Ord. 114 § 10, 9-10-2010 (Res. 2010-354)].
3.70.110 Monetary penalties – Restitution.
(1) A person found to have committed a civil infraction shall be assessed a monetary penalty which shall reflect the cost of enforcement, disposition and adjudication. A monetary penalty for each day the civil infraction continued beyond the date of the service of the notice of civil infraction and complaint upon the person responsible for the infraction may be requested and/or awarded.
(a) The maximum penalty and the default amount for a civil infraction shall be up to $1,000 or up to $500.00 per day in the case of a continuing infraction.
(2) Whenever a monetary penalty is imposed by a Court under this chapter it is immediately payable. If the person is unable to pay at that time the Court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the Court may proceed to collect the penalty in the same manner as other civil judgments.
(3) The Court may also order a person found to have committed a civil infraction to make restitution. [Ord. 114 § 11, 9-10-2010 (Res. 2010-354)].
3.70.120 Order of Court – Civil nature – Modification of penalty – Community service.
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established in a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The Court may reduce by no more than one-third, or suspend by no more than one year, the monetary penalty prescribed for the civil infraction. If the Court determines that a person has insufficient funds to pay the monetary penalty, the Court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then Washington State minimum wage per hour. [Ord. 114 § 12, 9-10-2010 (Res. 2010-354)].
3.70.130 Costs and attorneys fees.
Except where a respondent has failed to attend a scheduled hearing, each party to a civil infraction hearing is responsible for costs incurred by that party, but the Court may assess witness fees against a nonprevailing respondent. Attorneys fees may be awarded to either party in a civil infraction case. [Ord. 114 § 13, 9-10-2010 (Res. 2010-354)].
3.70.140 Failure to satisfy penalty.
A person who willfully fails to pay a monetary penalty or restitution or to perform community service as required by a Court under this chapter may also be found in contempt of Court. [Ord. 114 § 14, 9-10-2010 (Res. 2010-354)].