(Reckless Driving. Port Gamble S’Klallam Law and Order Code; Res. 84 A 03, 2/14/1984 amended this section to include acts previously included in negligent driving and reckless driving. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this Chapter to change offenses from Class A-D to felony-misdemeanor classification. This section was repealed due to replication—see 5.09.02 Reckless Driving.)
Any person who engages in fighting in a public or private place, disturbs or annoys any public or private assembly shall be guilty of a misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to state “private” rather than “religious” assembly. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class D to a misdemeanor 2.)
Any person who sponsors any gambling device or engages in any gambling practice outside of social games without express authorization from the Port Gamble S’Klallam Tribe shall be guilty of a misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to increase the fine and to clarify. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1.)
(Prostitution. Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to define and expand the crime of prostitution. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; repealed and replaced by Chapter 5.07 Rape—Sex Crimes—Public Indecency—Prostitution, Res. 17-A-010, 1/23/2017.)
Any person who knowingly conceals a firearm upon his person or who carries a firearm within the passenger compartment of any vehicle, without a valid permit to carry a concealed firearm shall be guilty of a misdemeanor 1.
It shall be a complete defense to this offense that the firearm located within the passenger compartment of a vehicle is, a) unloaded and b) is a hunting rifle, meaning a firearm that is not prohibited from use in hunting, under Title 18 of this code.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section deleting the element of “public places”. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1.)
Any person who discharges any firearm which propels a missile capable of causing injury in any manner: a) within 1/4 mile of any dwelling without permission of the residents of the dwelling, b) creating a nuisance or hazard, c) from or across any public highway, or d) near any gathering of people except in a firing range; or who knowingly allows any person whose behavior they are responsible for to violate any portion of this section, shall be guilty of a misdemeanor 1.
Any person found to be in violation of this section while the person is under the influence of an intoxicant shall be guilty of a felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section for clarity. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017 legalized marijuana and separated the Alcohol and Drug Related Offenses chapter into two different chapters. The second paragraph of this section was originally Section 5.03.17 Firearm Violation While Under the Influence of Intoxicants, but now it is combined with the Firearms Violations section; Res. 20-A-086, 9/28/2020, amended this section to change the penalties from a Class C and B to a misdemeanor 1 and felony 2; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
(a)
It shall be unlawful for any person to possess a firearm who:
(1)
Is subject to any court order from a court of competent jurisdiction that restrains such person from harassing, stalking, threatening, having contact with, or assaulting an intimate partner or family member as defined in this title or engaging in any other conduct that would place an intimate partner or family member in reasonable fear of physical harm to the intimate partner or family member, except that this subsection shall apply only to those orders that:
(A)
Were issued at a hearing at which such person was present and had the opportunity to participate; or at a hearing of which such person had notice and the opportunity to be heard, whether or not the person was present; and
(B)
Include a finding that such person represents a credible threat to the physical safety of such household or family member; and
(C)
By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such household or family member.
(2)
Has been convicted under the law of any state, territory, possession, tribe, or United States military tribunal of any crime involving domestic violence or family violence, as defined by the laws of the Port Gamble S’Klallam Tribe, which involved the use or attempted use of physical force, or the threatened use of physical force, or the threatened use of a deadly weapon against an intimate partner or family member as defined by this chapter.
(b)
Violation of this section is a felony 2 and may result in exclusion or banishment from the Port Gamble S’Klallam Tribal jurisdiction. Any violations of related domestic violence or family violence sentences in this section or any violations of other sections of this chapter shall be served consecutively.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
Any person who abandons, neglects, tortures, needlessly annoys or cruelly mistreats any animal, or causes or allows an animal to engage in fighting, or engage in any activity for the purpose of training a dog to engage in fighting, shall be guilty of a misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 04 A 033, 3/9/2004 which added the prohibitions regarding fighting and added subsection (4); amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1.)
Any person who, without good cause, fails to send their children or any children under their care to school, who have not reached their eighteenth (18th) birthday, shall be guilty of a misdemeanor 1.
It shall be a complete defense to this offense if the minor has graduated from high school or otherwise met educational requirements, is homeschooled, is emancipated, is incarcerated, is physically or mentally unable to attend, or is legally and regularly employed.
(Port Gamble S’Klallam Law and Order Code. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class D to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
(a)
Any person who commits any of the following acts or omissions is guilty of a misdemeanor 1:
(1)
Any person who keeps, or has care or custody, of any animal known to be vicious or liable to attack or harass human beings or other animals, or known to possess any vicious or dangerous tendencies, unless such animal is securely kept to prevent injury to any person;
(2)
Any person who keeps or has care or custody of any animal that injures another person;
(3)
Any person who allows any pit bull dog to be present within the jurisdiction of the Port Gamble S'Klallam Tribe, unless that person meets every requirement of section 13.03.03 which provides a narrow exception to the ban on pit bulls;
(4)
Any person who keeps or has care or custody of any of a female dog who fails to keep the dog in confinement during any time period in which the dog is in heat. Confinement shall mean keeping the female dog indoors or in an enclosure, which prevents access by other dogs by any means including digging.
(5)
Any person who keeps or has care or custody of any dog that:
(i)
Causes physical damage to the property of another person;
(ii)
Roams, strays, runs in packs, or runs at large within any area under the jurisdiction of the Port Gamble S'Klallam Tribe;
(iii)
Chases any person, bicycle or motor vehicle;
(iv)
Harasses livestock;
(v)
Scatters garbage;
(vi)
Is allowed access to other dogs while the dog is in heat;
(vii)
Hampers traffic; or
(viii)
Digs holes in land not leased or assigned to the dog’s owner.
(b)
Any animal kept in violation of this section shall be subject to seizure, and impoundment as provided in chapter 13.03 of this code.
(c)
No part of this section precludes any person bitten or wounded by any animal from bringing a civil cause of action for damages in the Port Gamble S’Klallam Community Court.
(Res. 87 A 13, 5/12/1987; amended by Res. 04 A 033, 3/9/2004 which substantially expanded this section and changed the title from Vicious Animals to Failure to Control Animals; amended by Res. 05-A-054, 6/14/2005; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
(b)
For the purposes of this section, “Protection Order” means
(i)
Any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and
(ii)
Includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(c)
Consent is not a defense to a charge of violation of a protection order.
(d)
Violation of a protection order is a misdemeanor 1. A second or subsequent offense by the offender, whether in the same case or a separate case, is a felony 2.
(Res. 02 A 108, 12/17/2002; amended by Res. 05-A-054, 6/14/2005; amended by Res. 14-A-045, 3/25/2014 to re-organize for clarity; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to change the penalty to misdemeanor 1-felony 2, to add clarity regarding what constitutes a violation, to add a definition of protection order, and to provide that consent is not a defense.)
Any person who harbors, conceals or gives assistance to a person who is excluded or banished from the jurisdiction of the Port Gamble S'Klallam Tribe or who shall allow such excluded or banished person in their dwelling, shall be guilty of a misdemeanor 1.
It shall be a complete defense to this offense that the defendant reported the presence of the excluded person to law enforcement within 24 hours of contact.
(Res. 05-A-054, 6/14/2005; amended by Res. 15-A-029, 4/13/2015, to include banishment language; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
Fireworks are defined and regulated under Title 13 (Health and Safety), Chapter 13.01 of the Port Gamble S’Klallam Tribal Law and Order Code. The use of the terms “fireworks” and “discharge” and other terms relevant to fireworks use in this chapter shall have the same meaning as in Title 13 unless the context clearly requires another meaning.
(Res. 12-A-057, 4/24/2012)
Any person who discharges fireworks in a reckless manner that creates substantial risk of property damage or death or serious physical injury to another, or who discharges fireworks while under the influence of intoxicants, or who discharges fireworks while a PGST burn ban is in effect shall be guilty of a misdemeanor 1.
Examples of reckless discharge of fireworks include, but are not limited to, discharge of fireworks within 300 feet of a fireworks stand or the edge of the Gliding Eagle Marketplace property, or discharge of fireworks from a moving vehicle.
(Res. 12-A-057, 4/24/2012; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1.)
Any person whose discharge of fireworks results in two or more reports within a two-hour period to Tribal Police regarding noise or other disturbance caused by fireworks, or who discharges fireworks after a law enforcement officer provides verbal notice to the person of a report of noise or other disturbance shall be guilty of a misdemeanor 2.
(Res. 12-A-057, 4/24/2012; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class D to a misdemeanor 2.)
Any person who discharges fireworks on weekends between 2:00 a.m. and 10:00 a.m., or on weekdays from two hours after sunset until 10:00 a.m., shall be guilty of a misdemeanor 2. The weekday curfew begins two hours after sunset on Sunday or Monday at 12:01 a.m., whichever is earlier. The following are curfew exceptions:
a.
The Tribal Council or the Tribal Administrator may publish a modification or suspension of the fireworks curfew.
b.
This curfew shall not be in effect on the Fourth of July and New Year’s Eve.
(Res. 12-A-057, 4/24/2012; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class D to a misdemeanor 2.)
Any person who allows a minor child to discharge fireworks shall be guilty of an offense if:
a.
The minor is eleven (11) years old or younger, and the discharge of fireworks causes injury to any person, including the minor, or property damage; or
b.
The minor is between the ages of twelve (12) and seventeen (17), and the discharge of fireworks causes injury to any person, including the minor, or property damage, and there is no adult supervision present at the time and location of the injury or damage.
If the minor’s discharge of fireworks causes injury that requires emergency medical transport or hospitalization or causes property damage in excess of $100.00, the charge shall be a misdemeanor 1. |
If the minor’s discharge of fireworks causes injury that does not require emergency medical transport or hospitalization, or the property damage is valued at $100.00 or less, the charge shall be a misdemeanor 2. |
A minor child who discharges fireworks and causes injury or property damage may be charged with any applicable offense. |
(Res. 12-A-057, 4/24/2012; Res. 20-A-086, 9/28/2020, amended this section to change the penalties from a Class C and D to a misdemeanor 1 and 2.)
The following offenses can be charged separately and additionally to other criminal offenses and the fireworks offenses specified above.
(a)
Disorderly Conduct. Fireworks use may be charged as Disorderly Conduct.
(b)
Arson. Fireworks use that causes actual injury or damage to property may be charged separately and additionally as Arson.
(Res. 12-A-057, 4/24/2012)
Any person who gives, sells, or trades any product containing tobacco to a person under the age of eighteen shall be guilty of a misdemeanor 1.
It is a defense to prosecution of a commercial seller of tobacco products, including S’Klallam retail employees, that the person making the sale reasonably relied on governmentally issued identification that shows the purchaser’s age and bears their photograph.
(Res. 96 A 035, 2/22/1996; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064 legalized marijuana and split the drug and alcohol chapter into two different chapters. This section was originally Section 5.03.18 under Drug and Alcohol Offenses, and it is now part of Chapter 5.04 Offenses Against the Community Peace, Morals, Safety and Welfare; Res. 20-A-086, 9/28/2020, amended this section to change the penalty from a Class C to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)