A Port Gamble S’Klallam police officer has the authority to issue a notice of civil traffic violation:
(a) 
When it occurs in the police officer’s presence;
(b) 
When an officer investigating the scene of an accident has reasonable cause to believe a civil traffic violation has been committed;
(c) 
When an officer discovers a vehicle parked, stopped or standing in violation of this Title, which is unattended, the officer shall affix a notice of civil traffic violation in plain view on the vehicle.
(Res. 81 A 57, 12/8/1981)
A notice of civil traffic violation shall be filed on a form authorized by the Tribal Council or by the Community Court. It shall include the following information:
(a) 
Name, address, and phone number of the Community Court;
(b) 
Name, address, and driver’s license number of the violator;
(c) 
Description of the vehicle, its license number and state of licensing;
(d) 
Date, time and place the violation occurred;
(e) 
The specific civil traffic violation for which the notice was issued;
(f) 
Date of issue and name of notifying officer;
(g) 
Amount of the fine established for the violation;
(h) 
A statement that a civil traffic violation is not a crime and that the penalty does not include the possibility of a jail sentence; that the penalty may include suspension, revocation, or non-renewal of the person’s driver’s license;
(i) 
A statement of the three options the person has in responding to the notice as provided under Section 9.02.05;
(j) 
A statement that the person must respond to the notice within ten days of the date it is received and a statement of the penalties for failure to respond under Section 9.02.06;
(k) 
A statement that at a hearing to explain the circumstances, the person may not subpoena witnesses and that the person is deemed to have committed the traffic violation;
(l) 
A statement that at a hearing to contest the traffic violation, the person may subpoena witnesses and that the Tribe must prove, by a preponderance of the evidence, that the traffic violation was committed;
(m) 
A space for the person to sign a promise to respond to the notice of traffic violation.
(Res. 81 A 57, 12/8/1981)
A person who has been issued a notice of civil traffic violation must respond to the notice within ten days of the date the notice was actually received or reasonably should have been received. The response may be in person or by mail. If mailed, the response must be postmarked no later than midnight of the day the response is due.
(Res. 81 A 57, 12/8/1981)
A person may respond to a notice of civil traffic violation in any one of the following ways:
(a) 
Pay the fine. The Community Court shall then enter a judgment that the person committed the civil traffic violation;
(b) 
Request a hearing to explain the circumstances surrounding the occurrence of the traffic violation which might arguably lessen the amount of the fine; or
(c) 
Request a hearing to contest the determination that a traffic violation occurred.
(Res. 81 A 57, 12/8/1981)
If a person fails to respond to a notice of civil traffic violation, the Community Court shall enter an order finding that the person committed the traffic violation, shall assess the appropriate fine and may notify the Washington State Department of Licensing to prevent the renewal of the person’s driver’s license until all fines are paid.
(Res. 81 A 57, 12/8/1981)
When the Community Court receives a response from a person requesting a hearing, the Community Court shall schedule a hearing not less than seven days nor more than ninety days from the date the Court mails the notice of hearing.
(Res. 81 A 57, 12/8/1981)
The Community Court shall send a written notice of the time, place and date of the scheduled hearing within fourteen days of the date it receives the request for a hearing. The notice of hearing shall contain a statement advising the person that the proceeding will take place without a jury, that the person may have counsel present and that if the hearing is to contest the determination that a traffic violation occurred, the person may subpoena witnesses including the police officer involved.
(Res. 81 A 57, 12/8/1981)
The following rules apply to hearings held to contest the determination that a civil traffic violation has occurred:
(a) 
The proceeding shall be heard by the Community Court without a jury;
(b) 
The Tribe and the person requesting the hearing may both be represented by counsel;
(c) 
The Tribe and the person requesting the hearing may subpoena witnesses;
(d) 
The burden of proof is on the Tribe to establish the commission of the violation by a preponderance of the evidence;
(e) 
The person requesting the hearing has the right to present evidence and examine witnesses;
(f) 
After consideration of the evidence and argument, the Community Court shall determine whether the violation was committed. Where it has not been established by a preponderance of the evidence that a violation has been committed, the Court shall enter an order dismissing the action. Where it has been established that a violation has been committed, the Court shall enter an order accordingly;
(g) 
Any appeal from the Court’s decision shall be made to the Port Gamble S’Klallam Court of Appeals under the rules established for that Court.
(Res. 81 A 57, 12/8/1981; amended by Res. 05-A-054, 6/14/2005)
A hearing held for the purpose of allowing a person to explain the circumstances surrounding the commission of the violation which might arguably lessen the amount of the fine shall be an informal proceeding to which the following rules apply:
(a) 
The person requesting the hearing may not contest the determination that the traffic violation occurred;
(b) 
The Tribe and the person requesting the hearing may both be represented by counsel;
(c) 
The Tribe and the person requesting the hearing may not subpoena witnesses;
(d) 
After the Court has heard the explanation of the circumstances surrounding the commission of the traffic violation, the Court shall determine whether the explanation of events justifies reducing the amount of the fine, suspending part or all of the fine, or order payments over time or order community service to be performed in lieu of the fine. Each hour of community service shall reduce the fine by $8.00 in 2005, to increase in subsequent years by a rate set by the Court Administrator, based on the annual employee cost of living increase established by the Tribal Council, if any. The Court has continuing jurisdiction and authority to supervise the order for not more than one year.
(e) 
There may be no appeal from the Court’s order.
(Res. 81 A 57, 12/8/1981; Res. 05-A-054, 6/14/2005)
All orders entered by the Community Court under this Title shall be deemed civil in nature. The Court may, in its discretion, waive, reduce or suspend the fine and/or order community service hours in lieu of a fine.
(Res. 81 A 57, 12/8/1981)