The Port Gamble S'Klallam Reservation was acquired by purchase, under the provisions of Section 5 of the Indian Reorganization Act, and proclaimed on June 16, 1938 to be an Indian reservation “...for the benefit and use of the Port Gamble Band of Clallam Indians..” The land was subsequently paid for in full by the Port Gamble S'Klallam Tribe.
This chapter is enacted to provide a process to the Port Gamble S'Klallam Tribal Council for the exercise of its authority and duty to protect the peace, health, safety, welfare, property and cultural identity of the Port Gamble S'Klallam Tribe. The Tribe's inherent sovereign power to remove and exclude non-members from the reservation provides the Tribe with a means to protect the Port Gamble S'Klallam Tribe and the reservation community.
(Res. 02 A 065, 5/14/2002)
The Port Gamble S'Klallam Tribal Council shall have jurisdiction over all matters arising under this chapter. If, in the exercise of its jurisdiction under this chapter a course of proceeding is not specified, any suitable process may be adopted by the Tribal Council, in keeping with the spirit of the laws of the Tribe.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003)
Any person who is not a member of the Port Gamble S'Klallam Tribe may be removed and excluded from the territory of the Port Gamble S'Klallam Tribe.
(Res. 02 A 065, 5/14/2002)
An exclusion order is a discrete civil remedy, which is neither dependent upon nor necessarily connected with any criminal remedy.
The intent of an order is not to punish persons but to protect the Tribe and the tribal community by providing the Tribe with a means of civil regulation of the community's internal order.
While an exclusion order itself is not meant as a punishment, any person who violates an exclusion order shall be punishable by a civil fine:
(a) 
For a first violation, a fine not to exceed $150.
(b) 
For a second violation within a two-year period, a fine between $150 and $500.
(c) 
For a third or subsequent violation within a two-year period, a fine between $500 and $5,000.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003; Res. 20 A 085, 9/28/2020, added language that the Tribe can enforce a civil fine against a person who violates a tribal exclusion order.)
The following terms when used in this chapter shall have the meaning set forth in this section.
(a) 
"Exclusion"
is an order denying entry onto property, which is under the jurisdiction of the Port Gamble S'Klallam Tribe.
(b) 
"Child"
is any person under the age of eighteen (18) years who is the biological, foster, or adoptive child of a member of the Port Gamble S'Klallam Tribe.
(c) 
"Natural Resources"
includes but is not limited to fish, wildlife, shellfish, timber, water, and minerals.
(d) 
"Port Gamble S'Klallam Tribal Council" or "Tribal Council"
is the duly constituted governing body of the Port Gamble S'Klallam Tribe delegated by the Port Gamble S'Klallam General Council to conduct and regulate the business of and act on behalf of the Port Gamble S'Klallam Tribe.
(e) 
"Port Gamble S'Klallam Tribal Police"
is any person or agency authorized by the Port Gamble S'Klallam Tribal Council to enforce this chapter.
(f) 
"Port Gamble S'Klallam Tribal Community"
consists of enrolled members of the Port Gamble S'Klallam Tribe, residents of the Port Gamble S'Klallam Reservation and residents of land owned by the Port Gamble S'Klallam Tribe.
(g) 
"Person"
includes individuals, organizations, and business entities.
(h) 
"Proper Authority"
is either 1) a court order recognized as valid by the Port Gamble S'Klallam Community Court or Port Gamble S'Klallam Tribal Council; or 2) permission to remove a child, granted by a parent or other person who has lawful authority to give permission to remove.
(i) 
"Removal"
is the physical removal of a person from the territory of the Port Gamble S'Klallam Tribe.
(j) 
"Territory of the Port Gamble S'Klallam Tribe"
is all lands held in trust or subject to a restriction against alienation by the United States for the benefit of the Port Gamble S'Klallam Tribe and all lands owned by the Port Gamble S'Klallam Tribe.
(k) 
"Tribal Court"
is the Community Court of the Port Gamble S'Klallam Tribe.
(l) 
"Usury"
refers to the usury rates prevailing in the State of Washington at the time of the loan.
(Res. 02 A 065, 5/14/2002)
If any portion of this chapter or its application to any person, legal entity or circumstance, is held invalid, the remainder of this chapter, or its application of the provision to other persons legal entities or circumstances shall not be affected.
(Res. 02 A 065, 5/14/2002)
Nothing in this chapter shall be construed as a waiver of the sovereign immunity of the Tribal Council and other tribal officials and employees.
(Res. 02 A 065, 5/14/2002)
This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(Res. 02 A 065, 5/14/2002)