35.06.270 Disposal of Prohibited Devices

(a) After adjudicating the underlying complaints of illegal possession or use, the Court shall dictate the disposal of the seized property.

(b) Return of property: If the seized property belongs to a Non-member, the Court shall return the property to its owner, unless it determines that continued retention of the seized property is necessary to secure payment of a judgment as provided by the Field Bond procedures of this Code. The Court shall also advise the owner of the terms of any injunctions which have been issued against the continued use or possession of the property, and shall further advise the violator that violation of the injunction is contempt of court and may subject the violator to further civil liability.

(c) Forfeiture: If the seized property belongs to a Member, or to a Non-member who fails to appear, the judge may order, in addition to any other sanction imposed for the violation, that the property be forfeited to the Tribe. In case of such forfeiture, the Director shall dispose of the property in the manner most consistent with the goals of the Department, choosing between destruction of the property, sale for the benefit of the Department at public auction, or retention of the property for Department use.

(d) If the owner of seized property cannot be determined, the complaining officer shall file with the Court Clerk a Notice of Intent to Confiscate and a Complaint, designating the defendant by a fictitious name following the procedures of Section 35.06.120(c), and include a description of the property, the date of seizure and the location of seizure. The Court Clerk shall cause them to be posted in the Court and published in appropriate local and regional newspapers for two consecutive issues. A hearing on the matter shall be set for the first available date after the publication period has ended, and the date of the hearing shall be included in the posted and published notices. If the owner of the property fails to appear at the scheduled hearing the Court shall dispose of the property pursuant to subsection (c).