MOTOR VEHICLE AND PARKING CODE (2025)

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Chapter VIII

MOTOR VEHICLE AND PARKING CODE

801.

TITLE. This Code shall be known and cited as the Bay Mills Indian Community “Motor

Vehicle and Parking Code.”

802.

DEFINITIONS. The following terms shall have the meanings described below for the

purposes of this Code:

“Authorized Emergency Vehicle”: Vehicles of the fire department, police

vehicles, ambulances, privately owned motor vehicles of volunteer or paid

fireman, or privately owned motor vehicles of volunteer ambulance drivers or

licensed ambulance drivers or attendants as are authorized by the Michigan

Department of State Police or Bay Mills Department of Law Enforcement.

“Autocycle”: An enclosed motorcycle that is equipped with safety belts, rollbar,

windshield, wipers, steering wheel, and equipment otherwise required on a

motorcycle, and which has not more than 3 wheels in contact with the roadway at

any one time.

“Bicycle”: A device propelled by human power upon which a person may ride,

having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are

over 14 inches in diameter.

“Bus”: A motor vehicle designed for carrying 16 or more passengers, including

the driver. Bus does not include a school bus.

“Code”: The Bay Mills Indian Community Motor Vehicle and Parking Code.

“Commercial Vehicle”: Includes all motor vehicles used for the transportation of

passengers for hire, or constructed or used for transportation of goods, wares or

merchandise, and/or all motor vehicles designed and used for drawing other

vehicles and not so constructed as to carry any load thereon either independently

or any part of the weight of a vehicle or load so drawn.

“Controlled Substance”: Marijuana, cocaine, amphetamines, opiates,

phencyclidine, barbiturates, and any derivative of any of the above substances,

and any other controlled substances as defined in Section 7104 of the Michigan

Public Health Code, Act No. 368 of the Public Acts of 1978 (MCL 333.7104).

“Court”: The Bay Mills Indian Community Tribal Court, also known as the Bay

Mills Tribal Court.

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“Cross-walk”:

That part of a roadway at an intersection included within the connections

of the lateral lines of the sidewalks on opposite sides of the highway

measured from the curbs, or in the absence of curbs from the edges of the

traversable highway.

Any portion of a highway at an intersection or elsewhere distinctly

indicated for pedestrian crossing by lines or other markings on the surface.

“Driver”: Every person who drives or is in actual physical control of a vehicle.

“Handicapper”: A person who is determined by a physician or an optometrist as

specifically provided in this Code licensed to practice in the State of Michigan to

have 1 or more of the following physical characteristics:

Blindness as determined by an optometrist or a physician.

Inability to walk more than 200 feet without having to stop and rest.

Inability to do both of the following:

Use one (1) or both legs or feet.

Walk without the use of a wheelchair, walker, crutch, brace,

prosthetic, or other device, or without the assistance of another

person.

A lung disease from which the person’s forced expiratory volume for 1

second, when measured by spirometry, is less than 1 liter, or from which

the person’s arterial oxygen tension is less than 60 mm/hg of room air at

rest.

A cardiovascular condition that causes the person to measure between 3

and 4 on the New York heart classification scale, or that renders the

person incapable of meeting a minimum standard for cardiovascular health

that is established by the American Heart Association.

An arthritic, neurological, or orthopedic condition that severely limits the

person’s ability to walk.

The persistent reliance upon an oxygen source other than ordinary air.

“Highway” or “Street”: The entire width between the boundary lines of every

way publicly maintained when any part thereof is open to the use of the public for

purposes of vehicular travel.

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“Intersection”:

The area embraced within the prolongation or connection of the lateral

curb lines, or, if none, then the lateral boundary lines of the roadways of 2

highways which join one another at, or approximately at, right angles, or

the area within which vehicles traveling upon different highways joining

at any other angle may come in conflict.

Where a highway includes two (2) roadways 30 feet or more apart, then

every crossing of each roadway of such divided highway by an

intersecting highway shall be regarded as a separate intersection. In the

event such intersecting highway also includes two (2) roadways 30 feet or

more apart, then every crossing of two (2) roadways of such highways

shall be regarded as a separate intersection.

“Intoxicating substance”: Any substance, preparation, or combination of

substances and preparations other than alcohol or a controlled substance that is

either of the following:

Recognized as a drug in the official United States Pharmacopeia, the

official Homeopathic Pharmacopoeia of the United States, or the official

National Formulary; or

A substance, other than food, taken into a person’s body, including but not

limited to, vapors or fumes, that is used in a manner or for a purpose for

which it was not intended and that may result in a condition of

intoxication.

“License”: Any driving privilege, license, temporary instruction permit, or

temporary license issued under the laws of the State of Michigan pertaining to the

licensing of persons to operate motor vehicles subject to this Chapter.

“Motorcycle”: Every motor vehicle having a saddle or seat for the use of the rider

and designed to travel on not more than 3 wheels in contact with the ground but

excluding a tractor.

Moped”: 2- or 3- wheeled vehicle which is equipped with a motor that does not

exceed 50 cubic centimeters piston displacement, produces 2.0 brake horsepower

or less, and cannot propel the vehicle at a speed greater than 30 miles per hour on

a level surface. The power drive system shall not require the operator to shift

gears.

“Motor vehicle”: Every vehicle that is self-propelled, but does not include an offroad vehicle (ORV), or industrial equipment such as a forklift, a front-end loader,

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or other construction equipment that is not subject to registration under the laws

of the State of Michigan.

“Officer”: A law enforcement officer who is employed by the Bay Mills Indian

Community, including Conservation Officers, or any officer deputized by the Bay

Mills Indian Community.

“Operator” or “Operating”: Being in actual physical control of a vehicle

regardless of whether or not the person is licensed under this Code as an operator

or chauffeur.

“Operator”: Every person, other than a chauffeur, who is in actual physical

control of a motor vehicle upon a highway.

“Owner-operator”: An individual who holds the legal title of a commercial

vehicle and who leases the commercial vehicle under a lease or arrangement

whereby the individual is employed by the lessee to operate the leased vehicle.

“Owner”: Means any of the following:

Any person, firm, association, or corporation renting a motor vehicle or

having the exclusive use thereof, under a lease or otherwise, for a period

that is greater than 30 days.

A person who holds the legal title of a vehicle.

A person who has the immediate right of possession of a vehicle under an

installment sales contract.

“Parking”: Standing a vehicle, whether occupied or not, upon a highway, when

not loading or unloading except when making necessary repairs.

“Pedestrian”: Any person afoot.

“Person”: Every natural person, firm, co-partnership, limited liability company,

association, or corporation and their legal successors.

AA.

“Registration”: A registration certificate, plate, adhesive tab, or other indicator of

registration required for display on a vehicle pursuant to this Code.

BB.

“Revocation”: When the operator’s or chauffeur’s license and privilege to

operate a motor vehicle on the public highways are terminated and shall not be

renewed or restored until the later of the following:

The expiration of not less than 1 year after the license was revoked.

The expiration of not less than 5 years after the date of a subsequent

revocation occurring within 7 years after the date of a prior revocation.

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CC.

“Right-of-way”: The privilege of the immediate use of the highway.

DD.

“Roadway”: That portion of a highway improved, designed, or ordinarily used for

vehicular travel. In the event a highway includes 2 or more separate roadways,

the term “roadway”, as used herein, shall refer to any such roadway separately,

but not to all such roadways collectively.

EE.

“School bus”: Every motor vehicle, except station wagons, with a manufacturer’s

rated seating capacity of 16 or more passengers, including the driver, owned by a

public, private, or governmental agency and operated for the transportation of

children to or from school, or privately owned and operated for compensation for

the transportation of children to or from school. School bus does not include

buses operated by a tribe or a municipally-owned transportation system or by a

common passenger carrier certificated by the Michigan Transportation

Department.

FF.

“Sidewalk”: That portion of a street between the curb lines, or the lateral lines of

roadway, and the adjacent property lines intended for the use of pedestrians.

GG.

“Street” or “Highway”: The entire width between boundary lines of every way

publicly maintained when any part thereof is open to the use of the public for

purposes of vehicular travel.

HH.

“Stand” or “Standing”: The halting of a vehicle, other than for the purpose of, and

while engaged in, receiving or discharging passengers.

II.

“State”: Any state, territory, or possession of the United States, the District of

Columbia, or any province of the Dominion of Canada.

JJ.

“Stop” or “Stopping”: Stop or stopping when prohibited, means the halting, even

momentarily, of a vehicle, whether occupied or not. The terms do not apply to the

halting of a vehicle which is necessary to avoid conflict with other traffic or

which is in compliance with the direction of a police officer or traffic control sign

or signal.

KK.

“Suspension”: When the driver’s license and privilege to drive a motor vehicle on

the public highways are temporarily withdrawn but only during the period of the

suspension.

LL.

“Traffic”: Pedestrians, ridden or herded animals, vehicles and other conveyances

either singly or together while using any highway for purposes of travel.

MM. “Traffic control devices”: All signs, signals, markings, and devices not

inconsistent with this Code placed or erected by authority of a public body or

official having jurisdiction, for the purpose of regulating, warning or guiding

traffic.

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NN.

“Traffic control signal”: Any device whether manually, electrically or

mechanically operated, by which traffic is alternately directed to stop and to

proceed.

OO.

“Tribal Court”: Bay Mills Indian Community Tribal Court, also known as the Bay

Mills Tribal Court.

PP.

“Tribal Police Officer”: A law enforcement officer who is employed by the Bay

Mills Indian Community, including Conservation Officers.

QQ.

“Tribe”:

“The Tribe”: The Bay Mills Indian Community.

“A Tribe”: Any federally recognized Tribe.

RR.

“Vehicle”: Every device in, upon, or by which any person or property is or may

be transported or drawn upon a highway, except devices exclusively moved by

human power or used exclusively upon stationary rails or tracks and except only

for the purpose of titling and registration under the Michigan Motor Vehicle

Code, a mobile home as defined in Section 2 of the Michigan Mobile Home

Commission Act, MCL 125.2302 of the Michigan Compiled Laws. This

definition does not apply to a snowmobile subject to Chapter XVI of the Tribal

Code or to an off-road vehicle subject to Chapter XVII of the Tribal Code.

SS.

“Tenses”: The present tense includes the past and future tenses; and the future,

the present.

TT.

“Number” and “Gender”: The singular shall include the plural and the plural

shall include the singular; the masculine shall include the feminine and neuter, as

requisite.

UU.

“Shall” and “May”: Shall is mandatory and may is permissive.

803.

CIVIL INFRACTION. Any offense within this Motor Vehicle Code that does not include

imprisonment as a possible penalty is deemed to be a civil infraction. As such, the

standard of proof is by a preponderance of the evidence at any hearing or trial on a civil

infraction offense.

804.

BAY MILLS TRIBAL COURT; JUDGE; MAGISTRATE. The Judge of the Bay Mills

Tribal Court shall preside over any hearing or trial involving an alleged violation of this

Code. However, the Bay Mills Tribal Court Magistrate shall have the authority to

conduct arraignments on any and all offenses within this Code; in addition, the

Magistrate may impose sentencing where a person pleads guilty to an offense under this

Code that imposes a fine of less than or equal to $100.

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805.

PENALTIES NOT OTHERWISE PRESCRIBED. Any person who is convicted of or

found responsible for an offense enumerated in this Code for which the penalty is not

otherwise prescribed may be sentenced to a payment of a fine not to exceed $50.

806.

COMPLIANCE WITH ORDER OR DIRECTION OF TRIBAL POLICE OFFICER. A

person who refuses to comply with the lawful order or direction of a tribal police officer

when that officer, for public interest and safety, is guiding, directing, controlling, or

regulating traffic upon a highway or other place open to the general public or generally

accessible to motor vehicles, including an area designated for the parking of vehicles,

within the Bay Mills Indian Community may be sentenced to payment of a fine not to

exceed $100.

807.

FAILURE TO OBEY SIGNAL OF TRIBAL POLICE OFFICER. Any driver of a motor

vehicle who is given by hand, voice, emergency light, or a siren a visual or audible signal

by a tribal police officer or conservation officer, acting in lawful performance of his/her

duty, directing the driver to bring his or her motor vehicle to a stop, and who willfully

fails to obey that direction by increasing the speed of the motor vehicle, extinguishing the

lights of a motor vehicle, or otherwise attempting to flee or elude the officer may be

sentenced to imprisonment of not more than thirty (30) days, or to payment of a fine of

not to exceed $500, or both. In addition, the Tribal Court may order that such driver be

prohibited from driving or otherwise operating a motor vehicle upon the highway(s) of

the Bay Mills Indian Community for up to sixty (60) days. The officer giving the signal

shall be in uniform and/or the vehicle driven shall be adequately identified as an official

police vehicle.

808.

SPEED RESTRICTIONS.

Careful and prudent speed (where no posted speed limitation) - A person

operating or driving a vehicle on a highway within the Bay Mills Indian

Community shall drive at a careful and prudent rate of speed not greater nor less

than is reasonable and proper, having due regard to the traffic, surface, and width

of the highway and of any other existing condition. A person shall not drive a

vehicle upon a highway greater than that which will permit a stop within the

assured, clear distance ahead. A person who violates this provision may be

sentenced to payment of a fine not to exceed $100.

Posted speed limitation - A person who exceeds any posted speed limitation

within the boundaries of the Bay Mills Indian Reservation, may be sentenced as

follows:

To payment of a fine of $10.00 for each mile per hour over the posted

speed limit in a school zone during school zone hours of weekdays within

the school year between the hours of 7:30am-8:30am and 3:00pm4:00pm..

To payment of a fine of not less than $30.00 and not more than $350.00.

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To incarceration for violation of sec. 819 (H) of this chapter.

Exemption - The speed limitations set forth in this provision shall not apply to

vehicles when operated with due regard to safety under the direction of the police

in the chase or apprehension of violators of the law or persons charged with or

suspects of any such violation, nor to fire departments when traveling in response

to a fire alarm, nor to a public or private ambulance when traveling in

emergencies. However, this exemption shall not protect the driver of such vehicle

from the consequences of reckless disregard of the safety of others.

809.

FAILURE TO STOP FOR SCHOOL BUS FLASHING RED LIGHTS. The driver of a

vehicle overtaking or meeting a school bus which has stopped and is displaying two (2)

alternately flashing red lights located at the same level shall bring the vehicle to a full

stop not less than twenty (20) feet from the school bus and shall not proceed until the

school bus resumes motion or the visual signals are no longer activated. A person

violating this provision is deemed guilty of a misdemeanor and may be sentenced to

imprisonment of not more than sixty (60) days, payment of a fine not to exceed $300,

community service not to exceed 100 hours (preferably to be served at a school), or all of

these.

810.

TRAFFIC DEVICES AND SIGNS; FAILURE TO OBEY. The driver of a motor vehicle

shall not disobey the instructions of a traffic-control device, sign, or signal, unless

otherwise directed by an officer at the time. In addition, the driver of a vehicle shall not,

for the purpose of avoiding obedience to a traffic-control device or sign, drive upon or

through private or public property which is not a street or highway. A person violating

this provision may be sentenced to payment of a fine not to exceed $50.

811.

TRAFFIC SIGNS OR SIGNALS; DEFACING, DESTROYING AND/OR REMOVING.

No person shall deface, destroy, alter, damage and/or remove a traffic or parking sign,

signal or traffic-control device that is located within the Bay Mills Indian Community. A

person who violates this provision may be sentenced to imprisonment of not more than

thirty (30) days, payment of a fine not to exceed $200, restitution, or all of these.

812.

DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING;

FOLLOWING TOO CLOSELY.

Driving on right half of roadway - Upon all highways of sufficient width, the

driver of the vehicle shall drive upon the right half of the roadway, except as

follows:

When overtaking and passing another vehicle proceeding in the same

direction; or

When the right half of a roadway is closed to traffic while under

construction or repair or when an obstruction exists making it necessary to

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drive to the left of the center of the highway. A driver who is driving on

the left half of a roadway under this subsection shall yield the right-of-way

to any oncoming vehicle traveling in the proper direction upon the

unobstructed portion of the roadway.

Passing vehicle proceeding in opposite direction - Drivers of vehicles proceeding

in opposite directions shall pass each other to the right, each giving to the other

(as nearly as possible) not less than one-half (1/2) of the main traveled portion of

the roadway.

Overtaking and passing of vehicles proceeding in same directions - The following

rules shall govern the overtaking and passing of vehicles proceeding in the same

direction, subject to those limitations, exceptions and special rules stated in

Subsections D to F herein:

The driver of a vehicle overtaking another vehicle proceeding in the same

direction shall pass at a safe distance to the left of that vehicle, and when

safely clear of the overtaking vehicle shall take up a position as near the

right-hand edge of the main traveled portion of the highway as is

practicable.

Except when overtaking and passing on the right is permitted, the driver of

an overtaken vehicle shall give way to the right in favor of the overtaking

vehicle on audible signal and shall not increase the speed of his or her

vehicle until completely passed by the overtaking vehicle.

Overtaking and passing on left of another vehicle - A vehicle shall not overtake

and pass another vehicle proceeding in the same direction unless the left side or

center lane is clearly visible and is free of oncoming traffic for a sufficient

distance ahead to permit the overtaking and passing to be completely made

without interfering with the safe operation of a vehicle approaching from the

opposite direction or the vehicle overtaken.

Limitations applicable to driving left side of roadway - No person shall at any

time drive a vehicle to the left side of the roadway under the following conditions:

When approaching the crest of a grade or upon a curve in the highway

where the driver’s view is obstructed within a distance as to create a

hazard in the event another vehicle might approach from the opposite

direction;

When the view is obstructed upon approaching within one hundred (100)

feet of a bridge, viaduct, or tunnel; or

When a no-passing zone is appropriately signed or marked on the

roadway.

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Overtaking and passing on right of another vehicle - The driver of a vehicle may

overtake and pass upon the right of another vehicle only if one or more of the

following conditions exist:

When the vehicle overtaken is making or about to make a left turn.

Upon a highway with unobstructed pavement not occupied by parked

vehicles of sufficient width for two (2) or more lines of moving vehicles in

each direction and when the vehicles are moving in substantially

continuous lanes of traffic.

Upon a one-way street or upon a roadway on which traffic is restricted to

one direction of movement, where the roadway is free from obstructions

and a sufficient width for two (2) or more lines of moving vehicles and

when the vehicles are moving substantially continuous lanes of traffic.

Further, the driver of a vehicle may overtake and pass another vehicle upon the

right only under conditions permitting the overtaking and passing in safety. The

driver of a vehicle shall not overtake and pass another vehicle upon the right by

driving off the pavement or main traveled portion of the roadway.

813.

Following too closely; distance between vehicles - The driver of a motor vehicle

shall not follow another vehicle more closely than is reasonable and prudent,

having due regard to the speed of the vehicles and the traffic upon and the

condition of the highway.

Penalty - A person violating this provision may be sentenced to a fine not to

exceed $50.

RIGHT-OF-WAY; STOP; AUTHORIZED EMERGENCY VEHICLE OR FUNERAL

PROCESSION; PEDESTRIAN.

Right-of-way; vehicle(s) approach at different time - The driver of a vehicle

approaching an intersection shall yield the right-of-way to a vehicle which has

entered the intersection from a different highway.

Right-of-way; vehicle(s) approach at same time - When two vehicles enter an

intersection from different highways at approximately the same time, the driver of

the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Yield sign - The driver of a vehicle approaching a yield sign, in obedience to the

sign, shall slow down to a speed reasonable for the existing conditions and shall

yield the right-of-way to a vehicle in the intersection or approaching on another

highway so closely as to constitute an immediate hazard during the time the driver

would be moving across or within the intersection. However, if required for

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safety to stop, the driver shall stop before entering the crosswalk on the near side

of the intersection or, if there is not a crosswalk, at a clearly marked

stop/ngaashkaan sign; but if there is not a crosswalk or a clearly marked

stop/ngaashkaan sign, then at the point nearest the intersecting roadway where the

driver has a view of approaching traffic on the intersecting roadway.

Stop/Ngaashkaan sign - The driver of a vehicle approaching a stop intersection

indicated by a stop/ngaashkaan sign shall stop before entering the crosswalk on

the nearest side of the intersection, or if there is not a crosswalk shall stop at a

clearly marked stop line; or if there is not a crosswalk or a clearly marked stop

line, then at the point nearest the intersecting roadway where the driver has a view

of approaching traffic on the intersecting roadway. After having stopped, the

driver shall yield the right-of-way to a vehicle which has entered the intersection

from another highway or which is approaching so closely on the highway as to

constitute an immediate hazard during the time when the driver would be moving

across or within the intersection. A traffic control sign or signal for Stop may also

include the Anishinaabe word “Ngaashkaan”.

Turning left at intersection/right-of-way

Turning left without a signal or with a 4-way stop - The driver of a

vehicle within an intersection where there are no signals or where there is

a 4-way stop intending to turn to the left shall yield the right-of-way to a

vehicle approaching from the opposite direction which is within the

intersection or so close to the intersection as to constitute an immediate

hazard; but the driver, having so yielded and having given a signal when

and as required by this provision, may make the left turn and the drivers of

all other vehicles approaching the intersection from the opposite direction

shall yield the right-of-way to the vehicle making the left turn.

Turning left at a signal - At an intersection where a traffic signal is

located, a driver intending to make a left turn shall permit vehicles bound

straight through in the opposite direction to pass through the intersection

before making the turn.

Turning left from a highway into a driveway - The driver of a vehicle turning left

from a highway into a driveway shall yield the right-of-way to vehicle(s)

approaching on the highway.

Entering or crossing highway from alley, private road, or driveway - The driver of

a vehicle about to enter or cross a highway from an alley, private road, or

driveway shall come to a full stop before entering the highway and shall yield the

right-of-way to vehicles approaching on the highway.

Immediate approach of authorized emergency vehicle - Upon the approach of an

authorized emergency vehicle equipped with and making use of audible signals

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and/or flashing, rotating, or oscillating signals, the driver of another vehicle shall

yield the right-of-way and shall immediately drive to a position parallel to and as

close as possible to the right-hand edge or curb of the roadway, clear of any

intersection, and shall stop and remain in that position until the authorized

emergency vehicle has passed, except when otherwise directed by a tribal police

officer. This provision shall not operate to relieve the driver of an authorized

emergency vehicle from the duty to drive with due regard for the safety of persons

using the highway.

814.

Approach of funeral procession - Upon the approach of a funeral procession, the

driver of another vehicle, with the exception of fire apparatus, ambulances and

police vehicles, shall yield the right-of-way and shall immediately drive to a

position parallel to and as close as possible to the right-hand edge or curb of the

roadway, clear of any intersection, and shall stop and remain in that position until

the entire funeral procession has passed, except when otherwise directed by a

tribal police officer. In addition, the driver of a vehicle that approaches a funeral

procession from the rear shall not pass said funeral procession.

Pedestrians - Where sidewalks are provided, a pedestrian shall not walk upon the

main traveled portion of the highway. Where sidewalks are not provided,

pedestrians shall, when practicable, walk on the left side of the highway facing

traffic which passes nearest.

Crosswalk – The driver of a vehicle approaching a crosswalk indicated by a sign

or marked pavement shall stop before entering the crosswalk, yielding to

pedestrians entering and/or traversing the crosswalk.

Penalty - A person who violates any subsection of this provision may be

sentenced to a fine not to exceed $100.

TURNING; SIGNALS ON STOPPING AND TURNING.

Turning at intersection - The driver of a vehicle intending to turn at an

intersection shall do so as follows:

Both the approach for a right turn and a right turn shall be made as close

as practicable to the right-hand curb or edge of the roadway.

Approach for a left turn shall be made in that portion of the right half of

the roadway nearest the center line in a manner as not to interfere with the

progress of any other vehicle, and after entering the intersection the left

turn shall be made so as to leave the intersection to the right of the center

line of the roadway being entered.

Approach for a left turn from a 2-way roadway into a 1-way roadway shall

be made in that portion of the right half of the roadway nearest the center

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line and clear of existing car tracks in use, and by passing to the right of

the center line where it enters the intersection. Approach for a left turn

from a 1-way roadway into a 2-way roadway shall be made as close as

practicable to the left curb or edge of the roadway and by passing to the

right of the center line of the roadway being entered.

815.

Where both streets or roadways are 1-way, both the approach for a left

turn and a left turn shall be made as close as practicable to the left-hand

curb or edge of the roadway.

Signals for stopping or turning

Signal required - The driver of a vehicle or bicycle upon a highway, before

stopping or turning from a direct line, shall first see that the stopping or

turning can be made in safety and shall give a signal as required in this

Section.

Signal defined - A signal required in this Section shall be given either by

means of the hand and arm in the manner specified in this Section, or by a

mechanical or electrical signal device which conveys an intelligible signal

or warning to other highway traffic. When a signal is given by means of

the hand and arm, the driver shall indicate his or her intention to stop or

turn by extending his hand and arm from and beyond the left side of the

vehicle and signal as follows:

Left turn---hand and arm extended horizontally.

Right turn---hand and arm extended upward.

Stop or decrease speed---hand and arm extended downward.

Penalty - A person violating this Section may be sentenced to a fine not to exceed

$50.

STOPPING, STANDING OR PARKING ON A HIGHWAY.

Offense re: stop engine/set brake - No person driving or in charge of a motor

vehicle shall permit it to stand unattended without first stopping the engine,

effectively setting the brake, and when standing upon any grade, turning the front

wheels to the curb or side of the highway.

Penalty - A person who violates this Section may be sentenced to a fine not to

exceed $100.

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816.

PROHIBITED PARKING.

Offense - No person shall park a vehicle, except if necessary to avoid conflict

with other traffic or in compliance with the law or the directions of an officer or

traffic-control device, in any of the following places:

On a sidewalk.

In front of a public or private driveway, which blocks entry or exit from

said driveway.

Within an intersection.

Within 15 feet of a fire hydrant.

On a crosswalk.

Within 20 feet of a crosswalk, or if there is not a crosswalk, then within 15

feet of the intersection of property lines at an intersection of highways.

Within 30 feet of the approach to a flashing beacon, stop/ngaashkaan sign,

or traffic-control signal located at the side of a highway.

Between a safety zone and the adjacent curb or side of roadway or within

30 feet of a point on the curb or immediately opposite the end of a safety

zone, unless a different length is indicated by an official sign or marking.

Within 20 feet of the driveway entrance to a fire station and on the side of

a street opposite the entrance to a fire station within 75 feet of the entrance

if properly marked by an official sign.

10.

Alongside or opposite a street excavation or obstruction, if the stopping,

standing or parking would obstruct traffic.

11.

On the roadway side of a vehicle stopped or parked at the edge or curb of

a roadway.

12.

Upon a bridge or other elevated highway structure or within a highway

tunnel.

13.

At a place where an official sign prohibits stopping or parking.

14.

Within 500 feet of an accident at which a police officer is in attendance.

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15.

In a place or in a manner which blocks or hampers the immediate use of

an immediate egress from an emergency exit or fire escape conspicuously

marked as an emergency exit or fire escape from a building.

16.

In a parking space clearly identified by an official sign as being reserved

for use by handicappers which is on public property or private property

available for public use, unless the person is a handicapper as described in

Section 802(K) or unless the person is parking the vehicle for the benefit

of a handicapper. In order for the vehicle to be parked in the parking

space, the vehicle shall display one (1) of the following:

A certificate of identification or windshield placard issued under

MCLA 257.675 to a handicapper.

A special registration plate issued pursuant to MCLA 257.803d to

a handicapper.

A similar special certificate of identification or windshield placard

issued by a state or a tribe to a handicapper.

A similar registration plate issued by a state or a tribe to a

handicapper.

A special registration plate to which a handicapper tab is attached

issued under the Michigan Motor Vehicle Code.

17.

Within 500 feet of a fire at which fire apparatus is in attendance.

However, volunteer fire fighters responding to the fire may park within

500 feet of the fire in a manner not to interfere with fire apparatus at the

scene. A vehicle parked legally previous to the fire is exempted from this

Subsection.

18.

In violation of an official sign restricting the period of time for or manner

of parking.

19.

On a street or highway in such a way as to obstruct the delivery of mail to

a rural mailbox by a carrier of the United States Postal Service.

20.

Outside the boundaries of lines so designated for parking within parking

lots or otherwise.

21.

Parking so as to encroach on the designated travel lane of any street or

highway.

Removal of illegally parked vehicle - Whenever an officer finds a vehicle in

violation of this Section, such officer is authorized to remove such vehicle, or

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Approved by Executive Council Resolution # 25-09-15G

require the driver or other person in charge of the vehicle to move the same to a

position deemed to be legal parking. Any costs associated with removal of such a

vehicle shall be the responsibility of either the driver, owner or lessee of the

vehicle as may be determined to be applicable by the Court.

817.

818.

Penalty - A person who violates any Section of this provision shall be sentenced

to a fine not less than $25 but not to exceed $50 with the exception of a violation

to Subsection A (16) wherein a fine shall be imposed in the amount of $100.

INTERFERENCE WITH VIEW OR CONTROL OF DRIVER OR OPERATION;

OBSTRUCTION.

Driver - A person shall not drive a vehicle when it is loaded or when there are in

the front seat a number of persons so as to obstruct the view of the driver to the

front or sides of the vehicle or so as to interfere with the driver’s control over the

driving mechanism of the vehicle.

Passenger - A passenger in a vehicle shall not ride in a position as to interfere

with the driver’s or operator’s view ahead or to the sides, or to interfere with the

driver’s control over the driving mechanism of the vehicle.

Penalty - A person who violates any Section of this provision may be sentenced to

a fine not to exceed $50.

STOPPING AT SCENE OF ACCIDENT; DUTIES AND REPORTING; GIVING

INFORMATION AND AID.

Accident where injury or death - The driver of a vehicle who knows or who has

reason to believe that he or she has been involved in an accident upon either

public or private property, when the property is open to travel by the public,

resulting in either injury to or death of a person shall immediately stop his or her

vehicle at the scene of the accident and shall remain there until he or she complies

with the provisions of Subsection (C) herein; the stop shall be made without

obstructing traffic more than is necessary. A person violating this provision may

be sentenced to imprisonment of not more than one (1) year, or to payment of a

fine not to exceed $2500, or both. In addition, the Tribal Court may order that

said driver be prohibited from driving or otherwise operating a motor vehicle

upon the highways of the Bay Mills Indian Community for up to one (1) year.

Accident where damage to property - The driver of the vehicle who knows or who

has reason to believe that he or she has been involved in either an accident

resulting only in damage to a vehicle which is driven or attended by any person or

an accident resulting only in damage to fixtures or other property legally on or

adjacent to the highway shall immediately stop such vehicle at the scene of the

accident and shall remain there until he or she has complied with the provisions of

Subsection (C) herein; the stop shall be made without obstructing traffic more

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than is necessary. A person violating this provision may be sentenced to

imprisonment of not more than ninety (90) days, or to payment of a fine not to

exceed $1,000, or both.

819.

Reporting to other driver/person; giving information and aid - The driver of any

vehicle who knows or who has reason to believe that he or she has been involved

in an accident resulting in injury to or death of any person or damage to any

vehicle which is driven or attended by any person shall give his/her name and

address, the registration number of the vehicle he or she is driving, the name and

address of the owner of the vehicle he or she is driving and shall also exhibit

his/her operator’s or chauffeur’s license to the person struck or the driver or

occupant(s) of any vehicle collided with and shall render to any and all person(s)

injured in such accident reasonable assistance in securing medical aid or

transportation of said person(s). Further, the driver of any vehicle which collides

with another vehicle that is unattended, or who knows or has reason to know that

he or she has been involved in an accident resulting only in damage to fixtures or

other property legally on or adjacent to the highway, shall take reasonable steps to

locate and notify the owner or person in charge of such unattended vehicle,

fixtures, or other property involved in the accident and also provide his/her name

and address, the name and address of the owner of the vehicle which he or she is

driving, and the registration number of the vehicle he or she is driving, and shall

upon request, exhibit his/her operator’s or chauffeur’s license to said owner or

person in charge; or if such person cannot be located, said driver shall report said

accident to the nearest tribal police officer. A person violating this provision may

be sentenced to imprisonment of not more than ninety (90) days, or to payment of

a fine not to exceed $1,000, or both.

Reporting to Tribal Police Officer - The driver of a vehicle involved in an

accident either resulting in injury to or death of any person or resulting in property

damage to a motor vehicle, fixtures or other property legally on or adjacent to the

highway that appears to be in excess of $100 or more, shall as soon as practical

thereafter, give notice of such accident to a tribal police officer of the Bay Mills

Indian Community. A person violating this provision may be sentenced to

imprisonment of not more than ninety (90) days, payment of a fine not to exceed

$1,000, or both.

DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR

CONTROLLED SUBSTANCE.

Driving under intoxicating liquor or substance, controlled substance.

Offense - A person, whether licensed or not, shall not operate a vehicle

upon a highway or other place open to the general public or generally

accessible to motor vehicles, including an area designated for the parking

of vehicles, within the Bay Mills Indian Community if either of the

following applies:

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The person is under the influence of alcoholic liquor, a controlled

substance, or other intoxicating substance, or a combination of

alcoholic liquor, a controlled substance, or other intoxicating

substance.

The person has an alcohol content of 0.08 grams or more per 100

milliliters of blood, per 210 liters of breath, or per 67 milliliters of

urine.

Penalty; First Offense - A person violating this provision for a first time

may be sentenced to community service of not more than forty-five (45)

days, imprisonment of not more than ninety (90) days, payment of a fine

not to exceed $500, or all of these. In addition, see Subsections E and F

below with regard to rehabilitation and license sanctions that may also be

imposed by the Court.

Penalty; Second Offense - A person violating this provision for a second

time may be sentenced to community service of not more than ninety (90)

days, imprisonment of not more than one hundred eighty (180) days,

payment of a fine not to exceed $1,000, or all of these. In addition, see

Subsections E and F below with regard to rehabilitation and license

sanctions that may also be imposed by the Court.

Penalty; Third Offense or More - A person violating this provision for the

third time or more may be sentenced to community service of not more

than (180) days, imprisonment of not more than one (1) year, payment of a

fine not to exceed $2,500, or all of these. In addition, see Subsections E

and F below with regard to rehabilitation and license sanctions that may

also be imposed by the Court.

Penalty Enhancer Provision - Penalties set forth in this Section may be

enhanced at the Court’s discretion. In exercising such discretion, the

Court may take into account whether an accident occurred where there

was a serious injury or death; whether the driver has a prior criminal

record; treatment of the officer at the time of arrest by the driver; and other

similar factors.

Permitting person to drive vehicle while under influence of intoxicating liquor or

controlled substance

Offense - The owner of a vehicle or a person in charge or in control of a

vehicle shall not authorize or knowingly permit the vehicle to be operated

upon a highway or other place open to the general public or generally

accessible to motor vehicles, including an area designated for the parking

of motor vehicles, within the Bay Mills Indian Community by a person

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Approved by Executive Council Resolution # 25-09-15G

who is under the influence of intoxicating liquor or a controlled substance,

or a combination of intoxicating liquor and a controlled substance, or who

has an alcohol content of 0.10 grams or more per 100 milliliters of blood,

per 210 liters of breath, or per 67 milliliters of urine.

Penalty - A person violating this provision may be sentenced to

imprisonment of not more than ninety (90) days, or to payment of a fine

not to exceed $500, or both.

Visibly impaired

Offense - A person, whether licensed or not, shall not operate a vehicle

upon a highway or other place open to the general public or generally

accessible to motor vehicles, including an area designated for the parking

of vehicles, within the Bay Mills Indian Community, when due to the

consumption of an intoxicating liquor, a controlled substance, or a

combination of an intoxicating liquor and a controlled substance, the

person’s ability to operate the vehicle is visibly impaired. If a person is

charged with violating Subsection (A) herein, a finding of guilty under this

Subsection may be rendered.

Penalty; First Offense - A person violating this provision for a first time

may be sentenced to community service of not more than thirty (30) days,

imprisonment of not more than sixty (60) days, payment of a fine not to

exceed $300, or all of these. In addition, see Subsections E and F below

with regard to rehabilitation and license sanctions that may also be

imposed by the Court.

Penalty; Second Offense - A person violating this provision for a second

time may be sentenced to community service of not less than sixty (60)

days, imprisonment of not more than ninety (90) days, payment of a fine

not to exceed $750, or all of these. In addition, see Subsections E and F

below with regard to rehabilitation and license sanctions that may also be

imposed by the Court.

Penalty; Third Offense or more - A person violating this provision for a

third time or more may be sentenced to community service of not more

than one hundred eighty (180) days, imprisonment of not more than one

hundred twenty (120) days, payment of a fine not to exceed $1,250, or all

of these. In addition, see Subsections E and F below with regard to

rehabilitation and license sanctions that may also be imposed by the Court.

Driving under the influence of intoxicating liquor when person is less than 21

years of age

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Approved by Executive Council Resolution # 25-09-15G

Offense - A person who is less than 21 years of age, whether licensed or

not, shall not operate a vehicle upon a highway or other place open to the

general public or generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within the Bay Mills Indian

Community if the person has any bodily alcohol content. As used in this

Subsection, “any bodily alcohol content” means either of the following:

An alcohol content of not less than 0.02 grams or more than 0.07

grams per 100 milliliters of blood, per 210 liters of breath, or per

67 milliliters of urine.

Any presence of alcohol within a person’s body resulting from the

consumption of intoxicating liquor, excepting consumption of

intoxicating liquor as a part of a generally recognized religious

service or traditional ceremony.

Penalty; First Offense - A person violating this provision for a first time

may be sentenced to community service of not more than forty-five (45)

days, payment of a fine not to exceed $250, or both. In addition, see

Subsections E and F below with regard to rehabilitation and license

sanctions that may also be imposed by the Court.

Penalty; Second Offense or more - A person violating this provision for a

second time or more may be sentenced to community service of not more

than sixty (60) days, payment of a fine not to exceed $500, or both. In

addition, see Subsections E and F below with regard to rehabilitation and

license sanctions that may also be imposed by the Court.

Screening and Assessment; Rehabilitative Services/Treatment Programs - Before

imposing a sentence for a violation of Subsections A, B, C, or D herein, the Tribal

Court may order the person to undergo screening and assessment by a person or

agency designated by the Bay Mills Office of Substance Abuse Services or other

similar agency to determine whether the person is likely to benefit from

rehabilitative services, including alcohol or drug education and/or treatment

programs. As a part of the sentence, the Court may order the person to participate

in and successfully complete one or more appropriate rehabilitative programs.

The person shall pay for the cost of the screening, assessment, and rehabilitative

services; however, if the person is unable to afford the screening, assessment,

and/or rehabilitative/treatment programs, the Tribal Court may still order the same

provided that the Bay Mills Indian Community Health Services advises the Tribal

Court that there are other available means for covering the cost(s).

Licenses Sanctions; Acceptance of Plea of Guilty/Advising of Suspension or

Revocation - Before accepting a plea of guilty under this Section, the Tribal

Court shall advise the accused that the consequences of a plea of guilty include

the suspension or revocation of his or her operator’s or chauffeur’s license being a

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Approved by Executive Council Resolution # 25-09-15G

possible penalty imposed for violation of this Section. In addition to the other

penalties set forth in this Section, the Court may order any of the following

concerning the operator’s or chauffeur’s license of the driver:

Suspend or revoke said License; and/or

Require the driver to surrender his or her operator’s or chauffeur’s license

to the Court immediately; or

Order that the person may not drive or otherwise

operator a motor vehicle upon the highways or other place open to the

general public or generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within the Bay Mills Indian

Community for a definite or indefinite period of time, subject to the

Court’s discretion.

Restricted License - In the event that the Tribal Court either suspends or revokes

the privilege of driving as set forth in Subsection F above, the defendant may

petition or request a restricted license or restricted order upon good cause shown.

In making such a request, the defendant must also demonstrate that he or she is

unable to take public transportation to and/or from his or her work location,

educational institution, treatment location or Court-Ordered Community Service

Program and that he or she does not have any family members or others able to

provide such transportation. In the event that the Court determines that good

cause has been shown for a restricted license, such a restricted license or Court

Order restricting the driving of a motor vehicle within the Bay Mills Indian

Community shall be

limited to one or more of the following:

Drive to and from the person’s residence and work location.

Drive in the course of the person’s employment or occupation.

Drive to and from the person’s residence and an alcohol or drug education

or treatment program as ordered by the Court.

Drive to and from the person’s residence and the Court probation

department, or a court-ordered community service program, or both.

Drive to and from the person’s residence and an educational institution at

which the person is enrolled as a student.

In the event that the Tribal Court orders such a license restriction, the Court Order

shall indicate the work, school or other appropriate location of the person to

whom it is issued and the approved route or routes and permitted times of travel.

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Approved by Executive Council Resolution # 25-09-15G

820.

ARREST WITHOUT WARRANT WHERE REASONABLE CAUSE TO BELIEVE

THE OPERATOR OF VEHICLE INVOLVED IN ACCIDENT IN VIOLATION OF

SECTION 819_A, C or D; PRELIMINARY CHEMICAL BREATH ANALYSIS;

TESTING; EVIDENCE; AVAILABILITY OF TEST RESULTS; PRESUMPTIONS;

ADMISSIBILITY OF EVIDENCE; REFUSAL TO SUBMIT TO CHEMICAL TEST.

Arrest without warrant where reasonable cause - An officer may arrest a person

without a warrant or detain a person for such arrest when the officer has

reasonable cause to believe the person was, at the time of an accident within the

Bay Mills Indian Community, the operator of a vehicle involved in an accident

and was operating the vehicle in violation of Section 819 A, C or D.

Preliminary chemical breath analysis - An officer who has reasonable cause to

believe that a person was operating a vehicle upon a public highway or other

place open to the public or generally accessible to motor vehicles, including an

area designated for the parking of vehicles, within the Bay Mills Indian

Community and that the person by the consumption of intoxicating liquor may

have affected his or her ability to operate a vehicle, or reasonable cause to believe

that a person was operating a commercial motor vehicle within the Bay Mills

Indian Community while the person’s blood, breath or urine contained any

measurable amount of alcohol or while the person had any detectable presence of

intoxicating liquor, or reasonable cause to believe that a person who is less than

twenty-one (21) years of age was operating a vehicle upon a public highway or

other place open to the public or generally accessible to motor vehicles, including

an area designated for the parking of vehicles, within the Bay Mills Indian

Community while the person had any bodily alcohol content as the term is

defined in Section 819(D)(1) may require the person to submit to a preliminary

chemical breath analysis. The following provisions apply with respect to a

preliminary chemical breath analysis administered pursuant to this Subsection:

An officer may arrest a person or detain a person for arrest based in whole

or in part upon the results of a preliminary chemical breath analysis.

The results of a preliminary chemical breath analysis are admissible in a

prosecution for a violation of Section 819 for one or more of the following

purposes:

To assist the Tribal Court in determining a challenge to the validity

of an arrest. This subparagraph does not limit the introduction of

other competent evidence offered to establish the validity of an

arrest.

As evidence of the defendant’s breath alcohol content, if offered

by the defendant.

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As evidence of the defendant’s breath alcohol content, if offered

by the prosecution to rebut testimony or other evidence, including

but not limited to testimony elicited on cross-examination of a

prosecution witness, that is offered or elicited to prove that the

defendant’s breath alcohol content was lower at the time of the

charged offense than when a chemical test was administered

pursuant to Subsection C herein.

A person who refuses to submit to a preliminary chemical breath analysis

upon a lawful request by an officer is responsible for a civil infraction.

Chemical test and analysis of blood, urine or breath (other than preliminary

chemical breath analysis) - The following provisions apply with respect to

chemical tests and analysis of a person’s blood, urine, or breath, other than

preliminary chemical breath analysis:

The amount of alcohol or presence of a controlled substance or both in a

driver’s blood or urine or the amount of alcohol in a person’s breath at the

time alleged as shown by chemical analysis of the person’s blood, urine,

or breath is admissible into evidence in any civil or criminal proceeding.

A person arrested and/or charged with violating Section 819 shall be

advised of all of the following:

If he or she takes a chemical test of his or her blood, urine, or

breath administered at the request of an officer, he or she has the

right to demand that a person of his or her own choosing

administer 1 of the chemical tests.

The results of the test are admissible in a Court proceeding as

provided under this Motor Vehicle and Parking Code and will be

considered with other competent evidence in determining the

defendant’s innocence, guilt or responsibility.

He or she is responsible for obtaining a chemical analysis of a test

sample obtained pursuant to his or her own request.

If he or she refuses the request of an officer to take a test described

in Subparagraph (a), a test shall not be given without a Court order,

but the officer may seek to obtain such a Court order.

Refusing an officer’s request to take a test described in

Subparagraph (a) will result in either the suspension of his or her

operator’s or chauffeur’s license and vehicle group designation or

operating privilege or entry of a Court Order prohibiting the

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Approved by Executive Council Resolution # 25-09-15G

operation of a motor vehicle within the Bay Mills Indian

Community.

A sample or specimen of urine or breath shall be taken and collected in a

reasonable manner. Only a licensed physician, or an individual operating

under the delegation of a licensed physician who is qualified to withdraw

blood and acting in a medical environment, may withdraw blood at an

officer’s request to determine the amount of alcohol or presence of a

controlled substance or both in the person’s blood, as provided in this

Subsection.

A chemical test described in this Subsection shall be administered at the

request of an officer having reasonable grounds to believe the person has

violated Section 819. A person who takes a chemical test administered at

an officer’s request as provided in this Section shall be given a reasonable

opportunity to have a person of his or her own choosing administer one of

the chemical tests described in this Subsection within a reasonable time

after his or her detention. The test results are admissible in Court and

shall be considered with other competent evidence in determining the

defendant’s innocence, guilt or responsibility. If the person charged is

administered a chemical test by a person of his or her own choosing, the

person charged is responsible for obtaining the chemical analysis of the

test sample.

If, after an accident, the driver of a vehicle involved in an accident is

transported to a medical facility and a sample of the driver’s blood is

withdrawn at the time for medical treatment, the results of a chemical

analysis of that sample are admissible in any civil or criminal proceeding

to show the amount of alcohol or presence of a controlled substance or

both in the person’s blood at the time of the accident, regardless of

whether the person had been offered or refused a chemical test. The

medical facility or person performing the chemical analysis shall disclose

the results of the analysis to a tribal or other applicable prosecuting

attorney who requests the results for use in a prosecution. A medical

facility or person disclosing information in compliance with this

Subsection is not civilly or criminally liable for making the disclosure.

If, after an accident, the driver of a vehicle involved in the accident is

deceased, a sample of the decedent’s blood shall be withdrawn in a matter

directed by the medical examiner to determine the amount of alcohol or

the presence of a controlled substance, or both, in the decedent’s blood at

the time of the accident. The medical examiner shall give the results of

the chemical analysis of the sample to the law enforcement agency

investigating the accident and that agency shall forward the results to any

other applicable law enforcement agency.

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Approved by Executive Council Resolution # 25-09-15G

In administering chemical tests for the purposes of this Section, a tribal

officer shall comply with any uniform rules that are promulgated by the

Michigan Department of State Police; similarly, an instrument for

preliminary chemical breath analysis may be used for a chemical test

described in this Subsection if approved pursuant to rules promulgated by

the Michigan Department of State Police.

Evidence - The provisions of Subsection C relating to chemical testing do not

limit the introduction of any other competent evidence bearing upon the question

of whether a person was impaired by, or under the influence, of intoxicating

liquor or a controlled substance, or a combination of intoxicating liquor and a

controlled substance, or whether the person had an alcohol content of 0.10 grams

or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters

of urine, or if the person is less than 21 years of age, whether the person had any

bodily alcohol content within his or her body. As used in this Subsection, “any

bodily alcohol content” means either of the following:

An alcohol content of not less than 0.02 grams or more than 0.07 grams

per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of

urine.

Any presence of alcohol within a person’s body resulting from the

consumption of intoxicating liquor, excepting consumption of intoxicating

liquor as a part of a generally recognized religious service or traditional

ceremony.

Availability of test results - If a chemical test described in Subsection C is

administered, the test results shall be made available to the person charged or the

person’s attorney or advocate upon written request to the prosecution, with a copy

of the request filed with the Tribal Court. The prosecution shall furnish the

results at least ten (10) days before the day of the trial. The prosecution shall

offer the test results as evidence in that trial. Failure to fully comply with the

request bars the admission of the results into evidence by the prosecution.

Presumptions - Except in a prosecution relating solely to a violation of Section

819 (A)(1)(b) and (D), the amount of alcohol in the driver’s blood, breath, or

urine at the time alleged as shown by chemical analysis of the person’s blood,

breath, or urine gives rise to the following presumptions:

If there were at the time 0.06 grams or less of alcohol per 100 milliliters of

the defendant’s blood, per 210 liters of the defendant’s breath, or per 67

milliliters of the defendant’s urine, it is presumed that the defendant’s

ability to operate a motor vehicle was not impaired due to the consumption

of intoxicating liquor, and that the defendant was not under the influence

of intoxicating liquor.

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821.

If there were at the time more than 0.06 grams but less than 0.10 grams of

alcohol per 100 milliliters of the defendant’s blood, per 210 liters of the

defendant’s breath, or per 67 milliliters of the defendant’s urine, it is

presumed that the defendant’s ability to operate a vehicle was impaired

within the provision of Section 819 (C) due to the consumption of

intoxicating liquor.

If there were at the time 0.10 grams or more of alcohol per 100 milliliters

of the defendant’s blood, per 210 liters of defendant’s breath, or per 67

milliliters of the defendant’s urine, it is presumed that the defendant was

under the influence of intoxicating liquor.

Admissibility of evidence - A person’s refusal to submit to a chemical test as

provided in Subsection C is admissible in a prosecution described in Section 819

(C)(1) only to show that a test was offered to the defendant, but not as evidence in

determining the defendant’s innocence, guilt or responsibility. In a jury trial, the

jury shall be instructed accordingly.

Refusal to submit to chemical test - If a person refuses the request of an officer to

submit to a chemical test offered pursuant to Subsection C above, a test shall not

be given without a Court Order, but the officer may seek to obtain the Court

Order.

OPEN INTOXICANT(S) IN MOTOR VEHICLE.

Driver/Owner - The owner and/or driver of a motor vehicle shall not possess or

allow to be maintained open intoxicant(s) in or on a motor vehicle when such

vehicle is in operation upon the highway(s) of or in an area used principally for

public parking within the Bay Mills Indian Community.

Passenger - No person shall have in his or her possession or on his or her person

any open intoxicant(s) while in or on a motor vehicle in operation upon the

highway(s) of or in an area used principally for public parking within the Bay

Mills Indian Community.

Open intoxicants defined - An open intoxicant is any bottle or receptacle

containing alcoholic beverages that has been opened, or the seal broken, or the

contents of which have been partially removed.

Utility/Glove Compartment - A utility compartment or glove compartment of a

motor vehicle shall be deemed to be within the area occupied by the driver and

passengers of said vehicle.

Penalty - A person violating this provision may be sentenced to imprisonment of

not more than ninety (90) days, payment of a fine not to exceed $500, or both.

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Approved by Executive Council Resolution # 25-09-15G

822.

SAFETY BELT REQUIRED.

Driver and/or passenger - Each driver and front seat passenger of a motor vehicle

operated upon a highway or other place open to the general public or generally

accessible to motor vehicles, including an area designated for the parking of

vehicles, within the Bay Mills Indian Community shall wear a properly adjusted

and fastened safety belt, except that a child less than four (4) years of age shall be

protected by a child restraint system as required in Section 823 of this Code.

Child four (4) years of age but less than sixteen (16) years of age - Each driver of

a motor vehicle transporting a child four (4) years of age or more but less than

sixteen (16) years of age in a motor vehicle shall secure the child in a properly

adjusted and fastened safety belt.

The first exception to Subsection B is that a child at least four (4) years of

age or more but less than sixteen (16) years of age may be transported in

the rear seat or seats of a vehicle with no safety belt if:

The second exception to Subsection B is if:

the vehicle is transporting more children than there are safety belts,

and

all passengers in the front seat are in compliance with Subsection

A above.

the motor vehicle is a pick-up truck without an extended cab or

jump seats and all safety belts in the front seat are being used, the

driver may transport such a child in the front seat without a safety

belt.

Exceptions - This Section shall not apply to a driver or passenger of:

A motor vehicle manufactured before January 1, 1965.

A bus.

A motorcycle.

A moped.

A motor vehicle if the driver or passenger possesses a written verification

from a physician that the driver or passenger is unable to wear a safety belt

for physical or medical reasons.

A motor vehicle which is not required to be equipped with safety belts

under federal law.

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823.

A commercial or United States Postal Service vehicle which makes

frequent stops for the purpose of pickup or delivery of goods or services.

A motor vehicle operated by a rural carrier of the United States Postal

Service while serving his or her rural postal route.

A passenger of a school bus.

Penalty - A person who violates this Section may be sentenced to a fine not to

exceed $200.

CHILD RESTRAINT SYSTEM REQUIRED.

824.

Offense - A driver transporting a child in a motor vehicle shall properly secure

each child in a child restraint system which meets the standards prescribed in 49

CFR 571.213 as follows:

Any child less than one (1) year of age.

Any child one (1) year of age or more but less than four (4) years of age,

when transported in the front seat.

Any child one (1) year of age or more but less than four (4) years of age,

when transported in the rear seat; however, as an alternative, a child of this

age when transported in the rear seat may be secured by a safety belt

provided in the motor vehicle.

Exception - This Section does not apply if the motor vehicle being driven is a bus,

school bus, taxi cab, moped, motorcycle, or other motor vehicle not required to be

equipped with safety belts under federal law or regulation.

Penalty - A person who violates this Section may be sentenced to a fine not to

exceed $250.

OPERATOR’S AND CHAUFFEUR’S LICENSE.

Possession of valid license - A person shall not drive a motor vehicle upon a

highway or other place open to the general public or generally accessible to motor

vehicles, including an area designated for the parking of vehicles, within the Bay

Mills Indian Community unless he or she possesses at all times a valid operator or

chauffeur license, and shall display the same upon demand of any Tribal Police

Officer, who shall identify himself or herself as such. A person violating this

provision may be sentenced to imprisonment of not more than sixty (60) days,

payment of a fine not to exceed $100, or both.

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Invalid License - A person shall not drive a motor vehicle upon a highway or

other place open to the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within the Bay Mills

Indian Community unless that person has a valid operator’s or chauffeur’s license

with the appropriate group designation and/or other endorsements for the type or

class of vehicle being driven or towed as required by the State or Tribe that issued

said license. A person violating this provision may be sentenced to imprisonment

of not more than ninety (90) days, payment of a fine not to exceed $150, or both.

Suspended or Revoked License - A person shall not drive a motor vehicle upon a

highway or other place open to the general public or generally accessible to motor

vehicles, including an area designated for the parking of vehicles, within the Bay

Mills Indian Community if that person’s license has been canceled, suspended or

revoked by any State or Tribe. A person violating this provision may be

sentenced to imprisonment of not more than one hundred eighty (180) days,

payment of a fine not to exceed $1,000, or both. In addition, the Tribal Court may

report this violation and the disposition of the same to the State or Tribe that

canceled, suspended or revoked said license.

Restricted License (via Court Order) - A person whose license has been restricted

by any State or Tribal Court shall not drive a motor vehicle upon a highway or

other place open to the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within the Bay Mills

Indian Community in violation of the restrictions set forth in said Court Order. A

person violating this provision may be sentenced to imprisonment of not more

than one hundred eighty (180) days, payment of a fine not to exceed $1,000, or

both. In addition, the Tribal Court may report this violation and its disposition to

the Court that restricted the license of said driver.

Permit operation of vehicle in violation of this section - No person shall

knowingly authorize or permit a motor vehicle owned by him/her or under his/her

control to be driven by any person who is in violation of Subsections A, B, C or D

herein. A person violating this provision may be sentenced to imprisonment of

not more than thirty (30) days, payment of a fine not to exceed $300, or both.

Permit operation of vehicle by unlicensed minor - It shall be unlawful for any

person to cause or knowingly permit any minor to drive a motor vehicle upon a

highway or other place open to the general public or generally accessible to motor

vehicles, including an area designated for the parking of vehicles, within the Bay

Mills Indian Community unless the minor has first obtained either a license to

drive a motor vehicle or a temporary instruction driving permit as referred to in

Subsection (G) herein. A person violating this provision may be sentenced to

imprisonment of not more than thirty (30) days, payment of a fine not to exceed

($300), or both.

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Approved by Executive Council Resolution # 25-09-15G

825.

826.

Temporary instruction driving permit - In the event that a person has been issued

a temporary instruction driving permit by a Tribe or State, said person shall not

drive a vehicle upon a highway or other place open to the general public or

generally accessible to motor vehicles, including an area designated for the

parking of vehicles, within the Bay Mills Indian Community unless he or she

possesses said temporary instruction driving permit and is accompanied by a

licensed adult operator or chauffeur who is actually occupying a seat beside the

driver. A person violating this provision may be sentenced to imprisonment of

not more than thirty (30) days, payment of a fine not to exceed $300, or both.

PICK-UP TRUCK; PASSENGER PROHIBITION.

Owners/Operator - The owner of a pick-up truck or a person in charge or in

control of a pick-up truck shall not permit any passenger who is less than the age

of eighteen (18) years to ride in the box portion of the pick-up truck at any time.

Passenger - A passenger in a pick-up truck who is less that the age of eighteen

(18) years shall not ride in the box portion of a pick-up truck at any time.

Penalty - A person violating this Section may be sentenced to imprisonment of

not more than ninety (90) days, payment of a fine not to exceed $1,000, or both.

REGISTRATION; LICENSE PLATE; AND INSURANCE.

Registration - A person shall not drive or otherwise operate a motor vehicle or

other vehicle that is required to be registered under the laws of the State of

Michigan or a Tribe upon a highway or other place open to the general public or

generally accessible to motor vehicles, including an area designated for the

parking of vehicles, within the Bay Mills Indian Community that is not properly

registered in accordance with the laws of the State of Michigan or a Tribe.

Registration/License Plate - A person shall not operate, nor shall an owner

knowingly permit to be operated, upon a highway or other place open to the

general public or generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within the Bay Mills Indian Community a

vehicle required to be registered in accordance with the laws of the State of

Michigan or a Tribe unless there is attached to and displayed on the vehicle a

valid registration or license plate in the location on said vehicle as required by

Michigan or Tribal Law.

Liability Insurance - A person shall not operate, nor shall an owner knowingly

permit to be operated, upon a highway or other place open to the general public or

generally accessible to motor vehicles, including an area designated for the

parking of vehicles, within the Bay Mills Indian Community a vehicle unless said

vehicle shall have in full force and effect at the time of said operation a policy of

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Approved by Executive Council Resolution # 25-09-15G

liability insurance comporting in all respects with the laws of the State of

Michigan or the Tribe.

Penalty - A person violating this provision may be sentenced to a fine not to

exceed $100. In addition, the Tribal Court may require the driver and/or owner of

a vehicle to secure the appropriate registration, license plate, or insurance within a

designated time period and to provide proof of the same to the Tribal Court.

827.

REPRODUCTION; ALTERATION; COUNTERFEIT; FORGING OF VEHICLE

DOCUMENTS. A person shall not reproduce, alter, counterfeit, forge or duplicate a

certificate of title, registration certificate, registration plate, operator’s or chauffeur’s

license, motorcycle endorsement, or other document required by this Code. In addition, a

person shall not knowingly possess, sell, offer for sale, or otherwise use any such

document that has been reproduced, altered, counterfeited, forged, duplicated or

otherwise aid in the commission of such offense. A person violating this provision may

be sentenced to imprisonment of not more than one (1) year, payment of a fine not to

exceed $1,500, or both.

828.

EQUIPMENT REQUIRED; UNSAFE CONDITION. A person shall not drive or move

or the owner shall not cause or knowingly permit to be driven or moved on a highway or

other place open to the general public or generally accessible to motor vehicles, including

an area designated for the parking of vehicles, within the Bay Mills Indian Community a

vehicle or combination of vehicles which is in such an unsafe condition as to endanger a

person, or which does not contain those parts or is not at all times equipped with such

equipment as required by the Michigan Motor Vehicle Code (more specifically, MCL

257.683-.715a) or comparable tribal provision. A person who violates this provision with

respect to equipment on vehicles may be sentenced to payment of a fine not to exceed

$100, a Court Order requiring immediate correction or modification of any unsafe

condition or defective equipment, or both. In addition, a tribal police officer upon

reasonable grounds shown may stop a vehicle to inspect the vehicle, and if any defects in

equipment are found, issue a citation to the driver and also order, in said citation, the

driver to have the defect or defects repaired immediately.

829.

OPERATION OF BICYCLES, MOTORCYCLES AND MOPEDS.

Duty of parent or guardian; laws applicable to bicycles or motorcycles 1.

The parent of a child or the guardian of a ward shall not authorize or

knowingly permit the child or ward to violate this Section.

The provisions applicable to bicycles in this Section shall apply when a

bicycle is operated upon a highway or upon a path set aside for the

exclusive use of bicycles within the Bay Mills Indian Community, subject

to any exceptions stated in this Section.

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Approved by Executive Council Resolution # 25-09-15G

The provisions applicable to motorcycles in this Section shall be

considered supplementary to other Sections of this Code governing the

operation of motorcycles.

Rights/Duties of persons operating bicycle/moped - Every person riding a bicycle

or moped upon a roadway shall be granted all of the rights and shall be subject to

all of the duties applicable to the driver of a vehicle as set forth in this Code,

except as to special regulations in this Section and except as to those provisions of

this Code which by their nature do not have application.

Riding on seat; number of persons; crash helmets; autocycle requirements

Permit and regular seat - A person propelling a bicycle or operating a

motorcycle or moped shall not ride other than upon and astride a

permanent and regular seat attached to that vehicle.

Bicycle or motorcycle; number of persons - A bicycle or motorcycle shall

not be used to carry more persons at one (1) time than the number for

which it is designed and equipped.

Moped; number of persons - A moped shall not be used to carry more than

one person at a time.

Crash helmet - A person operating or riding on a motorcycle or a moped

on a public thoroughfare shall wear a crash helmet on his or her head.

Such crash helmet shall be of a type that has been approved by the

Michigan Department of State Police and any and all rules or regulations

promulgated by the Michigan Department of State Police regarding such

helmets shall apply to this Subsection. However, this Subsection does not

apply to a person operating or riding in an autocycle if the vehicle is

equipped with a roof which meets or exceeds standards for a crash helmet.

Bike Helmet - A person less than sixteen (16) years of age operating or

riding on a bicycle shall wear a bike helmet on his or her head. Any

person violating this provision shall be subject to the penalty provision set

forth in Subsection 829(I); in addition, the parent(s) or guardian(s) of said

person may also be charged with violating this provision.

Autocycle; seat belts - A person operating or riding in an autocycle shall

wear seat belts when on a highway within the Bay Mills Indian

Community.

Seats and foot rest - In addition to Subsection C (1) herein, a motorcycle

shall be equipped with adequate seats and foot rests or pegs for each

designated seating position. Foot rests or pegs must be securely attached.

A passenger shall not ride on a motorcycle unless his or her feet can rest

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Approved by Executive Council Resolution # 25-09-15G

on the assigned foot rests or pegs except that this requirement does not

apply to a person who is unable to reach the foot rests or pegs due to a

permanent physical disability.

Operation while attached to vehicle - A person riding upon a bicycle, moped or

motorcycle, coaster, roller skates, roller blades, sled, or toy vehicle shall not

attach the same or himself or herself to a vehicle upon any roadway or highway or

other place open to the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within the Bay Mills

Indian Community.

Operation of bicycles, motorcycles, or mopeds on roadway, bicycle path, or

sidewalk 1.

A person operating a bicycle or moped upon a roadway shall ride as near

to the right side of the roadway as practicable, exercising due care when

passing a standing vehicle or one proceeding in the same direction. A

motorcycle is entitled to full use of a lane and a motor vehicle shall not be

driven in such a manner as to deprive a motorcycle of the full use of a

lane. This Subsection shall not apply to motorcycles operated two (2)

abreast in a single lane.

A person riding a bicycle or moped upon a roadway or part of a roadway

set aside for the use of those vehicles shall ride single file.

Where a usable and designated path for bicycles is provided adjacent to a

roadway, a bicycle rider shall use such path and shall not use the roadway.

A person operating a motorcycle, moped, or a bicycle shall not pass

between lines of traffic, but may pass on the left of traffic moving in his

direction in the case of a 2-way street, or on the left or right of traffic in

the case of a 1-way street, in an unoccupied lane.

A person operating a bicycle on a sidewalk constructed for the use of

pedestrians shall yield the right-of-way to a pedestrian and shall give an

audible signal before overtaking and passing the pedestrian.

A moped shall not be operated on a sidewalk constructed for the use of

pedestrians.

A person shall not operate a bicycle, motorcycle, or moped at a speed

greater than is reasonable and prudent under the conditions then existing.

The operator of a bicycle who emerges from an alley, driveway, or

building shall, upon approaching a sidewalk or the sidewalk area

extending across any alleyway, yield the right-of-way to all pedestrians

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approaching on the sidewalk area and, upon entering the roadway, shall

yield the right-of-way to all vehicles approaching on the roadway.

A person shall not park a bicycle on a sidewalk where bicycle parking is

prohibited by official traffic-control devices. A person shall not park a

bicycle on a sidewalk in a manner that would unreasonably obstruct

pedestrian or other traffic.

10.

When a sign is erected on a sidewalk which prohibits the riding of

bicycles thereon by any person, a person shall obey the sign.

11.

This Section shall not apply to a tribal police officer in the performance of

his or her official duties.

Carrying package, bundle or article - A person operating a bicycle, moped, or

motorcycle shall not carry any package, bundle, or article which prevents the

driver from keeping both hands upon the handlebars of the vehicle.

Motorcycle or moped; equipment - A person shall not operate on a highway or

other place open to the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within the Bay Mills

Indian Community a motorcycle or moped equipped with handlebars that are

higher than 15 inches from the lowest point from the undepressed saddle to the

highest point of the handle grip of the operator.

Bicycles; equipment 1.

A bicycle when in use at nighttime shall be equipped with a lamp on the

front which shall emit a white light visible from a distance of at least 500

feet to the front and with a red reflector on the rear which shall be visible

from all distances from 100 feet to 600 feet to the rear when directly in

front of lawful lower beams of head lamps on a motor vehicle. A lamp

emitting a red light visible from a distance of 500 feet to the rear may be

used in addition to the red reflector.

A person shall not operate a bicycle unless it is equipped with a bell or

other device capable of giving a signal audible for a distance of at least

100 feet, except that a bicycle shall not be equipped with nor shall a

person use upon a bicycle a siren or whistle.

A bicycle shall be equipped with a brake which will enable the operator to

make the braked wheels skid on dry, level, clean pavement.

A person shall not sell, offer for sale, or deliver for sale within the Bay

Mills Indian Community a bicycle or a pedal for use on a bicycle, either of

which was manufactured after January 1, 1976, unless it is equipped with

a type of reflex reflector located on the front and rear surfaces of the

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Approved by Executive Council Resolution # 25-09-15G

pedal. The reflector elements may be either integral with the construction

of the pedal or mechanically attached, but shall be sufficiently recessed

from the edge of the pedal, or of the reflector housing, to prevent contact

of the reflector element with a flat surface placed in contact with the edge

of the pedal. The pedal reflectors shall be visible from the front and rear

of the bicycle during the nighttime from a distance of 200 feet when

directly exposed to the lower beam head lamps of a motor vehicle.

830.

A person shall not sell, offer for sale, or deliver for sale within the Bay

Mills Indian Community a bicycle manufactured after January 1, 1976,

unless it is equipped with either tires which have reflective sidewalls or

with wide-angle prismatic spoke reflectors. If the bicycle is manufactured

with reflective sidewalls, the reflective portion of the sidewall shall form a

continuous circle on the sidewall, and may not be removed from the tire

without removal of tire material. If the bicycle is equipped with wideangle prismatic spoke reflectors, the reflectors of the front wheel shall be

essentially colorless or amber, and the reflectors on the rear wheel shall be

essentially colorless or red. Reflective sidewalls or spoke reflectors shall

cause the bicycle to be visible from all distances from 100 feet to 600 feet

when viewed under lawful low beam motor vehicle head lamps under

normal atmospheric conditions.

Penalty - A person who violates any Section of this provision may be sentenced to

a fine not to exceed $100, community service not to exceed twenty (20) days, or

both.

OPERATING MOTORCYCLE, MOPED, OR OTHER MOTOR VEHICLE ON

SIDEWALK OR BICYCLE PATH.

Definitions 1.

“Bicycle path” means:

a non-motorized trail comprised of a portion of a street or highway

that is separated from the roadway by an open unpaved space

which is specifically designated for bicycle travel, or

a non-motorized path or trail which is posted for the exclusive use

by pedestrians and persons riding bicycles.

“Pedestrian walkway” means a sidewalk or trail separated from the

roadway and designated for use by a person afoot or utilizing a wheelchair

or electric personal assistive mobility device.

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“Wheelchair” means a mobility aid, usable indoors, and designed for use

by individuals with mobility impairments, whether operated manually or

motorized.

Speed Limits - No person shall travel on any walk way or bicycle path, using a

bicycle or any other vehicle, at a rate of speed exceeding 20 miles per hour. A

person who violates this provision may be sentenced to imprisonment of not more

than ten (10) days, payment of a fine not to exceed $200, or both.

Operating Motorcycle, Moped, Snowmobile, or Other Motor Vehicle on

Sidewalk, Walkway, or Bicycle Path - A person shall not operate or ride a

motorcycle, moped, snowmobile, or other motor vehicle, excepting a motorized

wheelchair, upon a bicycle path, sidewalk, or pedestrian walkway, not including a

crosswalk or driveway.

Penalty - A person violating this Section may be sentenced to payment of a fine

not to exceed $200 for the first offense, and not to exceed $500 for each

subsequent offense.

831.

ANIMAL OR DRIVING ANIMAL-DRAWN VEHICLE ON ROADWAY. A person

riding an animal or driving an animal-drawn vehicle upon a roadway within the Bay

Mills Indian Community shall be granted all the rights and shall be subject to all the

duties, criminal penalties, and civil sanctions applicable to the driver of a vehicle by this

Code, except those provisions of this Code which by their very nature may not have

application.

832.

PROHIBITED OPERATION OF MOTOR VEHICLE, MOTORCYCLE, MOPED OR

OTHER MOTORIZED VEHICLE IN PLAYGROUND/LAWN AREAS.

833.

Offense Re: Bay Mills Indian Community - No person shall operate a motor

vehicle, moped or other motorized vehicle of any type in or on any playground,

lawn areas or other posted areas within the Bay Mills Indian Community, unless

otherwise authorized.

Offense Re: Bay Mills Housing Authority - No person shall operate a motor

vehicle, moped or other motorized vehicle within any playground or lawn areas

controlled by the Bay Mills Housing Authority.

Penalty - A person violating this Section may be sentenced to community service

of not more than thirty (30) days, imprisonment of not more than sixty (60) days,

payment of a fine not to exceed $400, or all of these. In addition, the Court may

order the defendant to pay restitution for any and all property damage that may

have occurred as a result of this offense.

VIOLATION OF COURT ORDER RESULTING FROM PRIOR CODE VIOLATION.

In the event that this Court issues an Order as a result of the violation of this Code and a

person violates said Court Order, said person may then be sentenced to imprisonment up

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Approved by Executive Council Resolution # 25-09-15G

to one (1) year, payment of a fine not to exceed $5,000, or both as a result of violating

said Court Order.

834.

“ABANDONED VEHICLE” DEFINITION AND PROCEDURE FOR DISPOSITION.

Abandoned Vehicle Defined - “Abandoned Vehicle” means a vehicle that has

remained on public property, including a roadway maintained by the Tribe or by

the Chippewa County Road Commission, or property under lease by the Tribe to

an individual or entity, for a period of 48 hours, after the Law Enforcement

Department has affixed a written notice to the vehicle.

Apparent Abandonment; Procedure - If a vehicle has remained on public property

for at least 18 hours, or leased property for a period of time so that it appears to

the Law Enforcement Department to be abandoned, the Department shall do all of

the following:

Determine if the vehicle has been reported stolen.

Affix a written notice to the vehicle, which shall contain the following

information:

The date and time the notice was affixed.

The name and address of the Department.

The name and badge number of the officer affixing the notice.

The date and time the vehicle may be taken into custody and stored

at the owner’s expense or scrapped if the vehicle is not removed.

The year, make, and vehicle identification number of the vehicle, if

available.

Failure to Remove; Custody - If the vehicle is not removed within 48 hours after

the date the notice was affixed, the property is considered abandoned and the

Department may have the property taken into custody.

Department Custody; Consequences - Upon taking custody of a vehicle, the

Department shall do all of the following:

Recheck to determine if the vehicle has been reported stolen.

Within 24 hours after taking the vehicle into custody, enter the vehicle as

abandoned into the law enforcement information network (LIEN).

Within seven (7) days after taking the vehicle into custody, send to the

registered owner and secured party, as shown in the records of the

Michigan Secretary of State, by first class mail or personal service, notice

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that the vehicle is considered abandoned. The form for the notice shall be

that provided by the Secretary of State, and shall contain the following

information:

The year, make and vehicle identification number of the vehicle if

available.

The location from which the vehicle was taken into custody.

The date on which the vehicle was taken into custody

The name and address of the Law Enforcement Department.

The business address of the custodian of the vehicle.

The procedure to redeem the vehicle.

The procedure to contest the fact that the vehicle is considered

abandoned or the reasonableness of the towing fees and daily

storage fees.

A form petition that the owner may file in person or by mail with

the Tribal Court that requests a hearing on the Department’s

action.

A warning that the failure to redeem the vehicle or to request a

hearing within 20 days after the date of the notice may result in the

sale of the vehicle and the termination of all rights of the owner

and the secured party to the vehicle, or to the proceeds of the sale.

Request for Hearing - The registered owner may contest the fact that the vehicle is

considered abandoned or the reasonableness of the towing fees and daily storage

fees by requesting a hearing. A request for hearing shall be made by filing a

petition with the Tribal Court within 20 days after the date of the notice. If the

owner requests a hearing, it shall be conducted as provided in this Section. An

owner who requests a hearing may obtain release of the vehicle by posting a

towing and storage bond with the Tribal Court in an amount equal to the accrued

towing and storage fees. If the Court finds that the vehicle was not properly

considered abandoned, the Department shall reimburse the owner of the vehicle

for the accrued towing and storage fees.

Payment of Charges without Hearing Request - If the owner does not request a

hearing, s/he may obtain the release of the vehicle by paying the accrued charges

to the custodian of the vehicle.

Payment by Secured Party for Release - If the owner does not redeem the property

or request a hearing within the requisite 20 days after the date of the notice, the

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secured party may obtain the release of the property by paying the accrued

charges to the custodian of the property and the Department for its accrued costs.

Public Sale Authorized - No less than 20 days after the disposition of the hearing

described in Subsection (K) of this Section, or, if a hearing is not requested, not

less than 20 days after the date of the notice, the Tribal Court shall offer the

vehicle for sale pursuant to Subsection (L).

Ownership Not Ascertainable - If the ownership of the vehicle that is considered

abandoned cannot be determined either because of the condition of the vehicle

identification numbers or because a check of the records of the Michigan

Secretary of State does not reveal ownership, the Tribal Court shall sell the

vehicle at public sale pursuant to Subsection (L), not less than 30 days after public

notice of the sale has been published.

Scrap Vehicle Procedures - If an abandoned vehicle is also seven (7) or more

years old, and apparently inoperable or is extensively damaged, to the extent that

the cost of repairing the vehicle so that it is operational and safe would exceed the

fair market value of that vehicle, the Department may take the vehicle into

custody and, in addition to the requirements of Subsection (D), make a report

detailing the damage or missing equipment which includes two (2) photographs of

the vehicle, and complete a release form and release the vehicle to the towing

service or used vehicle parts dealer or vehicle scrap metal processor, who shall

then transmit the release form to the Michigan Secretary of State and apply for a

certificate of the title or a certificate of scrapping. In the event that a hearing is

requested by the registered owner as provided in Subsection (E), the Department

shall maintain custody of the vehicle and shall not issue a release form unless or

until so authorized by an order of the Tribal Court.

Hearing in Tribal Court - Upon receipt of a petition signed by the owner of the

vehicle taken into custody by the Department as prescribed in Subsection (E), the

Tribal Court shall schedule a hearing within 20 days for the purpose of

determining whether the Department acted properly, at which hearing the

Department shall have the burden of demonstrating, by a preponderance of the

evidence, that it complied with the requirements of this Section. At the

conclusion of the hearing, the Tribal Court shall issue a decision which shall

include one or more of the following:

A finding that the Department complied with the procedures for

processing an abandoned vehicle and order providing a period of 20 days

after the decision for the owner to redeem the property. If the owner does

not redeem the property, the Tribal Court shall dispose of the property as

provided in Subsection (L).

A finding that the Department did not comply with the procedures for

processing an abandoned vehicle, and an order directing that the property

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be immediately released to the owner, and that the Department is

responsible for the accrued towing and storage fees.

A finding that the towing and daily storage fees were reasonable.

A finding that the towing and daily storage fees were unreasonable and an

order directing an appropriate reduction.

Public Sale of Abandoned Vehicles - A public sale for a vehicle deemed

abandoned shall be conducted in the following manner:

It shall be conducted by the Tribal Court Clerk’s office.

It shall be open to the public and consist of bidding by sealed bids. Any

bid received shall cause to be issued by the Clerk a receipt to the person

submitting the bid.

Public notice of the sale shall be published in the newspaper of the Bay

Mills Indian Community and at least once in a newspaper having general

circulation within the county in which the vehicle was abandoned, which

shall describe the vehicle for sale and the time, date and location of the

sale.

The sale shall not occur less than five (5) days after the public notice is

published in the newspaper of the Bay Mills Indian Community.

The money received from the public sale shall be applied in the following

order of priority:

Towing and storage charges.

Expenses incurred by the Law Enforcement Department.

To the secured party, if any, in the amount of the debt outstanding

on the vehicle.

Remainder, if any, to the owner, which shall be remitted by

registered first class mail, return receipt requested. In the event

that such mail is not deliverable, the sum shall become the property

of the Bay Mills Indian Community

If the Tribal Court Clerk receives no bids on the vehicle, the Clerk may

either turn the vehicle over to the towing firm to satisfy charges against

the vehicle, hold another public sale, or declare the property to be forfeited

to the Bay Mills Indian Community and subject to the Tribe’s disposition.

Upon disposition of the vehicle, the Department shall cancel the entry into

the law enforcement information network (LIEN).

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835.

RECKLESS DRIVING. Any person who drives any vehicle upon the highway or frozen

public lake, stream, or pond or other place open to the general public, including any area

designated for the parking of motor vehicles, within the Bay Mills Indian Community in

willful or wanton disregard for the safety of persons or property is guilty of reckless

driving and may be sentenced to imprisonment of not more than forty-five (45) days,

payment of a fine not to exceed $200, or both.

836.

CARELESS OR NEGLIGENT DRIVING. A person who operates a vehicle upon a

highway or frozen public lake, stream, or pond or other place open to the general public,

including any area designated for the parking of motor vehicles, within the Bay Mills

Indian Community in a careless or negligent manner likely to endanger any person or

property, but without wantonness or recklessness, may be sentenced to a fine not to

exceed $150.

837.

DISTRACTED DRIVING THROUGH USE OF MOBILE ELECTRONIC DEVICE. A

person shall not hold or use a mobile electronic device while operating a motor vehicle.

For purposes of this section, “use a mobile electronic device” means one or more of the

following:

Prohibited Uses – Using a mobile electronic device to do any task, including:

Send or receive a telephone call.

Send, receive, or read a text message.

View, record, or transmit a video.

Access, read, or post to a social networking site.

Reaching for a mobile electronic device that requires a driver to maneuver

so that the driver is no longer in a seated driving position, restrained by a

seat belt that is installed as required by 49 CFR 393.93 and adjusted in

accordance with the vehicle manufacturer’s instructions.

Permitted Uses – Use of a mobile electronic device is not prohibited in any of the

following situations:

Use is for emergency purposes, including calling or texting a 9-1-1 system

or making an emergency call to law enforcement agency, fire department,

health care provider or other emergency services agency to report an

accident, fire, road hazard, medical or hazardous materials emergency, a

crime being committed or a vehicle being driven in an unsafe manner.

Use is made of a global positioning or navigation feature of a mobile

electronic device, if information is not entered by and into the feature.

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Use of the mobile electronic device in a voice-operated or hands-free

mode, provided that the operator’s use of hands is limited to a press, tap or

swipe of a single button to activate or deactivate a feature or function of

the device or to select a telephone number or name.

Use of a mobile electronic device which is integrated into a motor vehicle

and utilizes the user interfaces that are permanently installed into the

motor vehicle.

Use of a mobile electronic device for the sole purpose of continuously

recording or broadcasting video inside or outside the motor vehicle.

Use of a mobile electronic device that is placed in a mount and used in any

manner described in subsections (1) through (5), above.

Penalties – A person who violates subsection A. has committed a civil infraction,

for the following penalties are provided:

For the first violation, a fine of $100.00, or performance of 8 hours of

community service, or both.

For a second or subsequent violation, a fine of $200.00, or performance of

16 hours of community service, or both.

If a person is involved in an accident for which the person is at fault when

the person violates this section, any civil fine is double the amount that

would otherwise be applicable under the subsections above.

If a person is responsible for three (3) or more violations of subsection A.

within a 3-year period, the Tribal Court may order the person to complete

a basic driver improvement course within a reasonable time as determined

by the Court.

Definitions – For purposes of this Section, the following definitions apply:

“Hold” means to physically support with any part of the hands, arms, or

shoulders.

“Mobile electronic device” means an electronic device that is not

permanently installed in a motor vehicle, including but limited to, a device

capable of text messaging, voice communication, entertainment,

navigation, accessing the internet, or producing email. It does not include

either of the following:

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Approved by Executive Council Resolution # 25-09-15G

A Citizens Band Radio or commercial 2-way radio

communications

device or equipment permanently installed in a

motor vehicle; or

A medical device that is designed to be worn, including but not

limited to, an insulin pump.

“Operate” means to drive or assume physical control of a motor vehicle on

a public highway, street, road, or way, including operation while

temporarily stationary because of traffic, road conditions, a traffic light or

stop/ngaashkaan sign. Operate does not include a motor vehicle which is

lawfully parked.

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Approved by Executive Council Resolution # 25-09-15G

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.