CHITIMACHA TRIBE OF LOUISIANA

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CHITIMACHA TRIBE OF LOUISIANA

TITLE VII – TRAFFIC CODE

CHAPTER 1. DEFINITIONS AND SPECIAL PROVISIONS

This Chapter contains standard definitions applicable to the Chitimacha Traffic Code and

special provisions of law not covered in their own separate Chapters.

Sec. 101.

Definitions.

As used in this Title:

(a)

"Halting Officer" means a law enforcement officer charged with and acting under

his or her authority to halt, and if appropriate, arrest persons suspected or known to be violating

statues or ordinances regulating the operation or equipment of vehicles, or the regulation of traffic.

(b)

"Licensing Authority" means the Tribal or State agency authorized to issue

operator's license, vehicle registration or operator and vehicle permits.

(c)

"Authorized Emergency Vehicles" means:

(1) Vehicles of a fire department.

(2) Vehicle of a police department.

(3) Vehicle utilized and marked as vehicles used for the transportation of the

injured or sick.

(4) Vehicles owned by any state or federal agency used for enforcement purposes

or for the transportation of the sick or injured.

(5) Vehicles authorized by state, federal and tribal organizations for emergency

purposes.

(6) Vehicles used by volunteer fire persons while performing their assigned

disaster and emergency responsibilities.

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(7) Other vehicles declared to be and identified as emergency vehicles by the

Chief of Police in time of disaster or other emergencies.

(d)

"Bicycle" means every device propelled solely by human power upon which any

person may ride having two tandem wheels.

(e)

"Business area" means the area contiguous to a roadway.

(f)

"Driver" means every person who drives or is in actual physical control of a

vehicle.

(g)

"Guest" means and includes a person who accepts a ride in any vehicle without

giving compensation therefore.

(h)

"Roadway" means the entire width of any traversed road designed for vehicular

travel within this jurisdiction.

(i)

"Elsewhere in this jurisdiction" means at any location within the exterior

boundaries of the Chitimacha Indian Reservation.

(j)

"Intersection" means where two roadways intersect.

(k)

"Intoxicating Liquor" means and includes any beverage containing alcohol.

(l)

"Legal owner or owners" means a person who holds the legal title to a vehicle.

(m)

"Motor vehicle" includes every vehicle which is self-propelled, every vehicle

which is propelled by electric power.

(n)

"Motorcycles" means every motor vehicle having a seat or saddle for the use of

the rider and designed to travel on not more than three wheels.

(o)

"Non-member" means any person who is not a member of the Chitimacha Tribe.

(p)

"Official traffic-control devices" means all signs, signals, markings, devices

authorized to be erected by the Chitimacha Tribal Council.

(q)

"Operator" means every person who drives or is in actual physical control of a

motor vehicle upon a roadway or elsewhere in this jurisdiction or who is exercising control over

or steering a vehicle in motion.

(r)

"Park" means the standing of a vehicle whether occupied or not.

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(s)

"Pedestrian" means any person afoot.

(t)

"Person" means any natural person who comes under the jurisdiction of the

Chitimacha Tribe.

(u)

"Police Officer" means every officer authorized to direct or regulate traffic or to

make arrests for violation of traffic regulations and ordinances.

(v)

"Private road or driveway" means every way or place in private ownership, and

used for vehicular travel by the owner and those having express or implied permission from

the owner.

(w)

"Proof of financial responsibility" means proof of ability to respond to damages

for liability on account of accidents occurring subsequent to the effective date of said proof, arising

out of the ownership, maintenance, or use of a motor vehicle, in the amount of $25,000.00 because

of bodily injury to or death or one person in any one accident and subject to said limit for one

person, in the amount of $50,000.00 because of bodily injury to or death of two or more persons

in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property

of others in any one accident.

(y)

"Right of way" means the privilege of the immediate use of the road.

(z)

"School Zone" means the area or space officially set aside within a roadway for

the use of school children and which is so plainly marked or indicated by proper signs as

to be plainly visible at all times.

(aa)

"School Bus" means any motor vehicle owned by a public or governmental agency

and operated for the transportation of children to or from school or to or from school related

activities, or privately owned and operated for compensation for the transportation of

children to or from school or to or from school related activities.

(bb)

"Sidewalk" or "Walkway" means that portion of land adjacent to the roadway

intended for use of pedestrians.

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(cc)

"Stand" or "Standing" means the halting of a vehicle, whether occupied or not

otherwise than temporarily for the purpose of, and while actually engaged in receiving or

discharging passengers.

(dd)

"State" means a state of the United States.

(ee)

"Reservation" means any Indian Reservation located in the United States and

recognized as such by the United States.

(ff)

"Indian Community" means any recognized Indian community in the United

States and recognized as such by the United States.

(gg)

"Stop" when required means completed cessation of movement.

(hh)

"Traffic" means pedestrians, ridden or herded animals, vehicles, and other

conveyances either singly or together while using any roadway or tribal land for the

purpose of travel.

(ii)

"Vehicle" includes every device in, upon, or by which any person or property may

be transported or drawn upon a roadway or upon tribal property.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 102.

Traffic Regulatory Powers.

The Chitimacha Tribal Council may by proclamation designate: through roadways, streets,

and alleys, prohibit motor vehicle traffic, designate speed zones, erect speed limit signs, stop signs,

yield signs, and other traffic control devices within the areas of jurisdiction of the Tribe.

Sec. 103.

General Penalty for Violation of this Title.

Violation of a provision of this title for which a criminal penalty is not specifically

provided shall be deemed a Civil Infraction. As used in this title a Civil Infraction includes

payment of a fixed fee and fine.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

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Adopted: December 5, 1989; Effective: August 14, 1990

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Sec. 104.

Traffic Code Applicability to Accidents, Reckless Driving, Substance

Abuse, Eluding Police Officers.

The provisions of this Chapter of the Chitimacha Reservation relating to reporting of

accidents or crashes in which a motor vehicle is involved, reckless driving, driving while under

the influence or intoxicating liquor or controlled substances, fleeing or attempting to elude a police

officer, shall apply upon any roadway within the Chitimacha Reservation and elsewhere

throughout the Reservation.

Sec. 105.

Notice of Violations by Juveniles.

The Clerk of Court shall notify the parent or guardian of any juvenile appearing before the

court on a traffic offense of the charge as contained in the citation; the penalty attached to the

offense, and the time and place of any court hearing on the matter.

Sec. 106.

Offenses Requiring Penalty of Incarceration and/or Fine.

Violation of the following provisions of this Title shall be deemed Criminal Traffic

offenses for which the procedures of Chapters 4, 5 and 6 of Title II of this Code shall be utilized:

(a)

Leaving the scene of an accident involving damage to vehicles, death and/or

personal injuries in violation of Sections 501 and 503.

(b)

Failure to provide immediate notice by the operator of a vehicle involved in an

accident in violation of Section 502.

(c)

Failure to notify and/or leave information for owner upon striking an unattended

vehicle, road fixtures or other property in violation of Sections 506 and 507.

(d)

Failure to report by Garages, Private Persons, Wrecker and Towing Services in

violation of Section 513.

(e)

Driving without liability insurance in violation of Section 514.

(f)

Reckless Driving and/or Aggravated Reckless Driving in violation of Sections 604

and 605.

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(g)

Fleeing or attempting to elude a Police Officer in violation of Section 642.

(h)

Driving under the influence of intoxicating liquors or drugs in violation of Section

643, and;

(i)

Alteration of Odometers or other mileage recorders, hour meters on Tachometers

or other hour recorders in violation of Section 1209.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 2. PAYMENT OF STATUTORY FEE AND FINE IN LIEU OF HEARING;

HEARINGS

Sec. 201.

(a)

Right to Appear; Payment of Statutory Fee and Fine in Non-Criminal

Cases.

Any person cited for a traffic violation other than an offense listed under Section

106, may appear before the designated official and pay, execute a financial agreement for payment

or, mail payment of the statutory fee and fine for the violation prior to the hearing date in lieu of

appearing at the hearing. Payments sent by mail must be received by the designated official prior

to the hearing.

(b)

If the person cited follows the foregoing procedures, he or she shall be deemed to

have admitted the violation and to have waived his or her right to a hearing on the issue of

commission of the violation.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by Ordinance #7-98;

Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 202.

(a)

Hearing; Procedures; Appeals; Stay Orders.

If a person cited for a civil infraction does not choose to follow the procedures set

forth in Section 201 of this Title, he or she may appear at the time scheduled in the citation for a

hearing on the issue of commission of the violation. At that time he/she may make a statement in

explanation of his or her action.

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(b)

If a person cited appears at the time scheduled for the hearing, and the tribe does

not appear to prove the commission of the violation the Court may enter a dismissal of the

violation.

(c)

If a person is aggrieved by a finding, he or she may file a petition for review and

request a stay of the judgment pending same in accordance with the provisions of Title I of this

Code.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by Ordinance #7-98;

Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 203.

Failure to Appear and/or Pay Statutory Fee; Penalty.

If a person fails to choose one of the methods of proceeding set forth in Section 201 or 202,

he or she must be deemed to have admitted to commission of the violation. Failure to appear at the

time designated, after signing a promise to appear, without paying the statutory fee and fine is an

offense. Failure to appear without just cause at the hearing must also be deemed an admission of

commission of the violation for which they were cited.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

CHAPTER 3. LICENSE REQUIREMENTS; EXCEPTIONS; REVOCATIONS

Sec. 301.

(a)

Driving License Required.

No person except those expressly exempted, shall operate any motor vehicle upon

a roadway within the Chitimacha Tribal jurisdiction unless such person possesses a valid operator's

license to operate said motor vehicle under the laws of the State of Louisiana.

(b) Any person licensed as an operator under this Section may exercise the privileges thereby

granted upon all roadways and elsewhere in this jurisdiction and shall not be required to

obtain any other license to exercise such privilege unless such license is required under the

laws of the State of Louisiana.

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Sec. 302.

Person Exempt From Holding Louisiana License.

The following persons are exempt from having to be licensed under the laws of the State

of Louisiana while operating a motor vehicle in this jurisdiction.

(a)

Any employee of the United States Government or any state government while

operating a motor vehicle owned by or leased to that government on official

business.

(b)

(1) A non-member Indian who is at least sixteen years of age and who has in his or her

immediate possession a valid operator's license issued to him or her from his or her own

state or Indian Reservation may operate a motor vehicle within this jurisdiction.

(2) A non-resident Indian licensed operator from another state or reservation under this

Section may operate a motor vehicle in this jurisdiction for a period of 90 days.

After 90 days it will be deemed that the person intends to become a resident of the State of

Louisiana and will after the 90 days be required to have a valid operator's license issued to

him or her from the State of Louisiana.

(b)

Any person who is a member of the Armed Forces of the United States may operate a motor

vehicle in this jurisdiction provided he or she has a valid operator's license issued to him

or her from another state or reservation.

Sec. 303.

Persons Not Permitted to Operate a Motor Vehicle.

Unless otherwise authorized by tribal law, the following persons are not permitted to

operate a motor vehicle within the jurisdiction of the Chitimacha Indian Reservation.

(a)

Any person under the legal age prohibited from obtaining a motor vehicle operator's

license under the laws of the State of Louisiana.

(b)

Any person whose license has been suspended or revoked by the State of Louisiana,

or any other state, by the Chitimacha Tribal Court or by any other Tribal Court.

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(c)

Any person who is a habitual drunkard, or is a habitual user of narcotic drugs or is

a habitual user of any other drug to a degree which renders him or her incapable of safely operating

a motor vehicle.

(d)

Any person who has been adjudged to be afflicted with or suffering from any

mental disability or disease which renders him or her incapable of safely operating a motor vehicle.

(e)

Any person who does not have liability insurance covering the motor vehicle or the

authorized operator in a minimal amount of liability required by the State of Louisiana.

(f)

Any person when the Judge of the Chitimacha Tribal Court has good cause to

believe that such person by reason of physical or mental disability would not be able to operate a

motor vehicle safely upon the roadways within this jurisdiction.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 304.

Liability for Negligence of a Minor.

Any negligence of a minor when operating a motor vehicle within the jurisdiction of the

Chitimacha Tribe shall be imputed to the person or persons who are legally responsible for the

minor child, such person or persons shall be jointly and severally liable with such minor for any

damage caused by such negligence.

Sec. 305.

Cancellation of Minor's Right to Operate a Motor Vehicle.

Any person or persons legally responsible for a minor can upon application filed with the

Tribal Court request the court to withdraw any driving privileges of said minor. The withdrawing

of said privilege shall cancel the applicant's liability for the negligence of said minor child provided

said minor child was not authorized or allowed by the applicant to operate a motor vehicle through

any negligence of the applicant.

Sec. 306.

License or Permit to be Carried and Shown on Demand.

Every person having a valid motor vehicle operator's license or temporary operator's permit

shall have the operator's license or permit in his or her immediate possession at all times when

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operating a motor vehicle and shall display same upon demand of any court, judge or police officer.

However, no person charged with violating this Section shall be convicted or assessed any court

costs if he or she produces to the court, to the Chief of Police or to the arresting officer an operator's

license or permit issued to him or her prior to the offense provided said license or permit is valid

and not under suspension, revocation or canceled by any state or tribal court.

Sec. 307.

Restricted Licenses - Penalty Violation.

Any person who operates any motor vehicle in violation of a valid operator's license

restriction shall be convicted of an offense under this Section and shall be fined an amount not to

exceed $ 250.00.

Sec. 308.

Suspending Privileges

Reservation.

of

Non-Residents

of

the

Chitimacha

The privileges of driving a motor vehicle on the roadways and elsewhere within the

Chitimacha Reservation given to those persons who are under the jurisdiction of the Chitimacha

Tribe is subject to suspension or revocation by the Chitimacha Tribal Court.

Sec. 309.

Suspension or Revocation of Operation of Motor Vehicle Privileges on

the Chitimacha Indian Reservation.

The Chitimacha Tribal Judge may suspend or revoke for up to a period of one year the

privilege of operating a motor vehicle within this jurisdiction for anyone convicted of the following

offenses:

(a)

Reckless driving.

(b)

Driving while under the influence of intoxicating liquor or drugs.

(c)

Violation of an offense under this Chapter which results in bodily injury;

(d)

Attempting to or eluding a police officer;

(e)

Any felony crime in the commission of which a motor vehicle was used;

(f)

Any offense under the criminal code of Title III of this Code which resulted in

bodily injury or death.

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The revocation of driving privileges under this Section may be beyond any time of

imprisonment or court-ordered in-patient addition or psychological treatment.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 310.

Operating a Motor Vehicle While Driving Privileges are Suspended or

Revoked.

Within this jurisdiction, no person shall operate a motor vehicle while his or her driving

privilege has been suspended or revoked by this court or any outside jurisdiction.

PENALTY: Any person violating any portion under this Section shall be fined an

amount not to exceed $500.00 plus court costs.

Sec. 311.

Unlawful Use of License.

It is unlawful to:

(a)

Display, cause, or permit to be displayed or have in possession any canceled,

revoked, suspended, fictitious or fraudulently altered operator's license or permit.

(b)

To lend one's operator's license or permit to any other person or to permit the use

thereof by another.

(c)

To display or represent as one's own any operator's license or permit not issued to

that person.

(d)

To permit any unlawful use of an operator's license or permit issued to that person.

(e)

To use a false or fictitious name in any application for an operator's temporary

permit or to knowingly make a false statement or to conceal a material fact or otherwise commit a

fraud in the application.

PENALTY: Any person violating a provision under this Section shall be fined an

amount not to exceed $250.00.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

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Sec. 312.

Reproducing Operator's License or Permit.

It is unlawful for any person to print, photograph, photostat, duplicate, alter or in any way

reproduce any operator's license or permit in such a manner that it would be mistaken for a valid

operator's license or permit.

PENALTY: Any person violating a provision of this Section shall be fined an

amount not to exceed $350.00.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 313.

Permitting an Unauthorized Minor to Drive.

No person may cause or knowingly permit any child under the age of eighteen (18) years

to operate a motor vehicle within the jurisdiction of this court who does not have a valid operator's

license or permit.

PENALTY: Any person violating a provision of this Section shall be fined an amount

not to exceed $250.00.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 314.

Permitting an Unauthorized Person to Drive.

No person may authorize or knowingly permit a motor vehicle owned by him or her or a

motor vehicle under his or her control to be driven or operated in this jurisdiction by anyone who

does not have a valid operator's license or permit as authorized under this Chapter.

Sec. 315.

Display of Current Registration, License Plates and Tabs.

No person may operate or drive a vehicle upon any roadway within this jurisdiction unless

the vehicle has on it displayed current registered license plates and tabs. All vehicles (when

required) must have the license plate attached to the rear thereof. The plate or plates must at all

times be kept free and clear of mud or other substances so as to be clearly visible. Plates other than

for the current year must be removed from the vehicle. An annual registration tab or sticker for the

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current registration year must be displayed on each number plate in those years from which tabs

or stickers are issued in lieu of number or letter plates.

Sec. 316.

Violation of Registration Provision.

It is unlawful for any person to commit any of the following acts:

(a)

To operate, or for the owner thereof knowingly to permit anyone to operate, any

motor vehicle on which the registration has been canceled, revoked, or which is not registered, or

which does not have attached thereto and displayed thereon a number and/or lettered plate, plates,

or validation tabs assigned thereto by the State or Reservation registrar for the current registration

period.

(b)

To display or cause to permit to be displayed; or to have in possession, any

registered card, registration numbered or lettered plate, or validation tabs, knowing the same to be

fictitious, canceled, revoked, suspended, or altered.

(c)

To lend any numbered and/or lettered plates, registration card, or validation tabs to

any person knowing the same to be fictitious, canceled, revoked, suspended, or altered.

(d)

To have displayed any numbered and/or lettered plates, or validation tabs upon any

vehicle which are not registered to that particular vehicle.

(e)

To fail or refuse to surrender to an officer of the Chitimacha Police Department any

registration card, registration numbered and/or lettered plate, or validation tab which has been

suspended, canceled or revoked.

PENALTY: Any person violating a provision of this Section shall be fined an amount

not to exceed $ 150.00.Any vehicle found to be without current registration, or current

validation tabs may be impounded by the police department. The owner may redeem

the vehicle after impoundment upon presenting satisfactory proof of ownership or

right to possession, payment of the civil penalties and expenses of removing and

storing the vehicle.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

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CHAPTER 4. TRAFFIC REGULATORY POWERS OF OFFICERS

Sec. 401.

Halting Person for Violating Traffic Ordinances; Duty of Officer

Halting.

Whenever any person is halted for violation of a provision of this title, which has been

deemed to be a civil infraction as pursuant to Section 103, the officer may:

(a)

Take the name and address of the person;

(b)

Take the license number of the person's motor vehicle; and

(c)

Issue a citation or otherwise notify that person in writing to appear at a time and

place to be specified in the citation or notice.

A halting officer shall notify the person halted of the option to appear before the

designated official and pay, execute a financial agreement for payment or, mail payment of the

statutory fee and fine for the violation prior to the hearing date in lieu of appearing at the hearing.

The halting officer shall also advise the person of his or her right to contest the alleged violation

in Tribal Court and to have counsel at his or her own expense.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 402.

Hearing; Time; Promise of Defendant to Appear.

The time to be specified in the summons or notice must be within 30 days after the issuance

of the summons or notice. Any person refusing to give written promise to appear must be taken

immediately before the nearest or most accessible Tribal Judge, or to such other place of such other

person as may be provided by a tribal ordinance authorizing the giving of bail.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 403.

Failure to Appear on Written Promise.

Any person who fails to appear on the time and date as promised in writing is liable to

being charged with an offense of failure to appear.

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Sec. 404.

Court to Issue a Warrant of Arrest.

The Judge upon motion of the Court or upon written affidavit submitted by the arresting

officer, the Clerk of Court or other officer of the Court, may issue a warrant for the arrest of any

person, to whom its jurisdiction extends, for failure to appear as promised.

(Revised by Ordinance# 7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

(Section 405 omitted by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

CHAPTER 5. ACCIDENTS

Sec. 501.

Accidents Involving Damage to Vehicle.

The driver of any motor vehicle involved in an accident resulting only in damage to a

vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene

of such accident or as close thereto as possible but shall immediately return to and remain at the

scene of such accident until he or she has fulfilled the requirement of Section 505.

PENALTY: Any person convicted for failing to comply with this Section shall be

fined a sum not to exceed $500.00.

Sec. 502.

Immediate Notice of Accident.

The operator of a vehicle involved in an accident resulting in injury to or death of any

person or property damage to an apparent extent of at least one hundred dollars ($100.00) shall

immediately give notice of the accident to the local police department if the accident occurs within

this jurisdiction.

The name of the motor vehicle insurance carrier and policy number and the name of the

owner of the motor vehicle and his or her policy number and the name of the operator and owner

of the motor vehicle must be furnished to a law enforcement officer in this jurisdiction. Failure to

comply with this Section is a violation of this Section.

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PENALTY: Any person who is found guilty shall be fined an amount not to exceed

$1000.00 or to be imprisoned not more than 100 days or to both fine and

imprisonment.

Sec. 503.

Accident Involving Death or Personal Injuries.

The operator of any motor vehicle involved in an accident resulting in injury to or death of

any person shall immediately stop such vehicle at the scene of such accident or as close thereto as

possible but shall then immediately return to, and in every event, shall remain at the scene of the

accident until he or she has fulfilled the requirements of Section 502.

PENALTY: Any person failing to stop or to comply with the requirements of this

Section is guilty of violation of this Section and shall be fined a sum not to exceed

$2500.00 or to imprisonment not to exceed 250 days or to both fine and imprisonment.

The Judge of the Tribal Court shall revoke the driving privileges of any person

violating this Section for a period of one year.

Sec. 504.

Duty to Give Information and Render Aid.

The operator of any vehicle involved in an accident resulting in injury to or the death of

any person or damage to any vehicle which is driven or attended by any person shall give the

operator's name and address, and the name of the motor vehicle insurance policy carrier of the

driver and owner as well as the registration number of the vehicle, operator's license information

upon request by the other person or persons involved in the accident. The operator of any vehicle

involved in an accident shall render to any person injured in the accident reasonable assistance,

including the carrying, or making of arrangements for the carrying of the person to a physician,

surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or

if the carrying is requested by the injured person.

Sec. 505.

Emergency Care or Services Rendered; Liability.

Any person who is an unpaid volunteer, who in good faith renders emergency care or

services at or near the scene of an accident, disaster, or other emergency, or in route to a treatment

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facility, is not liable to the recipient of the emergency care or services for any damages resulting

from the rendering of the care or services.

This Section does not relieve a person from liability for damages resulting from the

intoxication, willful misconduct or gross negligence of the person rendering the emergency care

or services. Further, liability is not relieved if the emergency care was rendered for remuneration

or with the expectation of remuneration.

Sec. 506.

Duty Upon Striking Unattended Vehicle.

The driver of any vehicle which collides with any vehicle which is unattended shall

immediately stop and either locate and notify the operator or owner of the vehicle of the name and

address, as well as the name of the motor vehicle insurance policy carrier of the driver and owner

of the vehicle striking the unattended vehicle, or shall leave in a conspicuous place in or on the

vehicle struck, a written notice giving the name and address as well as the name of the motor

vehicle insurance policy carrier of the driver and of the owner of the vehicle doing the striking and

a statement of the circumstances of the collision.

Any person convicted of violating this Section is guilty of an offense and shall be fine

an amount not to exceed $500.00.

Exception: Lack of mental or physical ability to perform act. A person shall not be found

guilty of failing to conform to the requirement of this Section where he or she is

unconscious, or lacks mental or physical ability to perform the requirements of this Section.

Sec. 507.

Duty Upon Striking Road Fixtures or Other Property.

The driver of any vehicle involved in an accident resulting only in damage to roadway

fixtures or other property other than another vehicle shall take reasonable steps to locate and notify

the owner or person in charge of such property of such fact and of his or her name, address and of

the registration number of his or her vehicle driven and shall upon request and if available exhibit

his or her operator's license or permit and shall make report of such accident to any police officer

in the jurisdiction as required in Section 502.

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Failure to comply with this Section constitutes a violation and each person, upon

conviction, shall be fined a sum not to exceed $500.00.

Sec. 508.

Officer to Report.

Every law enforcement officer of this jurisdiction, who in the regular course of duty

investigates a motor vehicle or vehicle accident required to be reported in Section 502, either at

the time and at the scene of the accident by interviewing the participants, or witnesses shall make

and forward to the Clerk of Court a written report of such accident.

Sec. 509.

Investigation Agency Responsible to Notify Next of Kin.

In the event of serious injury or death of any person, under circumstances leading to

notification of a law enforcement officer of this jurisdiction, the Chief of Police is upon positive

identification of the person or persons involved, responsible for immediately notifying the next of

kin of the person or persons seriously injured or deceased, or make arrangements to have next of

kin notified by clergy or other suitable person.

Sec. 510.

(a)

When Operator of a Motor Vehicle is Unable to Report.

An accident notice is not required from any person who is physically incapable of

making the report during the period of such incapacity.

(b)

Whenever the operator of a vehicle is physically incapable of giving an immediate

notice of an accident and there was another occupant in the vehicle at the time of the accident

capable of giving notice, such occupant shall make or cause to be made such notice.

(c)

Whenever the operator of the motor vehicle is physically incapable of giving notice

of an accident and such operator is not the owner of the vehicle, the owner of the vehicle shall

within 24 hours after learning of the accident give such notice and insurance information not given

by the driver.

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Sec. 511.

(a)

Accident Report Forms.

The report form shall include but not be limited to names of operators, addresses of

same, location of accident, cause of accident, weather and road conditions and other pertinent

information.

(b)

Every accident report required to be in writing must be made on this form and must

contain all the information required therein unless not available.

(c)

Law enforcement officers within this jurisdiction who investigate a vehicle accident

may file a copy of the report to the Clerk of Court.

(d)

The information in the accident report is not confidential and shall not be

privileged.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 512.

Fee for Copies of Accident Report.

There shall be a fee enforced by the Chitimacha Tribal Police Department for obtaining a

copy of an accident report. A copy of an accident report may be obtained by written request to the

Chitimacha Tribal Police Department.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 513.

Garages, Private Persons, Wrecker and Towing Services to Report.

Whenever the person in charge or the operator of any wrecker or towing service, garage or

private business or body and fender repair causes any motor vehicle to be transported to a place

for the purpose of hiding or repairing a motor vehicle which shows evidence of having been

involved in a reportable accident as provided in Section 507 shall report or cause a report to be

made to a police officer within the jurisdiction within twenty-four (24) hours after such motor

vehicle is transported, except that a person that is subject to this Section must immediately notify

a police officer within the jurisdiction if a vehicle shows evidence of being struck by a bullet.

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The report must give the registration or serial number, make of motor vehicle, color,

amount and location of damage, the name and address of the owner of the motor vehicle, any

missing parts, location from where the motor vehicle was taken and the location of the motor

vehicle at the time of the report.

PENALTY: Any person convicted of violating any provisions of this Section shall be

fined a sum not to exceed $1000.00.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 514.

Operating a Motor Vehicle Without Liability Insurance Prohibited.

A person may not operate a motor vehicle in this jurisdiction without a valid policy of

liability insurance in effect in order to respond in damages for liability arising out of the ownership,

maintenance or use of that motor vehicle in the amount required by laws of the State of Louisiana

for the minimum amount of liability insurance required.

PENALTY: Failure to comply with this Section is a violation. Any person found

guilty shall be fined an amount not to exceed $500.00 and any motor vehicle not

covered by the minimum amount of liability required may be impounded by the Chief

of Police and held until proof of financial responsibility is furnished. Any person

found guilty of this Section may be found liable for the costs associated with

impounding the motor vehicle in question.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 6. RULES OF THE ROAD

Sec. 601.

Careless Driving.

Any person operating a motor vehicle in this jurisdiction shall operate the motor vehicle in

a careful and prudent manner, having due regard to the traffic, surface, width of roadway, and

other conditions than existing, and shall give warnings as are reasonably necessary for safe

operation under the circumstances. No person may operate a motor vehicle upon any roadway or

elsewhere within this jurisdiction in a manner such as to endanger the life, limb, or property of any

person.

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PENALTY: Any person violating a provision of this Section shall be fined an amount

not to exceed $50.00.

(Revised by Ordinance #7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 602.

Speeding.

It is unlawful for the operator of any motor vehicle to operate the motor vehicle at a rate of

speed which is:

(a)

Greater than 35 mph within the jurisdiction of this Reservation;

(b)

Greater than 20 mph in any designated residential area;

(c)

Greater than 15 mph in any area designated as a school zone;

(d)

Greater than 20 mph in any area designated as a business zone.

In charging a violation of the provision of this Section, the complaint must specify the

speed at which the defendant is alleged to have driven and the speed which this Section states

lawful at the time and place of offense.

PENALTY: Violators who are found:

A.

To be in violation of this Section shall be required to pay a fine of $50.00 plus

$3.00 per mile per hour over the posted speed limit.

B.

Any person who violates this Section at a speed greater than 20 mph over the

posted speed limit shall be required to pay a fine of $150.00 plus $3.00 per mile over

the posted speed limit.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

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Sec. 603.

Speed Limitation Not Applicable to Emergency Vehicles - Liability

Exception.

The speed limitations provided for in this Chapter do not apply to emergency vehicles

operating in their course of business. This exemption does not protect the operator of any such

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

Sec. 604.

Reckless Driving.

Any person is liable to arrest and a charge of reckless driving if he or she drives a vehicle:

(a)

Recklessly in disregard of the rights or safety of others; or,

(b)

Without due caution and circumspection and at a speed or in a manner as to

endanger or be likely to endanger any person or the property of another.

PENALTY: Any person who is found guilty under this Section shall pay a fine not

to exceed the sum of $1,000.00 and his or her privilege to operate a motor vehicle in

this jurisdiction shall be suspended for a period not to exceed 90 days.

Sec. 605.

Aggravated Reckless Driving.

Any person is guilty of aggravated reckless driving if he or she drives a vehicle in violation

of the above Section 604 reckless driving and causes and/or inflicts injury upon the person of

another.

PENALTY: Any person who is found guilty of an offense under this Section shall be

fined a sum not less than $500.00 nor to exceed a sum of $2,500.00 and his or her

privilege to operate a motor vehicle in this jurisdiction shall be suspended for a period

of not less than one year.

Sec. 606.

(a)

Exhibition Driving and Drag Racing.

No person may engage in exhibition driving of any vehicle on a roadway or

elsewhere in this jurisdiction, nor may any person engage in a race, speed competition, drag race

or acceleration contest, test of physical endurance, or exhibition of speed or acceleration.

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(b)

Definition: As used in this Section:

(1) "Drag Race" means the operation of two or more vehicles from a point side

by side by accelerating rapidly in a competitive attempt to cause one vehicle to

outdistance the other; or the operation of one or more vehicles over a common

selected course from the same point to the same point for the purpose of comparing

the relative speed or powers of acceleration of such vehicle or vehicles within a

certain distance or time limit.

(2) "Exhibition Driving" means driving a vehicle in a manner which disturbs the

peace by creating or causing unnecessary engine noise, tire squeal, skid, or slide

upon acceleration or braking, or driving and executing or attempting one or a series

of unnecessary abrupt turns.

(3) "Race" means the use of one or more vehicles in an attempt to out-gain,

outdistance or to arrive at a given distance ahead of another vehicle or vehicles; or

the use of one or more vehicles to willfully prevent another vehicle from passing

the racing vehicle or vehicles, or to test the physical stamina or endurance of the

person driving the vehicle or vehicles over a long distance driving route.

(c) Nothing in this Section shall be construed as prohibiting drag racing, exhibition

driving, or similar events when carried out in an organized manner, in a truck or privately owned

area specifically set aside and to be used solely for such purpose by driver of motor vehicles.

PENALTY: Any person violating a provision of this Section shall be fined an

amount not to exceed $500.00.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 607.

(a)

Emanation of Excessive Sound or Noise.

No person may operate or permit the operation of any sound amplification system

which emanates unreasonably loud or excessive sound or noise which is likely to cause

inconvenience or annoyance to persons of ordinary sensibilities when:

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(1) the sound amplification system is located in or on any motor vehicle on a public

street, highway, or public park; and

(2) the sound or noise emanating from the sound amplification system is audible at

a distance of greater than twenty-five feet which exceeds eighty-five decibels.

(b)

Nothing in this Section shall be construed as prohibiting the proper use of a horn or

warning device as required by § 1126 of this Code.

PENALTY: Any person violating a provision of this Section shall be fined a sum not

less than $50 and not to exceed $100 for a first or second offense, and a sum not less

than $100 and not to exceed $250 for any subsequent offense.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 608.

Obedience to and Required Traffic Control Devices.

The operator of any vehicle shall obey the instructions of any official traffic-control device

placed in accordance with the provisions of this Chapter, unless otherwise directed by a police

officer.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 609.

Flashing Signals.

Whenever an illuminated flashing red or yellow light is used in a traffic signal, it requires

obedience by vehicular traffic as follows:

(a)

"Flashing Red Light" (Stop Light) - drivers of vehicles shall come to a complete

stop upon approaching a clearly marked line, or if no line, at the point nearest to the intersecting

roadway and may proceed when forward movement can be made safely.

(b)

"Flashing Yellow Light" (Caution Light) - when a yellow light is illuminated with

rapid intermittent flashes, operators of vehicles may proceed through the area or past such signal

only with caution. The operator of the vehicle must slow his or her vehicle and proceed at a

reasonable, safe speed and in a manner so as to avoid an accident.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 610.

Display of Unauthorized Signs, Signals, or Markings.

No person may place, maintain, or display upon or in view of any roadway, any

unauthorized sign, signal, which attempts to direct the movement of traffic, or which hides from

view or interferes with the effectiveness of an official traffic control signal or device.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 611.

Interference with Official Traffic Signal, Traffic Control Device,

Regulatory Sign or Information Sign.

No person may without lawful authority attempt to or in fact alter, deface, injure, knock

down or remove any official traffic signal, traffic control device, official regulatory sign or

information sign in this jurisdiction.

PENALTY: Any person violating a provision of this Section shall be fined an

amount not to exceed $250.00.

(Revised by Ordinance # 7-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 612.

Drive on Right Side of Roadway.

A vehicle must be driven upon the right half of the roadway except:

(a)

When overtaking and passing another vehicle proceeding in the same direction.

(b)

When an obstruction exists on the roadway making it necessary to drive to the left

of the center of the roadway, provided that the operator yields to the oncoming vehicles before

moving to the left of the center line and after moving to the left of the center line remaining there

for only such distance so as to allow clear passage of the obstruction and then shall return to the

right lane of traffic.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 613.

Passing Vehicles Proceeding in Opposite Directions.

Driver of vehicles proceeding in opposite directions shall pass each other to the right, and

upon roadways for not more than one line of traffic in each direction, each driver shall give to the

other at least one-half of the main traveled portion of the roadway as nearly as possible.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 614.

(a)

Overtaking a Vehicle on the Left.

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

may pass to the left thereof at a safe distance and when the passing can be made in safety and may

not drive again to the right side of the roadway until he or she is safely clear of the overtaken

vehicle.

(b)

When being overtaken and passed the operator of the vehicle being passed may not

increase the speed of his vehicle until completely passed by the overtaken vehicle.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 615.

When Overtaking on the Right is Permitted.

The driver of a vehicle may overtake and pass upon the right of another vehicle only under

the following condition: when the vehicle overtaken is making or is about to make a left turn.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 616.

No-Passing Zones.

The Chitimacha Tribal Council is authorized to determine those areas in this jurisdiction

where vehicular traffic is allowed; where overtaking, passing or driving may be hazardous and

may by appropriate signs or markings on the roadway and elsewhere within this jurisdiction post

such signs or markings and every driver of a vehicle shall obey the directions thereof.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 617.

Following Too Closely.

The driver of a motor vehicle may not follow another vehicle more closely than is

reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and

the condition of the roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 618.

Restricted Access.

No person may drive a vehicle onto any tribal property within this jurisdiction except as

allowed and designated by the Tribal Council.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 619.

Vehicle Approaching or Entering Intersection.

When two vehicles approach or enter an intersection from different roadways 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.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 620.

Vehicle Turning Left.

The driver of a vehicle intending to turn to the left within an intersection or into an alley,

private road, or driveway shall yield the right of way to any vehicle approaching from the opposite

direction.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 621.

Vehicles Entering Roadway.

The driver of a vehicle about to enter or cross a roadway from any place other than another

roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or

crossed.

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(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 622.

Operation of Vehicle on Approach of Authorized Emergency Vehicles.

Upon the immediate approach of an authorized emergency vehicle giving an audible signal

by bells, siren, or exhaust whistle and/or displaying a visible flashing, revolving, or rotating blue,

white or red light, the driver of every other vehicle shall yield the right of way and shall

immediately drive as close as possible to the right edge of the roadway and shall stop and remain

stopped until the emergency vehicle has passed, except when otherwise directed by a police officer.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 623.

(a)

Roadway Construction and Maintenance.

The driver of a vehicle shall yield the right of way to any authorized vehicle or

pedestrian actually engaged in work upon a roadway within this jurisdiction.

(b)

The driver of a vehicle shall yield the right of way to any authorized vehicle

obviously and actually engaged in work upon a roadway whenever such vehicle is displaying a

rotating or flashing light.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 624.

Pedestrian Obedience to Traffic Control Device and Traffic

Regulations.

(a)

When there are designated crossing zones for pedestrians upon any roadway, all

vehicles shall yield the right of way to such pedestrians when they are in the crossing area.

(b)

No pedestrian may suddenly leave the curb or other place of safety and walk or run

into the path of a vehicle which is so close as to constitute an immediate hazard.

(c)

Pedestrians attempting to cross the roadway at any point on a roadway not

designated for pedestrian road crossings shall yield the right of way to all vehicles upon the

roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 625.

Driver to Exercise Due Care.

Every driver of a vehicle shall exercise care to avoid colliding with any pedestrian and shall

give warning by sounding the horn when necessary and shall exercise proper precaution upon

observing any child or any confused, incapacitated or intoxicated person on or along the roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 626.

(a)

Pedestrians on Roadway.

Where a sidewalk or walkway is provided and its use is practical, it is unlawful for

any pedestrian to walk along and upon a roadway.

(b)

If there is no sidewalk or walkway any pedestrian walking along and upon a

roadway shall walk as near as practicable to an outside edge of the left side of the roadway.

(c)

Pedestrians shall yield the right of way to all vehicles on the roadway.A person who

is under the influence of alcohol or any drug to a degree which renders that person a hazard on the

roadway may not walk or be upon any roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 627.

Vehicles Position and Method of Turning.

The driver of a vehicle intending to turn shall do so as follows:

(a)

Right Turns

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

to the right hand edge of the roadway.

(b)

Left Turns

The driver of a vehicle intending to turn left shall approach the turn in the right lane of

traffic and shall execute the turn so as to enter the roadway proceeding into the right lane of traffic.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 628.

Limitations on Turning Around.

The driver of any vehicle may not turn such vehicle so as to proceed in the opposite

direction unless such movement can be made in safety and without interfering with other traffic.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 629.

Starting Parked Vehicle.

No person may start a vehicle which is stopped, standing or parked unless and until such

movement can be made with reasonable safety.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 630.

(a)

Turning Movements and Required Signals.

No person may turn a vehicle or move right or left upon a roadway unless and until

such movement can be made with reasonable safety and with giving an appropriate turning signal.

(b)

A signal of intention to turn or move right or left when required must be given

continuously during not less than the last hundred (100) feet traveled by the vehicle before turning.

(c)

No person may stop or suddenly decrease the speed of a vehicle without first giving

an appropriate signal in a manner provided herein to the driver of any vehicle immediately to the

rear when there is opportunity to give such signal.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 631.

(a)

Signals by Hand and Arm or Signal Lights.

Any stop or turn signal when required must be given either by means of the hand

and arm or by signal lights.

(b)

Any motor vehicle in use upon the roadway must be equipped with, and required

signals must be given by signal lights.

(c)

All signals herein required by hand and arm must be given from the left side of the

vehicle in the following manner and such signals must indicate as follows:

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(1) Left Turn - hand and arm extended horizontally.

(2) Right Turn - hand and arm extended upward.

(3) Stop or decrease speed - hand and arm extended downward.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 632.

Emergence from Alley, Driveway, Private Road or Building.

The driver of a vehicle emerging from an alley, driveway, private road, or building within

a business or residential area shall stop vehicle immediately prior to entering a roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 633.

(a)

Overtaking and Passing School Bus.

The driver of a vehicle meeting or overtaking from either direction of any school

bus stopped on the roadway shall stop the vehicle before reaching the school bus where there is in

operation on the school bus the flashing red lights, the stop sign on the control arm and the safety

strobe lights are no longer activated.

(b)

Every school bus must bear the words "SCHOOL BUS" in letters not less than

eight inches in height.

(c)

Every school bus may be equipped with safety strobe lights and shall be equipped

with a stop sign on a control arm or flashing red lights which may be activated by the driver of the

school bus whenever the vehicle is stopped on the roadway to receive or discharge school children.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 634.

Stopping, Standing or Parking on Roadway - Unattended Vehicles.

No person may leave a vehicle unattended upon any roadway or upon tribal property which

may be considered to endanger other users of the use of the roadways or tribal lands; or which may

be considered to constitute a danger to children; or when such vehicle may be in danger of being

vandalized or stolen.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 635.

(a)

Officer Authorized to Remove Illegally Stopped Vehicle.

When any police officer finds or is notified of a vehicle left standing on any

roadway or upon any tribal property the officer is authorized to remove such vehicle or require the

driver or other person in charge of the vehicle to move the vehicle to a place of safety.

(b)

Any police officer is hereby authorized to remove or cause to be removed to the

nearest place of impoundment or other place of safety any vehicle found in this jurisdiction when:

(1) A report has been made that such vehicle has been stolen or taken without

consent of the owner.

(2) The person or persons in charge of such vehicle are unable to provide for the

vehicle's custody or removal.

(3) The person driving or in control of such vehicle is arrested for an alleged

offense for which the officer is required by law to take the person arrested before a

judge without unnecessary delay.

(4) When a vehicle has been determined to be unsafe or illegal for operation on

roadways.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 636.

Stopping, Standing or Parking Prohibited in Specified Places.

No person may stop, stand or park a vehicle except when necessary to avoid conflict with

other traffic or in compliance with law or the directions of a police officer in any of the following

places:

(a)

On a sidewalk.

(b)

In front of a public or private driveway.

(c)

Within ten feet of a fire hydrant.

(d)

Within a designated school zone.

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(e)

Within twenty feet of the driveway entrance to any fire station.

(f)

Alongside or opposite any street excavation or obstruction when stopping, standing

or parking would obstruct traffic.

(g)

At any place where official signs prohibit stopping, standing or parking.

The Chitimacha Tribal Council may place official traffic-control devices prohibiting or

restricting the stopping, standing or parking of vehicles on any roadway or areas within this

jurisdiction where in its opinion such stopping, standing or parking of vehicles would unduly

interfere with the free movement of vehicular or pedestrian traffic.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 637.

(a)

Obstruction to Driver's View or Driving.

No person may drive a vehicle when it is so loaded, or when there are in the front

seat such a number of persons over the number of persons over the number for which the vehicle

was designed, so as to obstruct the view of the driver to the front or sides of the vehicle or as to

interfere with the driver's control over the driving mechanism of the vehicle.

(b)

No passenger in a vehicle may ride in such a position as to interfere with the driver's

view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the

vehicle.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 638.

Opening and Closing Vehicle Door.

No person may open the door of a motor vehicle on the side available to moving traffic

unless and until it is reasonably safe to do so and can be done without interfering with the

movement of other traffic, nor may any person leave a door open on the side of a vehicle available

to moving traffic for a period of time longer than necessary to load or unload passengers.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 639.

Following Fire Apparatus.

The driver of any vehicle other than one on official business may not follow any fire

apparatus traveling in response to a fire alarm, closer than five hundred feet or stop such vehicle

within five hundred feet of a fire apparatus stopped in answer to a fire alarm.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 640.

Crossing Fire Hose.

No vehicle may be driven over any unprotected hose of a fire department when the hose is

laid down on any street, private road, driveway or at any other location in this jurisdiction, to be

used at any fire or alarm of fire without the consent of the fire department official in command.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 641.

(a)

Garbage, Glass, Rubbish, and Injurious Materials on Roadway or

Designated Public Recreation Areas Prohibited.

No person may throw or deposit upon any roadway or public recreational area, any

glass bottle, glass, nails, tacks, wire, cans or other object or substance likely to injure any person,

animal or vehicle, or throw or deposit rubbish of any kind.

(b)

Any person who drops or permits to be dropped or thrown, upon any roadway or

public recreational area, any destructive or injurious material shall immediately remove the same

or cause it to be removed.

(c)

Any person removing a wrecked or damaged vehicle from a roadway or public

recreational area, shall remove any glass or other injurious substance dropped upon the roadway

from such vehicle or vehicles.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 642.

Fleeing or Attempting to Elude a Police Officer.

Any driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop,

or who otherwise flees or attempts to elude in any manner, a pursuing police vehicle or police

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officer, when given a visual or audible signal to bring the vehicle to a stop is in violation of this

Section. A signal complies with this Section if the signal is perceptible to the driver and:

(a)

If given from a vehicle, the signal is given by hand, voice, emergency light, or siren,

and the police vehicle is appropriately marked showing it to be an official police vehicle; or

(b)

If not given from an official vehicle, the signal is given by hand, voice, emergency

light or siren and the officer is in uniform and his or her badge of office is prominently displayed.

PENALTY: Any person who is found guilty of this Section shall be fined an amount

not to exceed $1000.00 or imprisoned for a period not to exceed 100 days or to both

fine and imprisonment.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 643.

Driving While Under the Influence of Intoxicating Liquors or Drugs.

(a)

It is unlawful for any person who is under the influence of intoxicating liquor or

who is under the influence of any drug, as defined by Title III, Subchapter C, Section 509 of the

Code, to a degree which renders him incapable of safely driving a motor vehicle to operate or be

in actual physical control of any motor vehicle upon the roadway.

(b)

In any civil or criminal prosecution for a violation of paragraph (a) of this Section

relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol

in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood,

urine, breath or other bodily substance, shall give rise to the following presumptions:

(1) If there was at that time 0.05 percent or less by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was not under the

influence of intoxicating liquor.

(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by

weight of alcohol in the defendant's blood, such fact shall not give rise to any

presumption that the defendant was or was not under the influence of intoxicating

liquor, but such fact may be considered with other competent evidence in

determining the guilt or innocence of the defendant.

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(3) If there was at that time 0.08 percent or more by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was under the influence

of intoxicating liquor.

(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol

per one hundred (100) cubic centimeters of blood or grams of alcohol per two

hundred ten liters of alveolar breath.

(5) In addition to the results of chemical analysis as set forth in paragraph (b),

other competent evidence may be introduced on the question of whether the

defendant was under the influence of intoxicating liquor.

(c)

A person who commits the offense set forth in this Section is guilty of driving

while under the influence of intoxicating liquors or drugs and may be sentenced according to the

following:

FIRST OFFENSE: Convicted first offenders shall be fined a sum not less

than $350.00, not more than $500.00 and imprisoned not less than 5 days, nor

more than 30 days, and suspension of his or her right to operate a motor

vehicle within this jurisdiction for a period of 35 days.

SECOND OFFENSE: At any time within five years from the date of a first

offense, convicted second offenders shall be fined a sum not less than $750.00

nor more than $1500.00 and imprisonment for a period not less than 60 days,

nor more than 90 days, and suspension of right to operate a motor vehicle

within this jurisdiction for a period of 150 days.

THIRD OFFENSE: At any time within five years from the date of a second

offense, convicted third offenders shall be fined a sum not less than $1500.00

nor more than $2500.00 and imprisoned for a period not less than 90 days, nor

more than 180 days, and suspension of right to operate a motor vehicle within

this jurisdiction for a period of 270 days.

FOURTH OFFENSE AND EACH SUBSEQUENT OFFENSE WITHIN A

FIVE-YEAR PERIOD: At any time within five years from the date of a third

offense, convicted fourth and subsequent offenders shall be fined not less than

a sum of $2500.00, nor more than $3500.00, and imprisonment for a period

not less than 6 months, nor more than a period of 1 year, and suspension of

right to operate a motor vehicle within this jurisdiction for a period of 1 year.

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(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 644.

Administration of Chemical Analysis Tests.

A chemical test or tests in addition to any administered at the direction of a law enforcement

officer with all costs of an additional test or tests to be the sole responsibility of the person charged.

The failure or inability to obtain an additional test by a person shall not preclude the admission of

the test or tests taken at the direction of law enforcement officer. Upon the request of the person

who is tested, full information concerning the test or tests taken at the direction of the law

enforcement officer shall be made available to him or her.

(a)

The results of such chemical analysis shall be received in evidence when it is shown

that the person charged consented to the test and the test was fairly administered, provided that a

test of a person's blood, urine, breath or other bodily substance and the result thereof is further

shown to have been performed according to methods and/or with devices approved by the

Louisiana State Toxicologist and by an individual possessing a certificate of qualification to

administer the test by the State Toxicologist. The State Toxicologist is authorized to approve

satisfactory techniques, devices and methods of chemical analysis, and to determine and certify

the qualifications of individuals to conduct such analysis. The State Toxicologist may appoint,

train, certify and supervise field inspectors who shall report the findings of any inspection to the

State Toxicologist for appropriate action. Chemical analysis of blood, saliva, urine or other bodily

substance shall be conducted by an approved technician or medical doctor or by the U.S. Public

Health Service. These tests may also be conducted by the State Chemical Analysis Lab.

(b)

If a person refuses to submit to a test as provided under Section (a), the following

procedures apply:

(1)

The Tribe shall revoke, suspend and deny driving privileges on this

Reservation.

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(2) The law enforcement officer, within five days of the test refusal, shall forward

to the Chitimacha Tribal Court a sworn report. The sworn report shall include

information as provided in Subsection (d).

(c)

If a person refuses to submit to testing under Subsection (a), none shall be given

absent a warrant obtained under Title II, Chapter 3, Section 301 or authorization of a warrantless

search under Title II, Chapter 3, Section 303, but the Tribal Court upon the receipt of a sworn

report of the law enforcement officer, forwarded by the officer within five days after the refusal,

showing that the officer had reasonable grounds to believe the person had been driving or was in

actual physical control of a motor vehicle while in violation of Section 642, that the person was

lawfully arrested and that the person had refused to submit to the test or tests under Subsection (a)

shall revoke that person's privilege to drive on the Reservation for one year, subject to the

opportunity for a pre-revocation hearing and post-revocation review as provided in this Section.

(d)

Before issuing an order of revocation under Subsection (f), the Court shall give the

person a written notice of intention to revoke and afford that person an opportunity for hearing if

the person mails a request back to the Court within five days after the date of receipt of this written

notice. The hearing must be held within twenty days after the date of request for a hearing is

reviewed by the Court. The hearing may cover only the issues of whether a law enforcement officer

had reasonable grounds to believe the person had been driving or was in actual physical control of

a vehicle in violation of Section 642; whether the person was placed under arrest; and whether that

person refused to submit to the test or test. Whether the person was informed that the privilege to

drive would be revoked or denied for refusal to submit to the test or tests is not an issue. At the

close of the hearing, the Judge shall notify the person of the Judge's findings of fact, conclusions

of law, and decision based on the findings and conclusions and shall immediately deliver to the

person a copy of the decision. If the Judge finds, based on a preponderance of the evidence, that

the person refused a test under Subsection (1), the Judge shall immediately suspend, revoke, and

deny driving privileges within the exterior boundaries of the Reservation for a length of time set

by law and determined by the Court. If the person who requested the hearing does not appear at

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the hearing without justification, the right to a hearing is waived and the Court's determination on

the revocation of the privilege to drive will be based on the written request for a hearing, the law

enforcement officer's report and such other evidence as may be available.

(e)

Any person aggrieved by the decision of the Tribal Court after a hearing under

Subsection (e) may appeal that decision to the Appeals Court in accordance with Title I, Chapter

2 of this Code. The decision will not be stayed pending appeal. The Court shall affirm the decision

of the Tribal Court unless it finds the evidence insufficient to warrant the conclusion reached by

the Court. The Appeals Court may direct that the matter be returned to the Court for rehearing on

the presentation of additional evidence.

(f)

If the person under arrest refuses to submit to the test or tests, proof of refusal is

admissible in any civil or criminal action or proceeding arising out of acts alleged to have been

committed while the person was driving or in actual physical control of a vehicle upon the public

roadways while under the influence of intoxicating liquors, drugs, or a combination thereof.

(g)

If any licensed physician, nurse, technician or an employee of a hospital shall draw

blood from any person pursuant to a request of any arresting officer he or she shall not be liable in

any civil action for damages arising out of said act except for gross negligence.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 645.

Physical Control.

A person may be charged of being in physical control of a motor vehicle under this Section

if it is determined that the person was:

(a)

Found to be in the immediate area of the vehicle, and;

(b)

He or she has the keys to the vehicle or has immediate access to the keys, and;

(c)

That he or she is in an intoxicated condition or is under the influence of a drug or

substance which renders him or her capabilities of safely operating a motor vehicle impaired, and;

(d)

That the vehicle involved is capable of being moved; or

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(e)

Otherwise in control of the vehicle as expressly determined by the Chitimacha

Tribal Court based on clear and convincing evidence.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 646.

Chemical Test For Driver in Serious Bodily Injury or Fatal Crash.

When the driver of a vehicle is involved in an accident resulting in the death or serious

bodily injury of another person, and there is probable cause to believe that a driver is in violation

of Section 642, the driver may be compelled by a police officer to submit to a test or tests of the

driver's blood, breath, saliva, or urine to determine the alcohol concentration or the presence of

other drugs or substance, as an authorized warrantless search under Title II, Chapter 3, Section

303(e). (Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 647.

Persons Qualified to Administer Test and Opportunity for Additional

Test.

Only a physician or a qualified technician, chemist, or registered nurse acting at the request

of a law enforcement officer may withdraw blood for the purpose of determining the alcohol, drug,

or combination thereof, content therein. This limitation does not apply to the taking of breath,

saliva, or urine specimens. The person tested may have a physician, or a qualified technician,

chemist, registered nurse, or other qualified person of his or her own choosing administer a

chemical test or tests in addition to any tests administered at the direction of a law enforcement

officer, with all costs of any additional test or tests to be the sole responsibility of the person

charged. The failure or inability to obtain an additional test by a person does not preclude the

admission of the test or tests taken at the direction of a police officer. Upon request of the person

who is tested, a copy of the operational checklist and test record of a breath sample test or analytical

report of a blood, urine, or saliva sample test taken at the direction of a police officer must be made

available to that person by the law enforcement agency which administered the test or tests.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 648.

(a)

Possession of Alcoholic Beverages in Motor Vehicles.

It is unlawful for any operator of a motor vehicle or the passenger in or on a motor

vehicle, while the motor vehicle is operated on a public roadway or right-of-way, to possess

an open alcoholic beverage container, or to consume an alcoholic beverage, in the

passenger area of a motor vehicle.

(b)

For purposes of this Section, the following words have the following meanings

ascribed to them:

(1) “Open alcoholic beverage container” shall not mean any bottle, can, or other

receptacle that contains a frozen alcoholic beverage unless the lid is removed, a

straw protrudes therefrom, or the contents of the receptacle have been partially

removed.

(2) “Passenger area” means the area designed to seat the driver and passengers while

the motor vehicle is in operation and any area that is readily accessible to the driver

or a passenger while in their seating positions, including the glove compartment. It

shall not mean a locked glove compartment or behind the last upright seat, or any

area not normally occupied by the driver or a passenger in a motor vehicle that is

not equipped with a trunk.

(3) “Public roadway or right-of-way" means the entire width between and immediately

adjacent to the boundary lines of publicly maintained roadways when any part

thereof is open to the use of the public.

(c)

For purposes of enforcement, the observance of a glass, cup, or other container that,

on its face, does not indicate that the container contains an alcoholic beverage, shall not,

absent other circumstances, constitute probable cause for a law enforcement officer to stop

and question a person.

(d)

The provisions of this Section shall not apply to the following persons or in the

following areas:

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(1) Any person operating or occupying a motor vehicle who, as a condition of his

employment and while acting in the course and scope of such employment, is

required to carry open alcoholic beverage containers, provided that the operator or

passenger does not consume the alcoholic beverages.

(2) Any paid fare passenger on a common or contract carrier vehicle.

(3) Any paid fare passenger on a public carrier vehicle.

(4) Any passenger in a courtesy vehicle which is operated as a courtesy vehicle.

(5) Any passenger of a self-contained motor home which is in excess of twenty-one

feet in length.

(6) Passengers and krewe members riding on a parade float.

(7) Any passenger in a privately owned limousine the driver of which possesses a Class

D commercial driver's license.

PENALTY: Any person violating this Section shall be fined an amount not to

exceed $100.00.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 649.

Obedience to Police Officer or Fireman.

No person shall willfully refuse to comply with any lawful order or direction of any police

officer or fireman invested by law with authority to direct, control or regulate traffic.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 650.

Person Riding Animal or Driving Animal-Drawn Vehicle.

Any person riding an animal or driving any animal-drawn vehicle 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

by this Chapter, except those provisions which by their very nature can have no application.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 651.

Underage Driving While Under the Influence of Intoxicating Liquors

or Drugs.

(a)

It is unlawful for any person under the age of twenty one years who is under the

influence of intoxicating liquor or who is under the influence of any drug, as defined by Title III,

Chapter 5, Subchapter C, Section 509, to a degree which renders him incapable of safely driving

a motor vehicle to operate or be in actual physical control of any motor vehicle upon the roadway.

(b)

Sections 643 through 649 shall apply to any civil or criminal prosecution for a

violation of paragraph (a) of this Section. The amount of alcohol in the defendant's blood at the

time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily

substance, shall give rise to the following presumptions:

(1) If there was at that time less than 0.01 percent by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was not under the

influence of intoxicating liquor.

(2) If there was at that time in excess of 0.01 percent but less than 0.02 percent by

weight of alcohol in the defendant's blood, such fact shall not give rise to any

presumption that the defendant was or was not under the influence of

intoxicating liquor, but such fact may be considered with other competent

evidence in determining the guilt or innocence of the defendant.

(3) If there was at that time 0.02 percent or more by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was under the

influence of intoxicating liquor.

(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol

per one hundred (100) cubic centimeters of blood or grams of alcohol per two

hundred ten liters of alveolar breath.

(5) In addition to the results of chemical analysis as set forth in paragraph (b), other

competent evidence may be introduced on the question of whether the

defendant was under the influence of intoxicating liquor.

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(c)

A person who commits the offense set forth in this Section is guilty of underage

driving while under the influence of intoxicating liquors or drugs and may be sentenced according

to the following:

FIRST OFFENSE: Convicted first offenders shall be fined a sum not more

than $250.00 and imprisoned not more than 30 days, and suspension of his or

her right to operate a motor vehicle within this jurisdiction for a period of 35

days.

SECOND OFFENSE: At any time within five years from the date of a first

offense, convicted second offenders shall be fined a sum not less than $150.00

nor more than $500.00 and imprisonment for a period not less than 10 days,

nor more than 60 days, and suspension of right to operate a motor vehicle

within this jurisdiction for a period of 150 days.

THIRD AND EACH SUBSEQUENT OFFENSE WITHIN A FIVE-YEAR

PERIOD: At any time within five years from the date of a second offense,

convicted third and subsequent offenders shall be fined a sum not less than

$250.00 nor more than $1000.00 and imprisoned for a period not less than 10

days, nor more than six months, and suspension of right to operate a motor

vehicle within this jurisdiction for a period of 270 days.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 652.

Commercial Driving While Under the Influence of Intoxicating

Liquors or Drugs.

(a)

It is unlawful for any person who operates a commercial motor vehicle pursuant to

a commercial driver’s license or a federal, state, or tribal government issued motor vehicle and

who is under the influence of intoxicating liquor or who is under the influence of any drug, as

defined by Title III, Chapter 5, Subchapter C, Section 509, to a degree which renders him incapable

of safely driving that motor vehicle to operate or be in actual physical control of that motor vehicle

upon the roadway.

(b)

Sections 642 through 649 shall apply to any civil or criminal prosecution for a

violation of paragraph (a) of this Section, except that the amount of alcohol in the defendant's

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blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or

other bodily substance, shall give rise to the following presumptions:

(1) If there was at that time less than 0.01 percent by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was not under the

influence of intoxicating liquor.

(2) If there was at that time in excess of 0.01 percent but less than 0.02 percent by

weight of alcohol in the defendant's blood, such fact shall not give rise to any

presumption that the defendant was or was not under the influence of

intoxicating liquor, but such fact may be considered with other competent

evidence in determining the guilt or innocence of the defendant.

(3) If there was at that time 0.02 percent or more by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was under the

influence of intoxicating liquor.

(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol

per one hundred (100) cubic centimeters of blood or grams of alcohol per two

hundred ten liters of alveolar breath.

(5) In addition to the results of chemical analysis as set forth in paragraph (b), other

competent evidence may be introduced on the question of whether the

defendant was under the influence of intoxicating liquor.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 7. CHITIMACHA BICYCLE CODE

Sec. 701.

Traffic Laws Apply to Persons Riding Bicycles.

Every person riding a bicycle upon a roadway is granted all of the rights and is subject to

all of the duties applicable to the driver of a vehicle except to those provisions which by their

nature have no application.

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Sec. 702.

(a)

Riding on a Bicycle.

A person propelling a bicycle may not ride other than upon or astride a permanent

and regular seat attached thereto.

(b)

No bicycle may be used to carry more persons at one time than the number for

which it is designed and equipped.

Sec. 703.

Clinging to Vehicle.

No person riding upon any bicycle, coaster, skates, sled, or toy vehicle may attach the same

or him or herself to any vehicle upon the roadway.

Sec. 704.

(a)

Riding on Roadway.

Every person operating a bicycle 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.

(b)

Persons riding bicycles upon a roadway may not ride more than two abreast, except

on areas within the jurisdiction not considered as roadways.

Sec. 705.

Carrying Articles.

No person operating a bicycle may carry any package, bundle, or article which prevents

the driver from keeping at least one hand upon the handlebars.

Sec. 706.

(a)

Lamps and Other Equipment on Bicycles.

Every bicycle when in use during the hours of darkness must be equipped with a

lamp on the front which emits a white light visible from a distance of at least 500 feet to the front

and with a red reflector on the rear of a type approved by the Chief of Police. A lamp emitting a

red light visible from a distance of five hundred feet to the rear may be used in addition to the red

reflector.

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(b)

Every bicycle must be equipped with a brake which will enable the operator to

make the braked wheels skid on dry, level, clean pavement.

Sec. 707.

Restricted Access.

No person may drive a bicycle onto any tribal property within this jurisdiction except as

allowed and designated by the Tribal Council.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 8. CHITIMACHA MOTORCYCLE CODE

Sec. 801.

Traffic Laws Apply to Person Operating Motorcycle or Motorized

Bicycle.

Every person operating a motorcycle or motorized bicycle, or motor-scooter is granted all

of the rights and is subject to all of the duties applicable to the driver of any other vehicle under

this Chapter.

Sec. 802.

Riding on a Motorcycle.

A person operating a motorcycle shall ride only upon the permanent and regular seat

attached thereto, and such operator may not carry any other person, nor may any other person ride

on a motorcycle unless such motorcycle is designed to carry more than one person, in which event

a passenger may ride upon the permanent and regular seat if designed for two persons, or upon

another seat firmly attached to the motorcycle at the rear or side of the motorcycle.

Sec. 803.

(a)

Safety Helmets.

No person shall operate or ride upon any motorcycle, motor-driven cycle, or

motorized bicycle unless the person is equipped with and is wearing on the head a safety helmet

of the type and design manufactured for use by operators of such vehicles, which shall be secured

properly with a chin strap while the vehicle is in motion. All such safety helmets shall consist of

lining, padding, visor, and chin strap and shall meet such other specifications as shall be established

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by the deputy secretary of the Department of Public Safety and Corrections for the State of

Louisiana.

(b)

It shall be unlawful to manufacture, sell, or distribute any protective helmet for use

by the operator of a motorcycle, motor driven cycle, or motorized bicycle, or for use by the

passenger thereon, unless such protective helmet is of a type and specification approved by the

deputy secretary of the Department of Public Safety and Corrections for the State of Louisiana

who shall publish a notice of such approval.

(c)

Notwithstanding the provisions of this Section, the Chitimacha Tribal Police

Department may issue a permit exempting members of organizations sponsoring, conducting, or

participating in parades or other public exhibitions from the provisions of this Section while such

members are actually participating in a parade or other public exhibition.

(d)

This Section does not apply to a person operating or riding in an autocycle if the

vehicle is equipped with supports that meet or exceed the standards for a safety helmet or a rollbar

or roll cage. As used in this Subsection, "rollbar" or "roll cage" shall mean supports that will bear

the vehicle's weight and are so designed as to protect the occupants when the vehicle is resting on

the supports.

(e)

It shall be unlawful to manufacture, sell, or distribute any protective helmet for use

by the operator of a motorcycle, motor driven cycle, or motorized bicycle, or for use by the

passenger thereon, unless the manufacturer of the protective helmet obtains and maintains liability

insurance of not less than one hundred thousand dollars for each occurrence of liability of the

manufacturer for fault in the design, materials, or workmanship of the protective helmet. In

addition to any other penalty provided in this Section, the commissioner may prohibit the

movement, sale, or distribution of any protective helmet if the manufacturer is not covered by

insurance as required by this Subsection.

PENALTY: Any person violating this Section shall pay a fine not to exceed $50.00.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 804.

(a)

Operating Motorcycles on Roadways Laned for Traffic.

All motorcycles are entitled to full use of a lane and no motor vehicle may be driven

in such a manner as to deprive any motorcycle of the full use of a lane.

(b)

The operator of a motorcycle may not overtake and pass in the same lane occupied

by the vehicle being overtaken.

(c)

No person may operate a motorcycle between lanes of traffic or between adjacent

lines or rows of vehicles.

(d)

Motorcycles may not be operated more than two abreast in a single lane.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 805.

Clinging to other Vehicles.

No person riding upon a motorcycle may attach himself or herself on the motorcycle or to

any other vehicle on a roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 806.

Footrests.

Any motorcycle carrying a passenger other than in a sidecar or enclosed cab must be

equipped with footrests for such passenger.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 807.

Equipment for Motorcycle Riders.

No person under the age of eighteen (18) years shall operate or ride upon any motorcycle,

motor driven cycle, or motorized bicycle unless the person is equipped with and is wearing on the

head a safety helmet of the type and design manufactured for use by operators of such vehicles,

which shall be secured properly with a chin strap while the vehicle is in motion. All such safety

helmets shall consist of lining, padding, visor, and chin strap and shall comply with ANSI 2-87

Standards.

(Revised by Ordinance# 4-99; Adopted: October 21, 1999; Effective: October 21, 1999; Revised by Ordinance #1018; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 808.

Motorcycle Equipment: Frame-Chassis Requirements.

The motorcycle frame-chassis, including the suspension components and engine

mountings, must be of substantial construction capable of supporting the combined weight of all

vehicle components and riders for which the vehicle is designed and to withstand normal road

shocks and operational stress without constituting a hazard to the riders or other users of the

roadway.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 809.

Brakes.

Every motorcycle must have a brake system which complies with the rules promulgated

by the Register of Motor Vehicles Department of the State of Louisiana.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 810.

Brakes on Motor-Driven Cycles.

The Chief of Police or his or her designees may require an inspection of the brake system

on any motor driven cycle and may disapprove any brake system which is not so designed or

constructed so as to insure reasonable and reliable performance when in actual use. Any cycle

found to be with brakes not meeting that standard will not be allowed to be used within this

jurisdiction.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 811.

Tires, Wheels and Rims Must Comply with the Louisiana Law Steering

and Suspension Systems.

The tires, wheels, rims, steering, and suspension systems of motorcycles must comply with

the laws of the State of Louisiana for such equipment or systems.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 812.

(a)

Fuel System.

All fuel system components, including the tank, pump, tubing, hoses, clamps, etc.

must be securely fastened to the motorcycle so as not to interfere with vehicle operation and must

be leak-proof.

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(b)

Fuel lines must be positioned in a manner to prevent their contact with the engine

head, manifold, exhaust systems, or other high temperature surfaces or moving components. The

fuel system must be adequately vented and provided with a fuel shut off valve located between the

fuel supply and the engine.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 813.

Exhaust Systems - Prevention of Noise.

Motorcycles must be equipped with an exhaust system incorporating a muffler or other

mechanical device for the purpose of effectively reducing engine noise. Cutouts and bypasses in

the exhaust system are prohibited. The system must be leak-proof and all components must be

securely attached to the vehicle and located so as to not interfere with the operation of the

motorcycle.

Shielding must be provided to prevent inadvertent contact with the exhaust system by the

operator or passenger during normal operation. All motorcycles operating in this jurisdiction must

meet the noise decibel limitations as established by the environmental agency. No person may sell,

offer for sale, or install any noise suppressing system or device which will produce noise in excess

of the maximum allowable decibel limitations of this Section.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 814.

Mirror.

Every motorcycle must be equipped with at least one mirror or unit magnification, securely

affixed to the handlebar and capable of adjustment within a range that will reflect an image that

includes at least the horizon and/or the road surface to the rear of the motorcycle. Such mirror must

consist of a minimum reflective surface of ten square inches. All mirrors shall not contain sharp

edges or projections capable of producing injury.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 815.

Fenders.

Each wheel of a motorcycle must be equipped with fenders or otherwise covered by the

body configuration. Fenders must be securely mounted and of sufficient size and strength to

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minimize water or other road surface substances from coming in contact with the vehicle riders,

or throwing the road substances unreasonably to the rear of the vehicle. Fender design must be

effective in reducing side spray.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 816.

Seat or Saddle.

A seat or saddle securely attached to the vehicle must be provided for the use of the

operator. The seat or saddle may not be less than 25 inches above a level road surface when

measured to the lowest point on top of the seat or saddle cushion with the operator seated in a

driving position. The seat or saddle adjustment locking device must prevent relative movement of

the seat from its selected and secured position under all normal vehicle operating conditions.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 817.

Chain Guard.

Any drive chain on a motorcycle must be equipped with a chain guard or covering device

to prevent chain or chain sprocket contact with any rider.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 818.

Vehicle Stand.

All motorcycles designed with two wheels must be equipped with a retracting vehicle stand

to permit the vehicle to remain in an upright stored position without outside assistance. The stand

may be of a side or center type and must be of substantial construction to hold the vehicle so

equipped.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 819.

Horn.

Every motorcycle must be equipped with an operative horn in good working order. The

horn must operate from a control device located on the left handlebar.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

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Sec. 820.

Speedometer and Odometer.

Every motorcycle must be equipped with a properly operating speedometer and odometer

calibrated in miles per hour and miles respectively and must be fully illuminated when the

headlamp is activated.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 821.

Lighting Equipment.

Every motorcycle must be equipped with headlamps, and rear tail lights. The headlamps

must be activated at all times when the vehicle is in operation in this jurisdiction. The headlamp

on a motor-driven cycle must be of sufficient intensity to reveal a person or a vehicle at a distance

of not less than one hundred feet when the motor-driven cycle is operated at any speed less than

25 mph and at a distance of not less than three hundred feet when the motor-driven cycle is

operated at a speed of 25 or more mph.

In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, the lamp

or lamps must be so aimed that when the vehicle is loaded none of the high intensity portion of

light at a distance of 25 feet projects higher than the level of the center of the lamp from which it

comes. When meeting any vehicle, multi-beam lamps will be dimmed at a distance of no less than

300 feet.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 822.

Passenger Seat.

Motorcycles designed to carry more than one person must be equipped with a securely

mounted seat for each passenger located to the side or rear of the driver such that the passenger

seat does not interfere with the driver's control or operation of the vehicle.

PENALTY: Any person operating a motor-driven cycle in violation of Chapter 8

shall pay a fine not to exceed $100.00 and/or the motor-driven cycle may be

impounded by the halting officer. The vehicle may be taken out of impound on paying

a fee of $50.00 and may not be operated within the jurisdiction until the vehicle

complies with this Section.

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(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 9. ALL TERRAIN VEHICLES

Sec. 901.

Definitions.

"All Terrain Vehicle" (ATV) - means any motorized vehicle capable of being operated

off a roadway and designed for operator use with or without passengers, including but not limited

to a dirt bike, three-wheeler, four-wheeler, go-kart, or golf cart.

"Operate" - means to ride in or on and control of the ATV.

"Operator" - means a person who operates and is in actual physical control of an ATV.

"Owner" - means a person other than a lien holder, having the property ownership in or

title to an ATV and entitled to its use.

“Tribal person” – means any member of the Chitimacha Tribe of Louisiana, irrespective

of their residence, or any person who resides within the boundaries of the Chitimacha Reservation.

“Non-Tribal person” – means a person who is not a Tribal person.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 902.

Limitations on the Operation of All Terrain Vehicles.

It is prohibited to operate an ATV in the following ways, which are declared to be unsafe

and a public nuisance.

(a)

In any area which prohibits the use of ATV's as designated by the Tribal Council

and so clearly marked.

(b)

In a careless, reckless or negligent manner so as to endanger the person or property

of another or to cause injury or damage to such person or property.

(c)

While under the influence of intoxicating liquor or a controlled substance.

(d)

In any garden or tree nursery area, school area, business area or area not owned by

the operator or his or her family (if a minor).

(e)

On an airstrip.

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PENALTY: Any person violating this Section shall be fined an amount not to exceed

$250.00 and/or the ATV may be impounded and held until impoundment fee in the

amount of $50.00 is paid.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 903.

(a)

Operation of All Terrain Vehicles.

A Tribal person may operate an ATV on any roadway or roadway shoulder, if the

vehicle is duly registered with the Chitimacha Tribal Police Department and operated by a Tribal

person who is a duly licensed operator and if the person complies with this Section, except that

operating such a vehicle after dark or before dawn is prohibited.

(b)

A Tribal person operating an ATV must:

(1)

Have completed a safety course approved by the Chitimacha Tribal Police

Department.

(2)

In order to register the ATV, present proof of ownership of the ATV,

including title, proof of sale, or some other form of objectively verifiable

documentation evincing to the Chitimacha Tribal Police Department that the

registrant owns the ATV.

(3)

Wear a helmet, and require any passenger to wear a helmet, meeting the

requirements of Sec. 803.

(c)

(4)

Drive to the far right side of any lane on any roadway being travelled.

(5)

Yield to all motor vehicle traffic.

(6)

Obey all traffic signs.

(7)

Not exceed a speed of 10 miles per hour.

A non-Tribal person who is a duly licensed under the laws of the State of Louisiana

and who has the liability insurance required under the laws of the State of Louisiana may operate

an ATV that is duly registered with the State of Louisiana only on roadways situated within the

Chitimacha Reservation, but not on roadway shoulders.

(d)

Any operator of an ATV may make a direct crossing of a roadway but such operator

shall:

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(1) First bring the ATV to a complete stop before crossing any roadway.

(2) Yield the right of way to any motor-vehicle or pedestrian.

(3) Cross the roadway only when such crossing can be made in safety.

PENALTY: Any person violating this Section shall be fined an amount not

to exceed $250.00 and/or the ATV or golf cart may be impounded and held

until impoundment fee in the amount of $50.00 is paid.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by Ordinance #10-18;

Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 904.

(a)

Age Restrictions on the Operation of certain ATVs.

Any Tribal person over the age of sixteen (16) years shall be entitled to operate an

ATV in this jurisdiction if the use is in compliance with all other provisions of this Chapter.

(b)

Any Tribal person between the ages of twelve (12) and sixteen (16) shall be entitled

to operate an ATV in this jurisdiction if the use is in compliance with all other provisions of this

Chapter, except that no such person shall operate a three or four-wheeler with an engine size

exceeding ninety (90) cubic centimeters displacement unless under the direct supervision of a

person over the age of eighteen (18) years.

(c)

Any Tribal person between the ages of eight (8) and twelve (12) years shall be

entitled to operate a golf cart in this jurisdiction if the use is in compliance with all other provisions

of this Chapter.

(d)

A Tribal person who is under the age of eight (8) and on an ATV in operation must

be supervised by an operator who is duly licensed to operate the ATV or has proof of completion

of the safety training course required under Section 903(b)(1).

PENALTY: Any person violating this Section shall be fined an amount not to exceed

$250.00 and/or the ATV may be impounded and held until impoundment fee in the

amount of $50.00 is paid.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 10. ABANDONED AND IMPOUNDED VEHICLES

Sec. 1000.

Abandoned Vehicle.

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(a)

A motor vehicle that is not situated on a person’s yard or driveway shall be deemed

abandoned if it is:

(1) lacking in one or more parts essential to its mechanical functioning, or is

otherwise inoperable so that it has no substantial potential for further use consistent

with its usual functions, and;

(2) not moved and/or no repairs are attempted for seven (7) consecutive days.

(b)

A motor vehicle that is situated on a person’s yard or driveway shall only be deemed

abandoned and penalized under this Section 1000 if it is also deemed dismantled and/or junked

under Title XV, Chapter 5, Section 504.

PENALTY: Any person who unlawfully abandons a motor vehicle, or owns a motor

vehicle that is abandoned unlawfully shall be fined an amount not less than $100.00

or more than $500.00, plus they shall be responsible for all actual expenses incurred

in the removal and impoundment of said vehicle.

(Added by Ordinance #14-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by Ordinance #7-98;

Adopted: June 18, 1998; Effective: June 18, 1998; Revised by Ordinance #10-18; Adopted: October 17, 2018;

Effective: October 17, 2018)

Sec. 1001.

Impoundment.

Upon discovery of any abandoned vehicle, Tribal Law Enforcement shall inspect the

vehicle for evidence of ownership, and shall make a reasonable effort to determine its ownership

and/or any liens of record. If the name and address of the owner and/or lien holder of the vehicle

are ascertained, the officer shall notify the party. Tribal Law Enforcement shall post a notice in a

conspicuous location on the vehicle. Said Notice shall specify that:

(a)

the vehicle must be removed within forty-eight (48) hours of the date of the notice,

or it will be impounded and removed by the Tribal Police, and;

(b)

the owner and/or lien holder may redeem the vehicle after impoundment upon

presenting satisfactory proof of ownership or right to possession, payment of the civil penalties

and expenses of removing and storing the vehicle, not more than thirty (30) days after the date of

notice, otherwise the vehicle will be disposed of or sold.

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Any vehicle which has been impounded under the authority of this code shall be held by

the Chitimacha Police Department in a safe and secure location as designated by the Chief of

Police.

(Revised by Ordinance #14-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by Ordinance #1018; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1002.

(a)

Disposition of Abandoned Vehicles.

If the vehicle is not redeemed within thirty (30) days after the date of notice as

provided in Sec. 1001, the vehicle may be sold or otherwise disposed of, and/or;

(b)

If the owner and/or lien holder was not determined, the Chief of Police shall publish

in the parish newspaper of record the intention to sell or otherwise dispose of the abandoned

vehicle giving the vehicle's description including VIN number.

(c)

If the owner and/or lien holder is determined after disposal of the abandoned

vehicle, the owner and/or lien holder shall be liable for any disposal or associated fees paid by the

Chitimacha Police Department, in addition to any other penalties accrued under this Chapter.

(Revised by Ordinance #14-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by Ordinance #1018; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1003.

Sale of Abandoned Vehicle.

The Chief of Police shall give notice designating the date, location, and time on an auction

to be held of any and all abandoned vehicles.

(a)

When any vehicle is sold, the Tribe shall execute a Certificate of Sale in duplicate,

deliver an original copy to the purchaser and retain a copy for their records. The Certificate of Sale

shall contain:

(1) the name and address of the purchaser;

(2) the date of sale;

(3) the consideration paid;

(4) a description of the vehicle, and;

(5) a stipulation that no warranty is made as to the condition or title of the vehicle.

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All proceeds received from the sale of abandoned vehicles shall be deposited in the general

account of the Chitimacha Tribe.

(Revised by Ordinance #14-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by Ordinance # 7-98;

Adopted: June 18, 1998; Effective: June 18, 1998)

(Section 1004 omitted by Ordinance #14-93; Adopted: October 1, 1993; Effective: October 1, 1993)

CHAPTER 11. MOTOR VEHICLE EQUIPMENT REQUIREMENTS

Sec. 1101.

When Lamps are Required.

Every vehicle upon a roadway within this jurisdiction at any time from sunset to sunrise,

and at any other time when, due to insufficient light or unfavorable atmospheric conditions,

persons and vehicles on the roadway are not clearly visible at a distance of one thousand (1000)

feet ahead must display lighted lamps and illuminated devices as hereinafter respectively required

for different classes of vehicles, subject to exceptions with respect to parked vehicles. Stoplights,

turn signals, and other signaling devices must be lighted as prescribed for the use of such devices.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1102.

(a)

Visibility Distance and Mounted Height of Lamps.

Whenever requirement is hereinafter declared as to distance from which certain

lamps and devices render objects visible or within which lamps or devices must be visible, said

provisions apply during the times stated in Section 1101 in respect to a vehicle without load when

upon a straight, level, unlighted roadway under normal atmospheric conditions unless a different

time or condition is expressly stated.

(b)

When requirement is hereinafter declared as to the mounted height of lamp or

devices it means from the center of such lamp or device to the level ground upon which the vehicle

stands when such vehicle is without a load.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

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Sec. 1103.

(a)

Headlamps on Motor Vehicle.

Every motor vehicle must be equipped with at least two headlamps with at least

one on each side of the front of the motor vehicle, which headlamps must comply with the

requirements and limitation set forth in this Chapter.

(b)

Every headlamp upon every motor vehicle must be located at a height measured

from the center of the headlamp of not more than fifty-four inches nor less than twenty-four inches

to be measured as set forth in Subsection (b) of Section 1102.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1104.

(a)

Tail Lamps.

Every motor vehicle, trailer, semi-trailer, and pole trailers and any other vehicle

which is drawn at the end of a train of vehicles, must be equipped with at least one tail lamp

mounted on the rear, which when lighted as hereinbefore required, must emit a red light plainly

visible from a distance of one thousand feet to the rear, provided that in the case of a train of

vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance

specified. Every such above-mentioned vehicle, other than a truck tractor, registered and

manufactured or assembled after January 1, 1964, must be equipped with at least two tail lamps

mounted on the rear of the same level and as widely spaced laterally as practicable, which, when

lighted as herein required, comply with the provisions of this Section.

(b)

Every tail lamp upon every vehicle must be located at a height of not more than

seventy-two inches nor less than fifteen inches from the ground.

(c)

Either a tail lamp or a separate lamp must be so constructed and placed as to

illuminate with a white light on the rear registration plate and render it clearly legible from a

distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for

illuminating the rear registration plate, must be so wired as to be lighted whenever the headlamps

or auxiliary driving lamps are lighted.

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Sec. 1105.

(a)

Motor Vehicle to be Equipped with Reflectors.

Every motor vehicle operated upon a roadway in this jurisdiction must carry on the

rear, either as part of the tail lamps or separately, two or more red reflectors meeting the

requirements of this Section.

(b)

Every such reflector must be mounted on the vehicle at a height not less than fifteen

inches nor more than sixty inches from the ground measured as set forth in Subsection (a) of

Section 1111 and must be of size and characteristics and so mounted as to be visible as required

in Section 1112.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1106.

(a)

Stop Lamps and Turn Signals Required on Motor Vehicles.

No person may operate on the roadways any motor vehicle registered and

manufactured or assembled after January 1, 1964, unless it is equipped with at least two stop lamps

meeting the requirements of Section 1119(a) except that a truck tractor manufactured or assembled

after January 1, 1964 must be equipped with at least one stop lamp meeting the requirements of

Section 1119(a).

(b)

No person may operate on the roadways any motor vehicle, trailer, or semi-trailer

registered and manufactured or assembled after January 1, 1952, unless it is equipped with

electrical turn signals in good working order meeting the requirements of Section 1119(b). This

Section does not apply to any trailer or semi-trailer of less than three thousand pounds gross

weight.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1107.

(a)

Additional Lighting Equipment.

Any motor vehicle may be equipped with one or more backup lamps when

separately or in combination with other lamps, but the backup lamp or lamps may not be lighted

when the vehicle is in a forward motion.

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(b)

Any vehicle may be equipped with one or more side marker lamps which may be

flashed in conjunction with turn signals or vehicular hazard warning signals.

Sec. 1108.

Application of Succeeding Sections.

Those Sections of this Chapter which follow immediately relating to clearance and marker

lamps, reflectors, and stoplights, apply as stated in said Sections to vehicles of the type therein

enumerated, namely passenger buses, trucks, truck tractors, and certain trailers, semi-trailers and

pole trailers, respectively, when operated upon any roadway, and said vehicles must be equipped

as required and all lamp equipment required must be lighted at the times mentioned in Section

1101, except that clearance and side marker lamps need not be lighted on any said vehicle when

operated within this jurisdiction where there is sufficient light to render clearly discernable persons

and vehicles on the roadway at a distance of five hundred feet.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1109.

Additional Equipment Required on Certain Vehicles.In addition to other

equipment required in this Chapter, the following vehicles must be equipped as herein stated under

the conditions stated in Section 1108.

(a)

On every bus, truck, trailer, or semi-trailer, there must be the following:

(1) on the rear, two reflectors, one at each side and one stoplight.

(2) a trailer or semi-trailer which is not loaded or of some dimensions as to obscure

the stoplight on the towing vehicle need not be equipped with a stoplight.

(b)

On every bus, truck, trailer, or semi-trailer eighty (80) inches or more in overall

width there must be the following:

(1) on the rear, two reflectors, one at each side, two clearance lamps, one at each

side and one stop light.

(2) on the front, two clearance lamps, one at each side.

(c)

On every truck tractor there must be the following:

(1) on the front, two clearance lamps, one at each side.

(2) on the rear, one stoplight.

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(d)

On every pole trailer there must be the following:

(1) on the rear of the pole trailers exceeding three thousand pounds gross weight,

there must be on each side, one side marker lamp and one clearance lamp which

may be in combination to show to the front, side and rear.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1110.

Color of Clearance Lamps, Side Marker Lamps, Back Up Lamps and

Reflectors.

(a)

Front clearance lamps and those marker lamps and reflectors mounted on the front,

or on the side near the front of a vehicle, must display or reflect amber color.

(b)

Rear clearance lamps and those marker lamps and reflectors mounted on the rear,

or on the sides near the rear of a vehicle, must display or reflect a red color.

(c)

All lighting devices and reflectors mounted on the rear of any vehicle must display

or reflect a red color, except that the light illuminating the license plate must be white and the light

emitted by a backup lamp must be white or amber.

Sec. 1111.

(a)

Mounting of Reflectors, Clearance Lamps and Side Marker Lamps.

Reflectors when required by Section 1105 must be mounted at a height not less than

fifteen inches and not higher than sixty inches above the ground on which the vehicle stands,

except that if the highest part of the permanent structure of the vehicle is less than fifteen inches

the reflector must be mounted as high as that part of the structure will permit. The rear reflectors

on a pole trailer may be mounted on each side of the bolster or load. A required red reflector on

the rear of a vehicle may be incorporated with the tail lamp but must meet all the other reflector

requirements of this Chapter.

(b)

Clearance lamps must be mounted on the permanent structure of the vehicle in such

a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance

lamps and side marker lamps may be mounted in combination provided illumination is given as

required herein with reference to both.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

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Sec. 1112.

(a)

Visibility of Reflectors, Clearance Lamps and Marker Lamps.

Every reflector upon any vehicle referred to in Section 1105 must be of such size

and characteristics and so maintained as to be readily visible at night time from all distances within

six hundred feet to one hundred feet from the vehicle when directly in front of lawful lower beams

of headlamps, except that the reflectors on vehicles manufactured or assembled prior to January 1,

1970 must be measured in form of lawful upper beams of headlamps. Reflectors required to be

mounted on the sides of the vehicle must reflect the required color of light to the sides, and those

mounted on the rear must reflect a red color to the rear.

(b)

Front and rear clearance lamps must be capable of being seen and distinguished

under normal atmospheric conditions at the times lights are required at a distance of five hundred

(500) feet from the front and rear of the vehicle.

(c)

Side marker lamps must be capable of being seen and distinguished under normal

atmospheric conditions at the time lights are required at a distance of five hundred feet from the

side of the vehicle on which mounted.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1113.

Obstructed Lights not Required.

Whenever motor and other vehicles are operated in combination during the time that lights

are required, any lamp need not be lighted which, by reason of its location on a vehicle of the

combination, would be obscured by another vehicle of the combination, but this does not affect

the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle

required to have clearance lamps, not that all lights required on the rear of the rearmost vehicle of

any combination must be lighted.

Sec. 1114.

Lamp or Flag on Projecting Load.

Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed

or body of the vehicle there must be displayed at the extreme rear end of the load at the times

specified in Section 1101, a red light or lantern plainly visible from a distance of at least six

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hundred feet to the sides and rear. The red light or lantern required under this Section must be in

addition to the red rear light required upon every vehicle.

At any other time there must be displayed at the extreme rear end of a load a red flag or

cloth not less than twelve inches square and so hung that the entire area is visible and the driver of

a vehicle approaching from the rear.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1115.

(a)

Lamps on Parked Vehicle.

Whenever a vehicle is lawfully parked upon a street or roadway during the hours

between a half hour after sunset and a half hour before sunrise and in the event there is sufficient

light to reveal any person or object within a distance of one thousand feet upon such street or

roadway no lights need to be displayed.

(b)

Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent

thereto, whether attended or unattended, during the hours between a half hour after sunset and a

half hour before sunrise and there is not sufficient light to reveal any person or object within a

distance of one thousand feet upon such roadway, the vehicle must be equipped with at least one

lamp displaying a white or amber light visible from a distance of one thousand feet to the front of

the vehicle. The same lamp or at least one other lamp or lamps must display a red light visible

from a distance of one thousand feet to the rear of the vehicle, and the location of the lamp or

lamps must always be such that at least one lamp or combination of lamps meeting the

requirements of this Section is installed as near practicable to the side of the vehicle which is

closest to passing traffic.

(c)

Sec. 1116.

Any lighted headlamps upon a parked vehicle must be depressed or dimmed.

Lamps on other Vehicles and Equipment.

Every vehicle, including animal drawn or human drawn vehicles must at all times specified

in Section 1101 be equipped with at least one lamp displaying a white light visible from a distance

or not less than one thousand feet to the front of the vehicle, and must also be equipped with two

lamps displaying red light visible from a distance of not less than one thousand feet to the rear of

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the vehicle, or two red reflectors visible for distances of one hundred feet to six hundred feet to

the rear when illuminated by the lower beam of headlamps.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1117.

(a)

Spot Lamps and Auxiliary Lamps.

Spot Lamps. Any motor vehicle may be equipped with not to exceed two spot

lamps and every lighted spot lamp must be so aimed and used so that no part of the high intensity

portion will strike the windshield, or any windows, mirror or occupant of another vehicle in use.

(b)

Fog Lamps. Any motor vehicle may be equipped with not to exceed two fog lamps

mounted on the front at a height not less than twelve inches nor more than thirty inches above the

level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none

of the high intensity portion of the light to the left center of the vehicle shall at a distance of twentyfive feet ahead project higher than a level of four inches below the level of the center of the lamp

from which it comes. Lighted fog lamps meeting the above requirements may be used with lower

headlamp beams as specified in Section 1121.

(c)

Auxiliary Passing Lamps. Any motor vehicle may be equipped with not to exceed

two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor

more than forty-two inches above the level surface upon which the vehicle stands. The provisions

of Section 1121 apply to any combination of headlamps and auxiliary passing lamps.

(d)

Auxiliary Driving Lamps. Any motor vehicle may be equipped with not to exceed

two auxiliary driving lamps. Any auxiliary driving lamp mounted at a height of less than sixteen

inches or more than forty-two inches above the level surface upon which the vehicle stands may

not be lighted when the vehicle is used upon a roadway. The provisions of Section 1121 apply to

any combination of headlamps and auxiliary driving lamps.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1118.

(a)

Audible and Visual Signals on Vehicle.

Every authorized emergency vehicle must, in addition to any other equipment and

distinctive markings required by this Chapter, be equipped with a siren, exhaust whistle, or bell

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capable of causing a minimum sound intensity of eighty-five decibels, such siren or signal must

be mounted outside of the vehicle or in front of the radiator.

(b)

Every school bus, except small vehicles such as automobiles, station wagons,

suburban, and van-type vehicles having a seating capacity of up to and including sixteen pupils,

and every authorized emergency vehicle may be equipped with safety strobe lights and must, in

addition to any other equipment and distinctive markings required by this Chapter, be equipped

with:

(1) signal lamps mounted as high and as widely spaced laterally as practicable,

which must be capable of displaying to the front two alternately flashing red lights

located at the same level and to the rear two alternately flashing red lights located

at the same level, and these lights must have sufficient intensity to be visible at five

hundred feet in normal sunlight; and,

(2) a stop sign on a control arm that can be activated by the bus driver. The stop

sign on the control arm must be located on the left side of the bus; be equipped with

a flashing red light; and when activated, extend out from the bus at approximately

a ninety degree angle.

(c)

A police vehicle when used as an authorized emergency vehicle may, but need not,

be equipped with alternately red lights specified herein.

Sec. 1119.

(a)

Signal Lamps and Signal Devices.

Any motor vehicle may be equipped and when required under this Chapter must be

equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red light visible

from a distance of not less than three hundred feet to the rear in normal sunlight, and which shall

be activated upon application of the service (foot) brake, and which may, but need not, be

incorporated with one or more other rear lamps.

(b)

Any motor vehicle may be equipped and when required under this Chapter must be

equipped with lamps showing to the front and rear for the purpose of indicating an intention to

turn either to the right or left. The lamps showing to the front must be located on the same level

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and as widely spaced laterally as practicable and when in use display a white or amber light, or

any shade of color between white and amber, visible from a distance of not less than three hundred

feet to the front in normal sunlight, and the lamps showing to the rear must be located at the same

level and as widely space laterally as practicable and when in use display a red or amber light, or

any shade of color between red and amber, visible from a distance of not less than three hundred

feet to the rear in normal sunlight.

Any motor vehicle or combination of vehicles eighty inches or more in overall width, and

manufactured or assembled after January 1964, must be equipped with the lamps required by the

Subsection mounted and spaced in the same manner but visible from a distance not less than five

hundred feet to the front and rear in normal sunlight. When actuated the lamps must indicate the

intended direction of turning by flashing the lights showing to the front and rear on the side toward

which the turn is made. Turn signal lamps may, but need not, be incorporated in other lamps on

the vehicle.

(c)

Sec. 1120.

(a)

No stop lamp or signal may project a glaring light.

Vehicular Hazard Warning Lights.

Any vehicle may be equipped with lamps for the purpose of warning the operators

of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care

in approaching, overtaking, or passing.

(b)

After January 1, 1980, every bus, truck, truck tractor, trailer, semi-trailer or pole

trailer eighty inches or more in overall width or thirty feet or more in overall length must be

equipped with lamps meeting the requirements of this Section.

(c)

Vehicular hazard warning signal lamps used to display warning to the front must

be mounted at the same level and as widely spaced laterally as practicable, and must display

simultaneously flashing white or amber lights, or any shade of color between white and amber.

The lamps used to display warning to the rear must be mounted at the same level and as widely

spaced laterally as practicable, and must show simultaneously flashing amber or red lights, or any

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shade of color between amber and red. These warning lights must be visible from a distance of not

less than five hundred feet in normal sunlight.

Sec. 1121.

Multiple Beam Road Lighting Equipment.

Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary

passing lamp or combination thereof on motor vehicles must be so arranged that the driver may

select at will between distributions of light projected to different elevations and these lamps may,

in addition, be so arranged that selection can be made automatically, subject to the following

limitations:

(a)

There must be an uppermost distribution of light, or composite beam, so aimed and

of sufficient intensity to reveal persons and vehicles at a distance of at least four hundred fifty feet

ahead for conditions of loading.

(b)

There must be a lowermost distribution of light, or composite beam, so aimed and

of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred fifty feet

ahead; and on a straight level road under any condition of loading none of the high intensity portion

of the beam may be directed to strike the eyes of an approaching driver.

(c)

Every motor vehicle registered, which has multiple-beam road-lighting equipment

must be equipped with a beam indicator, which must be lighted whenever the uppermost

distribution of light from the headlamps is in use, and may not otherwise be lighted. The indicator

must be so designed and located that when lighted it will be readily visible without glare to the

driver of the vehicle so equipped.

(d)

Subsection C does not apply to those vehicles manufactured without a factory

installed beam indicator.

Sec. 1122.

Use of Multiple-Beam Road-Lighting Equipment.

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto

during the times specified in Section 1101, the driver shall use a distribution of light, or composite

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beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe

distance in advance of the vehicle, subject to the following requirements and limitations:

(a)

When a driver of a vehicle approaches an oncoming vehicle within five hundred

feet, such drivers shall use a distribution of light, or composite beam, so aimed that the glaring

rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or

composite beam, specified in Subsection (b) of Section 1121 must be deemed to avoid glare at all

times, regardless of road contour and loading.

(b)

When a driver of a vehicle follows another vehicle within three hundred feet to the

rear, the driver shall use a distribution of light permissible under this Chapter other than the

uppermost distribution of light specified in Subsection (a) of Section 1121.

(Revised by Ordinance #6-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 1123.

(a)

Special Restrictions on Lamps.

Any lighted lamp or illuminating device upon a motor vehicle, other than

headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency warning lamps and

school bus warning lamps, which projects a beam of light of an intensity greater than three hundred

candle power must be so directed that no part of the high-intensity portion of the beam will strike

the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet

from the vehicle.

(b)

No person may drive or move any vehicle or equipment upon any roadway with

any lamp or device thereon displaying a blue, red or green light visible from directly in front of

the center thereof. This Section does not apply to any vehicle upon which a red light visible from

the front is expressly authorized or required by this Chapter.

(c)

Flashing lights are prohibited except on an authorized emergency vehicle, school

bus, debris-removing equipment or on any vehicle as a means of indicating a right or left turn, or

the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or

passing.

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Sec. 1124.

(a)

Brake Equipment Required.

Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated

upon a roadway must be equipped with brakes adequate to control the movement of and to stop

and hold such vehicle, including two separate means of applying the brakes, each of which means

must be effective to apply the brakes to at least two wheels. If these two separate means of applying

the brakes are connected in any way, they must be so constructed that failure of any one part of

the operating mechanism does not leave the motor vehicle without brakes on at least two wheels.

(b)

Every farm tractor, motorcycle, and motor-driven cycle, when operated within this

jurisdiction, must be equipped with at least one brake, which may be operated by hand or foot.

(c)

Every trailer or semi-trailer when operated upon a roadway at a speed in excess of

fifteen miles per hour must be equipped with safety chains or brakes adequate to control the

movement of and to stop and to hold such vehicle and so designed as to be applied by the driver

of the towing motor vehicle and so designed and connected that in case of an accidental breakaway

of the towed vehicle the brakes shall be automatically applied.

(d)

One of the means of brake operation must be parking brakes adequate to hold the

vehicle on any grade on which it is operated, under all conditions of loading on a dry surface or

loose material. The parking brakes must be capable of being applied in conformance with the

foregoing requirements by the driver's muscular effort or by spring action or by equivalent means.

Their operation may be assisted by the service brakes or other source of power provided that failure

of the brake actuation system or other power assisting mechanism will not prevent the parking

brakes from being applied in conformance with the foregoing requirements. The parking brakes

must be so designed that when once applied they remain applied with the required effectiveness

despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake

shoes and lining assemblies, brake shoe anchors, and mechanical brake assemblies may be used

for both the service brakes and parking brakes.

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Sec. 1125.

Maintenance of Brakes.

All brakes must be maintained in good working order and must be so adjusted as to operate

as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Sec. 1126.

(a)

Horn and Warning Device.

While being operated upon a roadway, every motor vehicle must be equipped with

a horn in good working order and capable of emitting sound audible under normal conditions from

a distance of not less than two hundred feet, but no horn or other warning device may emit an

unreasonable loud or harsh sound or whistle.

Whenever reasonably necessary for safe operation, the driver of a motor vehicle upon a

roadway shall give audible warning with his or her horn, but may not otherwise use his or her horn

while upon a roadway.

(b)

No vehicle may be equipped with nor may any person use upon any vehicle any

siren, bell, or whistle, except as permitted in this Chapter.

(c)

Any vehicle may be equipped with a theft alarm signal device which is so arranged

that it cannot be used by the driver as an ordinary warning signal.

(d)

Any authorized emergency vehicle may be equipped with a siren, whistle, or bell,

capable of emitting sound audible under normal conditions from a distance of not less than five

hundred feet and of a type approved by the chief of police, but the siren may not be used except

when the vehicle is operated in response to an emergency call or in the immediate pursuit of an

actual or suspected violator of the law, in which events the driver of the vehicle shall sound the

siren when reasonable necessary to warn pedestrians and other drivers of approaching vehicles.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1127.

(a)

Muffler Prevention of Noise and Smoke.

Every motor vehicle must at all times be equipped with a muffler in good working

order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no

person may use a muffler cutout, bypass, or similar device upon a motor vehicle within this

jurisdiction.

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(b)

The engine and power mechanism of every motor vehicle must be so equipped and

adjusted as to prevent escape of excessive fumes or smoke.

Sec. 1128.

Mirror.

On and after January 1, 1964, every motor vehicle, operated singly or when towing any

other vehicle, must be equipped with a mirror so located as to reflect to the driver a view of the

roadway for a distance of at least two hundred feet to the rear of such motor vehicles.

Sec. 1129.

Windshield Must be Unobstructed and Equipped with Wipers; Tinted

Windows.

(a)

Every motor vehicle must be equipped with a windshield. No person may drive any

motor vehicle with any sign, poster, or other non-transparent material upon the front windshield,

side wings, or side or rear windows, which obstructs the driver's clear view of the roadway or any

intersection roadway. This Section does not apply to those vehicles which obviously are not

required to have windshields or windows including: motorcycles, motor-driven cycles and golf

carts.

(b)

The windshield on every motor vehicle must be equipped with a device for clearing

rain, or other moisture from the windshield, which must be so constructed as to be controlled or

operated by the driver of the vehicle.

(c)

Every windshield wiper upon a motor vehicle must be maintained in good working

(d)

A person may not operate a motor vehicle with any object or any material displayed,

order.

affixed, or applied on the front windshield or on any side window where the material alters the

color or reduces the light transmittance, or reduces the clear and obstructed view through the

windshield or window. This Section does not apply to windows behind the driver or to tinted

windows or windshields in compliance with the federal motor vehicle safety standards No. 205.

Sec. 1130.

(a)

Restriction on Tire Equipment.

Every solid rubber tire on a vehicle must have rubber on its entire traction surface

at least one inch thick above the edge of the flange of the entire periphery.

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(b)

No person may operate or move on any roadway any motor vehicle, trailer, or semi-

trailer having any metal tire in contact with the roadway surface.

Sec. 1131.

Restrictions to Tire Equipment.

No tire on a vehicle moved on a roadway may have on its periphery any block, stud, flange,

cleat, or spoke or any other protuberance of any material other than rubber which projects beyond

the trend of the traction surface of the tire, except that it is permissible to use farm machinery with

tires that have protuberances which will not injure the roadway surfaces.

Sec. 1132.

Safety Belts.

(a)

(1) Each driver of a passenger car, van, or truck having a gross weight of six

thousand pounds or less, commonly referred to as a pickup truck, in this state shall

have a safety belt properly fastened about his or her body at all times when the

vehicle is in forward motion. The provisions of this Section shall not apply to those

cars, vans, or pickups manufactured prior to January 1, 1981.

(2) A person operating or riding in an autocycle shall wear seatbelts while in

forward motion.

(b)

Except as otherwise provided by law, each front seat occupant, eighteen years of

age and above, of a passenger car, van, or truck having a gross weight of six thousand pounds or

less, commonly referred to as a pickup truck, shall have a safety belt properly fastened about his

or her body at all times when the vehicle is in forward motion, if a belt for his seating space has

been provided by the manufacturer.

(c)

Except as otherwise provided by law, each occupant under the age of eighteen years

of a passenger car, van, or truck having a gross weight of six thousand pounds or less, commonly

referred to as a pickup truck, shall have a safety belt properly fastened about his or her body at all

times when the vehicle is in forward motion, if a belt for his seating space has been provided by

the manufacturer.

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(d)

This Section shall not apply to a motor vehicle operated by a rural letter carrier of

the United States Postal Service while performing his or her duties as a rural letter carrier or to a

farm vehicle being operated within five miles of the place of its principal use.

(e)

This Section shall not apply to an occupant of a passenger car or operator with a

physically or mentally disabling condition whose physical or mental disability would prevent

appropriate restraint in the safety belt; however, the condition shall be duly certified by a physician

who shall state the nature of the handicap, as well as the reason such restraint is inappropriate.

(f)

Every owner shall maintain belts and assemblies required by this Section in proper

condition and in a manner that will enable occupants to use them.

(g)

A Halting Officer may stop a driver for the sole purpose of enforcing this Section.

PENALTY: Any person who commits a violation under this Section shall be fined

at least $50.00, but not more than $250.00, for each violation.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1133.

(a)

Child Restraint Devices - Penalty - Evidence.

Every operator of a motor vehicle who transports a child or children under the age

of five years in a motor vehicle which is equipped with safety belts at the time of manufacture or

assembly, or is currently equipped with safety belts, shall have the child properly secured in

accordance with the manufacturer's instructions in a child passenger restraint system which meets

the applicable federal motor vehicle safety standards in effect on the effective date of this Section,

except as provided in (C), (D), and (E).

(b)

The term "motor vehicle" as used in this Section, shall not mean the following:

bicycle, farm tractor; motorcycle; or motor-driven cycle; truck of manufacturer's rating carrying

capacity of over 2000 pounds; ambulance or other emergency vehicle; school bus; church bus;

private bust, or recreational vehicle which has a passenger capacity of over ten persons; or

commercial truck, van, or taxi.

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(c)

If such child is three to five years of age, securing the child in a lap belt or safety

belt in a rear seat shall be sufficient to meet the requirements of this Section. If there are no rear

seats, a child passenger restraint system shall be used.

(d)

When the number of children under the age of five in the motor vehicle exceeds the

number of child passenger restraint systems and seat belts available in the motor vehicle, the

unrestrained children shall be seated in a rear seat.

(e)

The provisions of this Section shall not apply when one of the following conditions

exists:

(1) The motor vehicle is being used as an ambulance or other emergency vehicle.

(2) An emergency exists which threatens the life of any person operating a motor

vehicle to whom this Section otherwise would apply or the life of any child who

otherwise would be required to be restrained under this Section.

(3) Any child who would otherwise be required to be restrained under this Section

who is physically unable because of medical reasons to use a child passenger safety

system or safety belt.

(f)

Violation of this Section is not, in itself, evidence of negligence. The fact of a

violation of this Section is not admissible in any proceeding other than one charging the violation.

(g)

A Halting Officer may stop a driver for the sole purpose of enforcing this Section.

PENALTY: Any person who commits a violation under this Section shall be fined

at least $50.00, but not more than $250.00, for each violation.

(Revised by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1134.

Unattended Children.

It is unlawful for any driver or operator to leave a child or children under the age of ten

(10) years unattended and unsupervised in a motor vehicle.

(a)

As used in this Section, “unattended” means a child who has been left in a motor

vehicle when the driver or operator of the vehicle is more than ten feet from the vehicle and unable

to continuously account for the child’s safety.

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(b)

As used in this Section, “unsupervised” means an unattended child when a person

ten (10) years of age or older is not physically present in the motor vehicle.

(c)

A law enforcement officer who observes a child left unattended and unsupervised

for a period in excess of ten minutes in violation of the provisions of this Section shall use

whatever means are reasonably necessary to protect the child and remove the child from the motor

vehicle.

(d)

If a child is removed from the immediate area by a law enforcement officer under

this Section, the law enforcement officer shall place notification on the motor vehicle. The law

enforcement officer shall hold the child until the parent or guardian returns.

(e)

Any law enforcement officer acting in good faith under this Section shall have

immunity from any civil liability that otherwise might have occurred or been imposed.

PENALTY: Any person convicted for violating any part of this Section, shall be fined

an amount not to exceed $50.00.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

Sec. 1135.

Guidelines for Seat Belt, Motor Vehicle Inspection, and Motor Vehicle

Liability Security Checkpoints; Law Enforcement Agencies.

All Chitimacha Tribal Police Department shall establish guidelines for the operation of seat

belt checkpoints, motor vehicle inspection checkpoints, or proof of compulsory motor vehicle

liability insurance security checkpoints. Such guidelines shall include but not be limited to the

following provisions:

(a)

The location, time, and duration for seat belt, motor vehicle inspection, or

compulsory motor vehicle liability security checkpoints shall be established in written form by

supervisory or other administrative personnel of the law enforcement agency rather than the

field officers implementing the checkpoint.

(b)

For purposes of motor vehicle inspections, the location of the checkpoint shall not

be less than five hundred feet from an intersection between a state highway.

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(c)

Provision for advanced warning to the approaching motorists with signs, flares, and

other indications to warn motorists of an impending stop and to provide indication of its official

nature as a police checkpoint.

(d)

Provisions to ensure detention of motorists for a minimal length of time.

(e)

The use of systematic, nonrandom criteria for stopping motorists.

(f)

Provisions prohibiting the establishment of checkpoints where the only vehicles

subject to or targeted for inspection are motorcycles as defined in Sec. 101(n) of this title.

(Added by Ordinance #10-18; Adopted: October 17, 2018; Effective: October 17, 2018)

CHAPTER 12.

EXPLOSIVE AND HAZARDOUS MATERIALS; OTHER SAFETY

CONSIDERATIONS.

Sec. 1201.

Vehicle Transporting Explosives or Hazardous Material.

Any person operating any vehicle transporting any explosive or hazardous material as a

cargo or part of a cargo in this jurisdiction must:

(a)

Obtain permission to do so from the Tribal Council and defining the cargo and

purpose of transporting in this jurisdiction; and,

(b)

Must be in compliance with the current hazardous material regulations of the

United States Department of Transportation and the regulations of the State of Louisiana.

Sec. 1202.

Vehicle to be Constructed to Prevent Shifting or Leaking Loads.

No vehicle may be driven or moved in this jurisdiction unless it is so constructed or loaded

as to prevent its contents from dropping, shifting, leaking, or otherwise escaping therefrom, except

that sand may be dropped for the purpose of securing traction, or water or other substance may be

sprinkled upon the roadway in cleaning and maintaining the roadway.

No person may operate on any roadway any vehicle with any load unless the load and any

covering or load from becoming loose, detached, or in any manner a hazard to other users of the

roadway.

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Sec. 1203.

Drawbar or Connection Between Vehicles.

The drawbar or other connection between two vehicles, one of which is towing or drawing

the other on a roadway, must be of such design, strength and construction so as to prevent

unintentional uncoupling of the vehicles.

Sec. 1204.

(a)

Air Conditioning Equipment.

The term "air conditioning equipment" as used or referred to in this Section,

means mechanical vapor compression refrigeration equipment which is used to cool the driver's or

passengers compartment of any motor vehicle.

(b)

Air conditioning equipment must be manufactured, installed, and maintained with

due regard for the safety of the occupants of the vehicle and the public and may not contain any

refrigerant which is toxic to persons or which is flammable.

(c)

No person may operate on any roadway any motor vehicle equipped with any air

conditioning equipment unless the equipment complies with the requirements of this Section.

Sec. 1205.

Modification of Motor Vehicle.

Except as otherwise provided in this Section, a person may not operate upon a roadway a

motor vehicle of a type required to be registered under the laws of this state with a weight of seven

thousand pounds or less with alteration or changes from the manufacturer's original design of the

suspension, steering, or braking system of the motor vehicle. The weight must be computed on the

bases of the unmodified and unloaded weight of the motor vehicle, and without regard to any

ballast that may be placed in the vehicle as to bumpers, motor vehicle height, and permitted

modifications, the following requirements also apply:

(a)

The motor vehicle must be equipped with front and rea

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CHITIMACHA TRIBE OF LOUISIANA | Frix