# CHITIMACHA TRIBE OF LOUISIANA

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3Ad12163e60243e70f

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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)

Chitimacha Comprehensive Codes of Justice
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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Title VII
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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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Title VII
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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 equi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3Ad12163e60243e70f. Public record. Not legal advice.