OMAHA TRIBAL CODE (2013)

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CHAPTER 1.

CHAPTER 3.

OMAHA TRIBAL CODE (2013)

TITLE 10. TRAFFIC CONTROL

Table of Contents

GENERAL PROVISIONS: oo. ccccccccecesseceseneeaeeeesceecneeesesessesacsesaecensecsesecescesecscavescevevaveasaruevavsvnevanevacs 1

SECTION 10-1-1. Citation, Application and Purpose. ..0.0.....cccecccccesccsssesessessseeseeesenssceseccecsscneseaciseccsaserseeeseseas 1

SECTION 10-1-2. Repeal of Prior Inconsistent Ordinances and Resolutions. ........000.cccccceccescseeseseeeeseeeeseeees |

SECTION 10-1-3. Statute of Limitations. .0....0.c.cccccccccsccssscsssesscesecsesesessensaeseeeeesesvacsceeseusvecasaceciusesverereeauvanecs |

SECTION 10-1-4. Enforcement......00..cccccesseereteees

SECTION 10-1-5. Definitions. .........09 Se

CHAPTER 2. ENFORCEMENT PROVISIONS ..:

SECTION 10-5-5.

SECTION 10-5-6.

SECTION 10-5-7.

SECTION 10-5-8.

SECTION 10-5-9.

- Stopping and Parking.

Careless Driving. .2....0 cscs: saeabeneebsesstbeeceesess

SECTION 10-2-1. Arresting: Procedures. 0.0.00... ccecececsescccscssectecssscsenserseseststeesitee peegesseceeeecaceseaeeeteeteauieteuteatenes 2

SECTION 10-2-2. Uniform Traffic Complaint and Summons. ......00..0.0000008 seosuetshbyseecsecseeterenseesesesesteeeseenees 3

SECTION 10-2-3. Enforcement Officers to Investigate-Accidentsy .........e ee edtdesite de cecceseeeceecevaeeeeeeeeenenees 3

SECTION 10-2-4. Authority of Officer at Scene of Accident. ....02..0.c.cc00iliecssessssessessvsseripeesitbecscssresvesererecaeaneece

SECTION 10-2-5. Fleeing or Attempting to Flee a Police Officer. 00...

VEHICULAR SAFETY PROVISIONS. .......cccccccescssssetelesssateesesseessesseeteess vecdeeseacerens

SECTION 10-3-1. Safety Inspection Stickers.........-ccsccecsscsssssesssesssessescessdgessessesestbtsvelestessnenees

SECTION 10-3-2. Unsafe Vehicles... ccc eee cesscssettbeeassssesessncsneesessneereseeen teases wrcaecsuntenegenbeceenecens

SECTION 10-3-3. Mufflers, Prevention of Noise. .....0...ccccccccccecsecsliivieesecvscssebesesssssescssteeagedhscsvecescsbbuvheeseesees 4

SECTION 10-3-4. License or Registration Tag Required. 0c. ee Lyadebeegeceasenseseteenesvees 4

SECTION. 10-3-5. Head Lamps.on Motorcycle...) eee dhseeseescaececsdbaececceseeiavesseceseacegbuaeesaeesasas oa 4

SECTION 10-3-6.. .Lamp or Flag on Projecting Load. ........ scerbegeavurees cle eteseaccecdaeseceseaeecseeneestbsesdbleccenencavtvanteness 4

SECTION 10-3-7. Motor Vehicle Safety Restraint 22.0000 eebeveececetdaesenes lebuenseeetSiavEEE oe eeeenee eevee 5

CHAPTER 42 PROVISIONS REGULATING TRAFFIC FLOW. ciccceccesccecccccceecscsttarecucsscececessesisegeegacesssesetesiesne 5

SECTION 10-4-1. Traffic Control and Signal Devices. «sesso ee ee eveeetegdiebdvereseeeetéanesed

SECTION 10-4-2. Following too ClOSeLY....c::.ccecssssescssessesesensesssssesssesenees teessessesscsadteersensesesseeelbHipbeseuseseanbeaiyD

- SECTION 10-4-3. School Buses; Stopping for and Rules Governing. ......00....0.000 pevterertenenee pescetassesetsesunees 6

SECTION 10-4-4. . Failure to Yield Right-Of-Way...ciicsc.c-.sccccssetsetsecrccotssbtesessssaeeseneereene. ened ceaeesettisls 6

“- SECTION 10-4-5. = Failure to Stop at Stop Sign ‘and Yielding Right-of- WAY. ecccccscecsessessensesesseetes poetecereesteene ee

-- SECTION 10-4-6. -Driving on Right Side of he) a aan nar 0

SECTION 10-4-7. - Passing On-Coming Vehicles. 32sec. cee. ces ola ebecsevcevecesebapesecbdev ase cevarensereesenenegebaad 7

_ SECTION 10-4-8. Overtaking and Passing a Vehicle on. the Left ;

SECTION 10-4-9.) Passing and Turning on Curve Or- Crest. c...ccccccccscsesescs ec ecccecesgececcathecsscececccacesectacesesensivene 7

SECTION 10-4-10. Speed Limits. 0.00.0 beeen wes cGe unas escsccnecnevadbeaveccasenevaeeaseseeaeeneeseeseuansageees 7

SECTION 10-4-11. When Lights are Required to be On. ........ eeeeinees L scaecacsensdenecscovencteenaggertececseeneenenblgedeeces 8

SECTION 104-12. Cruising. 2.0... ecccescceieessesssensecdesstacceeenesscecseseescaeataneabecsesesuvuceesecececaesenugcipeceseceesenitugnegeesees 8

CHAPTER 5. MISCELLANEOUS.DRIVING PROVISIONS...... age seeeeveeest putveusdivereescceneeeeseees stibagereseeseseedite foesvieeeeeeee

SECTION 10-5-1. Duty to Give Information and Render Aid. sevevastaggghiterseneverseeacageee we

SECTION. 10-5-2. « Drivers License Required. .......cccccccssecsssssesttbeee cececssseceecessssceceesstibeceseseeceesties idbescceeeenes 9

SECTION 10-5-3. «Driving Under Suspension Or REVOCAtION. ooo. ec eee eect eeeeeeeel ue eeeeeecneeeeeeees 9

SECTION 10-5-4. Permitting Unauthorized Person to Drive. .......ccccccsscssseessssessescescseeseeeeees EL

Authorization to Move Illegally P: Parked and Abandoned Vehicles.

Reckless Driving.............. sescesscacsuesecsaesecscesessssengatadAGGliblvcsccssensscsseescseasseeseesseeeseeeees

Driving Under the-Influence of Intoxicating Liquor. VOLE Eo cenceneeenenseneeneeeseereteteeeasenteeseteres

SECTION 10-5-10. Driving While Intoxicated. ::

Adoption of Nebraska Tr atfic Rules and Regulations. eecceececeneeneevceeseeeatenecaeceeecateeeseeaeees

SECTION 10-5-11.

CHAPTER 6. PROVISIONS RELATING TO PEDESTRIANS. ..0......cccccccccsesseesssssesssseeeseseseseeesseaseeesesenesanercseaeaees

SECTION 10-6-1. Pedestrians Right-of-Way at Crosswalk. ........0ccccccccsssscsssssesesseseseseesessseseseseseseeeseesnesessens 11

SECTION 10-6-2. Pedestrians on Roadways. ......c.cccccccsececesescecsssseseseseneesesesesesesacseasaesseacasaceeceqieseearseseaseeeteeses 11

SECTION 10-6-3. Crossing at Other Than Crosswalk. .........ceccccscccceseseesseseeseseceeeesescacseesecerssetssaeasessenteneacans 1]

SECTION 10-6-4. Pedestrians Obedience to Regulations. ........cc.ccccccecscsseseseseseeseeeevecseseeeeseseneiesseseseaeaeseseneaes 12

SECTION 10-6-5. Soliciting Rides... cece enecceeecesesceceeeseseceseueeacseneseecatecerseneceeevsuaeneseeesettenersneneseaeots 12

SECTION 10-6-6. Traffic Laws Apply to Persons Riding Bicycles or Animals or Driving Animal Drawn

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TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

TITLE 10. TRAFFIC CONTROL

Source: Omaha Tribal Council Resolution No. 85-67 (12-30-85).

CHAPTER 1. GENERAL PROVISIONS:

SECTION 10-1-1. Citation, Application and Purpose.

(a) This Title shall be known and may be cited as the Omaha Tribe Traffic Code.

(b) The Omaha Tribe Traffic Code shall apply to all Indians as defined in Section 1-8-8, Omaha

Tribal Code.

extent necessary to validate brief, custodial; detentions of non-Indians who engage in conduct of violation

of this code and/or of any applicable State of Federal law, causing a risk of harm to Indians or Indian

property within this jurisdiction, and which detentions shall be for the purpose of transporting said non-

Indian offenders off the reservation or to appropriate State or Federal authorities for prosecution, as the

case may be.

(d) The purpose of this Omaha Traffic Code is to provide a comprehensive system for the safe and

orderly flow of traffic upon the roadways of this jurisdiction.

SECTION 10-1-2. Repeal of Prior Inconsistent Ordinances and Resolutions.

Any and all prior ordinances or resolutions of the Tribal Council of the Omaha Tribe of Nebraska

which deal with subjects herein. or.are inconsistent with the provisions contained herein are hereby repealed

as of the effective date of this Omaha Traffic Code; save and except that offenses committed prior to the

effective date hereof shall be resolved pursuant to the provisions of 25 CFR, Part IL.1, et seq.

"SECTION 10-1-3. Statute of Limitations.

No prosecution shall be entertained under this Title unless the action shall have been commenced

within twelve (12) months after the commission of the offense.

SECTION 10-1-4. Enforcement.

(a) All prosecutions for violations of the provisions of this Title shall be in the name of the Omaha

Tribe and against the person charged with an offense, referred to as the defendant. Jurisdiction over

prosecution of Indian traffic offenders under this code is hereby vested exclusively in the Omaha Tribal

Court, the provisions of any assimilated State law to the contrary notwithstanding.

(b) Unless otherwise provided, the penalty for offenses under this Traffic Code shall be the same as

provided at Section 5-3-6, Omaha Tribal Code.

SECTION 10-1-5.. Definitions.

Terms used in this section and terms within any assimilated State law, unless the context plainly

requires otherwise, shall mean:

(a) Vehicle. Every devise in, upon or by which any person or property 1s or may be transported or

drawn upon a public highway excepting devises moved by human power or used exclusively upon

stationary rails or tracks; provided that for the purposes of this Title, a bicycle or a ridden animal shall be

deemed a vehicle.

(b) Motor Vehicle. Every vehicle that is self-propelled.

10-1-I(c), non-Indians may be considered "persons" under this Code. Non-Indians shall not be considered

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

persons under this Code for purposes of any criminal prosecution in the Omaha Tribal Courts, and non--

Indians shall not be subject to criminal prosecution in the Omaha Tribal Courts for violation of any

provision of the Omaha Traffic Code.

(d) Reservation. The Omaha Indian Reservation shall be taken to include all territory within the

jurisdiction of the Tribe as defined at Section 1-4-2 of this Code.

(e) Owners. Any person who holds the legal title of a vehicle or in the event a vehicle is the subject of

an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the

conditions stated in the agreement and with an immediate right of possession vested in the conditional

vender or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional

vender or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

() Highway or Public Road. Every way or place of whatever nature open to use of the public, as a

matter of right,-for the purpose of vehicular travel. The term "highway'' shall not be deemed to include a

roadway or driveway upon grounds owned by private persons or institutions, except that driveways and

roadways within Federal lands reserved for administrative purposes shall be deemed highways.

(g) Private Road or Driveway. Every road or driveway not open to.the use of the public for purposes

of vehicular travel. — a8

(h) Intersection. The area embraced within the S prolongation of the lateral curb lines, or, if none,

then the lateral boundary lines of two or more highways which join one another at an angle, whether or not

one such highway crosses the other, but such area, inthe case of the point where an alley and a street meet

within a city or town, shall not be deemed an intersection. |. :

(i). Right-of-Way. The privilege of the immediate use of the highway.

-(j). Business District or Area. The territory contiguous toa highway when fifly percent or more of the

frontage thereon for a distance of three hundred feet or more is occupied by buildings in use of business. or

by public or government of buildings including schools.

(k) Residential District or Area. The territory contiguous to a highway not comprising a business:

district when the frontage on such highways for a distance of three hundred (300) feet or more is mainly.

occupied by dwellings or by dwellings and buildings in use for business.

(1) School Zone. The territory contiguous to.a highway on which a school is located adjacent thereto

and within 1/8 of a mile in either direction therefrom. a

CHAPTER 2. ENFORCEMENT PROVISIONS

SECTION 10-2-1.. Arresting Procedures.

(a) When any person is found to be in violation of any of the provisions of this Traffic.Code for

which arrest would not normally be appropriate; thé officer citing such person for any violation shall take

the name and address of such person, the license number of the motor vehicle, and issue a summons

notifying the person cited to appear at.a time and place to be specified in such summons, according to

procedures outlined.in Section 10-2-2 pertaining to Uniform Traffic complaints and summons.

(b) When any person is cited for reckless driving, driving after revocation, or failure to stop for a

police vehicle, or offense of comparable seriousness, and the officer, acting within his discretion, deems it

inadvisable to release such person upon his promise to appear, the person may be taken into custody.

or death of any person or for driving while under the influence of intoxicating liquor or a narcotic drug or

for driving while intoxicated, the person shall not be entitled to release upon promise to appear and shall

instead be placed under arrest.

(d) Except as provided at Section 10-1-1 (c), any person arrested for violations undert this Code shall

be processed in the manner and entitled to the same rights under the Omaha Rules of Criminal Procedure as

are persons arrested for violations of the Criminal Code.

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

SECTION 10-2-2. Uniform Traffic Complaint and Summons.

(a) There is hereby established a uniform complaint and summons which may be used in cases

involving violations of statutes or ordinances relating lo the operation or use of motor vehicles.

(b) Every arrest ticket issued by an enforcement officer within this jurisdiction shall be issued on the

uniform arrest ticket consisting of an original and a carbon copy.

whom it is returnable to be retained in the court record and the number noted and entered in the court

docket.

(d) The carbon copy of the arrest ticket shall be turned in by the arresting officer and filed in the

individual case files.

SECTION 10-2-3. ° Enforcement Officers to Investigate Accidents.

Enforcement officers of this jurisdiction who, during their regular tour, of duty, investigate a motor

vehicle accident at the time of and at the scene of an accident or anytime thereafter, shall within twentyfour (24) hours afier completing such an investigation, forward a wrilten report of the accident to the

Captain of Police.

SECTION 10-2-4. Authority of Officer at Scene of Accident.

Except for felonies and offenses enumerated in this Code pertaining to arrests of motor vehicle

violations, a police officer at the scene of a traffic accident may issue a written traffic summons or

complaint, as provided in Section 0-2-2, to any Indian driver of a vehicle involved in the accident, when,

based upon his own personal investigation, the officer has reasonable and probable grounds to believe that

the person has committed an offense contained in this traffic code. Non-I ndians shall, where the situation

warrants, be handled as provided in Section 10-1-I(c).

- SECTION 10-2-5. Fleeing or Attempting to Flee a Police Officer.

. Any person driving a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who

otherwise flees or attempts to elude a pursuing officer's vehicle, when given visual or audible signal, by

hand, voice, emergency light or siren, shall be deemed guilty of an offense, under this section. Violations of

this section are Class C offenses.

CHAPTER 3. VEHICULAR SAFETY PROVISIONS.

SECTION 10-3-1. Safety Inspection Stickers,

(a) All motor vehicles that are operated upon a public road of this jurisdiction must have displayed a

valid safety inspection sticker from the state of registration of the vehicle, if such stale requires a safety

inspection sticker.

(b) Any person who fails to comply with the above provision shall be deemed guilty of an offense

and upon conviction thereof shall be subject to a fine of $20.00; provided, however, that if, within seven (7)

days immediately following citation the accused shall secure the requisite inspection sticker such sentence

shall be suspended.

SECTION 10-3-2. Unsafe Vehicles.

(a) A person shall be deemed guilty of an offense under this section 1f he drives or causes or permits

any motor vehicle to be driven on any public road of this jurisdiction knowing said vehicle to be in such

unsafe condition so as to endanger any person or knowing or having reason to know said vehicle 1s not

equipped with the following:

(1) Headlights. One on each side of the front of the motor vehicle, said lights to be multibeam so

that the driver can adjust lights from bright to dim, and such lights must be in proper working order at

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

all times so as to be seen by on-coming traffic for a reasonable distance during hours of darkness or

other times when light conditions required the use of headlights.

(2) Rear Lamps. Not less than one lighted red lamp on the back of the motor vehicle that will be

plainly visible for a reasonable distance to the rear, and such lamp must be in proper working order at

all times.

(3) Stop Lights. All motor vehicles shall be equipped with a stop light in good working order at all

times, such stop lights to be automatically controlled by application of the brakes.

(4) Brakes. Every motorvehicle shall be equipped with brakes adequate to control the movement

of and to stop and hold such vehicle. ee

(5) Handbrakes. Every motor vehicle shall be equipped. with a handbrake:

(6) Hom. Every motor vehicle shall be equipped with a horn in good working order.

(7) Windows Unobstructed - Wipers. No person shall drive any motor vehicle with any sign or

other non-transparent material upon the windshield, side wings, side or rear windows of such vehicle

that would obstruct the driver's view, other than a paper certificate required to-be displayed by law.

_ The windshield on every motor vehicle shall be equipped with a devise.for cleaning rain, snow, or

other obstructions from the windshield and must be in proper working order at all times. :

(b) Any person failing to have all of the above equipment on and in operating order.on:a motor

__ vehicle being operated on any public road of this jurisdiction shall be deemed guilty of an offense and upon

conviction thereof shall be subject to a fine of $25.00; provided, however, that if, within seven (7) days.

immediately following citation for a violation of this section, the accused should cause to be-fixed or

affixed m proper working order the requisite equipment then payment of such fine shall be suspended.

SECTION 10-3-3. Mufflers, Prevention of Noise.

Every motor vehicle shall at all times be equipped with a muffler in good working order and-in

constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a

muffler cutout, bypass or similar devise upon a motor vehicle while driving on a roadway.

SECTION.10-3-4. License or Registration Tag Required.

Any person who drives a motor vehicle on any roadway within this jurisdiction who fails to display a

license or registration tag valid under the laws of the issuing jurisdiction shall be deemed guilty of a Class

C offense under this section. , eo es

SECTION 10-3-5. Head Lampson Motorcycle.

Every motorcycle shall be equipped with at least one (1).and not more than two (2) headdamps which

shall be so.aimed and of such intensity as to reveal persons and vehicles at a distance of 350 feet for high

intensity (brights) and lower intensity (dims) to reveal persons and vehicles at least 100 feet ahead. The

high intensity portion of the beam shall not be directed to strike the eyes of any approaching driver.

Violations of this section shall constitutea Class C offense, :

SECTION 10-3-6. Lamp or Flag on Projecting Load.

(a) Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body

of such vehicle, there shall be displayed at the extreme rear of the load a red light or lantern plainly visible

for a distance of at least 500 feet to the sides and to the rear during hours of darkness.

(b) In lieu of the red light or lantern during daytime hours only a red flag or cloth not less than sixteen

(16) inches square may be displayed at the extreme rear of the load.

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

SECTION 10-3-7. Motor Vehicle Safety Restraint

(a) All persons who are subject to this code shall while being inside or on any motor vehicle

that has four or more wheels or is towed by such a vehicle shall properly wear such safety

restraint as may be installed in the motor vehicle.

(b) No person may be inside or on any motor vehicle that has four or more wheels or is

towed by such a vehicle in such area where no safety restraint is installed, except in the rear scat

of a vehicle manufactured before 1974 that was not manufactured with rear safcty restraints.

motor vehicle that has four or more wheels or is towed by such a vehicle wear such safety

restraint as may be installed in the motor vehicle, the exception detailed in section (2) above shall

not apply.

(d). All persons subject to this code who have not attained either six (6) years of age or fortyfive pounds (45 Ibs.) shall be properly secured in an U.S. Department of Transportation (D.O.T.)

approved child safety restraint system.

(ce) Infractions of subsections (a) and (b) shall be secondary offenses and shall not constitute

probable cause for a motor vehicle traffic stop.

(f) Infractions of subsections (c) and (d) shall be primary offenses and shall constitute

probable cause for a motor vehicle traffic stop.

(g) Each infraction of subsection (a) or (b) above shall be asscssed to the person operating

the motor vehicle with a maximum penalty of $25 and court costs and is a waiverable offense.

(h) Each infraction of subsection (c) shall be assessed to the person operating the motor

vehicle with a maximum penalty of $75 and cost and is not a waiverable offense.

) (i) Each infraction of subsection (d) shall be assessed to the person operating the motor ae

vehicle and shall be a Class C offense and shall not be a waiverable offense. Subsequent

violations of subsection (d) with reference to an individual minor child may sustain a charge of

Endangering the Welfare of a Child and may be submitted as a pattern offense.

CHAPTER 4. PROVISIONS REGULATING TRAFFIC FLOW.

SECTION 10-4-1. Traffic Control and Signal Devices.

(a) Any person driving a motor vehicle upon any public road of this jurisdiction shall not turn such

vehicle from a direct course until such movement can be made with safety and then only after giving an

appropriate signal, either by hand and arm or by a directional signal device.

(b) The signals required shall be given either by means of the hand and arm or by a recognized signal

lamp device. When signals are given by hand and arm, they shall be given from the left side of the vehicle

and such signals shall be indicated as follows:

(1) Lefi turn, lefi hand and arm extended horizontally.

(2) Right turn, left hand and arm extended upward.

(3) Stop or decrease speed, left hand downward and arm extended

turning, changing lanes, passing or stopping.

SECTION 10-4-2. Following too Closely.

The driver of a motor vehicle shall not follow another vehicle more closely than a reasonable and

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

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

highway. Violation of this section shall be a Class C offense.

SECTION 10-4-3. School Buses; Stopping for and Rules Governing.

(a) The driver of a motor vehicle, when meeting or overtaking from either direction any school bus

which has stopped for the purpose of receiving or discharging passengers, shall stop immediately and shall

not again proceed by the school bus until all passengers are received and discharged and the bus is again in

motion.

(b) No driver shall drive:a bus ata ahead greater than 45 miles per hour while transporting school

children on the roadways within this jurisdiction. 7

100 feet before said stop,.place on the red ashing lights and place the stop sign in the appropriate position

for a stop.

@- Violation of any of the above subsections shall c constitute a Class C offense.

SECTION 10-4-4. Failure to Yield Right-of-Way.

(a) .The driver of a vehicle approaching an intersection shall yield the right-of-way toa vehicle which

has entered the intersection from different toadways.

(b) When two vehicles enter an intersection from different roadways at the same time, the driver of

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

(c). The driver of a vehicle. within an intersection intending to turn left shall yield the right-of-way to

any vehicle approaching from the opposite direction which is within the intersection or so close thereto as.

to constitute an immediate hazard.

«(d) The driver of a vehicle having so yielded and having ¢ given a signal when and as required by this

act, may make such left turn and the drivers of all other vehicles approaching the intersection from said.

opposite direction shall yield the rightof-way to all vehicl es approaching to make the left turn.

(e) The driver of a vehicle about to enter or cross a roadway, a private road or driveway shall yield

~ the right-of-way to-all vehicles approaching on‘said toadway.. : :

(f) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving :

audible sigrial by siren, exhaust whistle or bell, the driver of very other vehicle shall yield the right-of-way

and shall immediately drive to a position parallel to, and as close as possible to the right hand edge or curb

of the roadway, clear any intersection and shall stop and remain in such position until the authorized

emergency vehicle has passed, except when otherwise directed by a police officer. This section shall not

relieve the driver of an authorized emergency vehicle from the duty to drive with due regard, for the safety

of all persons using the roadways. =:

SECTION 10-4-5. Failure to Stop at Stop Sign and Yielding Right-of-Way.

(a) The driver of a motor vehicle shall come toa complete stop at all inteisections marked by a stop

sign before entering an. intersection, unless otherwise directed by an officer directing traffic.

(b) The driver ofa motor vehicle ‘approaching an intersection marked by a sign requiring him to yield

the right-of-way shall decrease the speed of such vehicle and shall yield the right-of-way to any traffic

proceeding on the road given the right-of-way sign.

SECTION 10-4-6. Driving on Right Side of Roadway.

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right side of the road,

except as follows:

TITLE 10. TRAFFIC CONTROL

OMAHA TRIBAL CODE (2013)

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules

governing such movement.

(2) When the right half of a roadway is closed to traffic while under construction or repair.

(3) Upon a roadway divided into three marked lanes for traffic under the rule applicable thereon,

(4) Upon a roadway designated and sign-posted for one-way traffic.

SECTION 10-4-7. Passing On-Coming Vehicles.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon

roadways having width for not more than one line of traffic and in each direction each driver shall give to

the other at least one-half (1/2) of their traveled portion of the roadways or as nearly as possible. Violation

of this section shall be a Class C offense.

SECTION 10-4-8. Overtaking and Passing a Vehicle on the Left.

(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to

the lefi thereof al a safe speed and distance and shall not again drive to the right side of the roadway until

he has safely cleared the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted, the driver of the overtaken vehicle,

on audible signal shall not increase the speed of his vehicle until completely passed by the overtaking

vehicle.

left side of the roadway under the following conditions.

~~ (1) When approaching the crest of a grade or upon a curve in the highway. where the drivers view

along the highway is obstructed. -

(2) When approaching within 100 feet of any bridge or viaduct

(3) Unless the driver can see the road for a sufficient distance. ahead to pass safely and such

passing can be accomplished safely without colliding with on-coming traffic.

(d) Violation of any of the provisions above shall be a Class C offense.

SECTION 10-4-9. Passing and Turning on Curve or Crest.

(a) No motor vehicle shall be driven so as to pass or turn in any direction on a curve or crest or on any

approach to a crest.unless such vehicle can pass or be turned safely and seen by traffic approaching in

either direction.

(b) Violation of this section shall be a Class C offense.

SECTION 10-4-10. Speed Limits.

(a) No person shall drive a motor vehicle at a speed greater than is reasonable and prudent under the

conditions, having regard to the actual and potential hazards then existing. Consistent with the foregoing,

every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or

railroad grade crossing, or winding roadway, and when special hazards exist with respect to pedestrians or

to other traffic or by reason of weather or roadway conditions.

(b) Unless otherwise designated by posted speed limits and subject to the provisions of subsection (1)

above, no person shall drive a motor vehicle at a speed in excess of the following maximum limits upon the

roadways of this jurisdiction:

(1) 25 miles per hour in residential areas.

(2) 25 miles per hour in a school zone.

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OMAHA TRIBAL CODE (2013)

(3) 25 miles per hour in business areas.

(4) 55 miles per hour in other locations.

Provided that for residential areas, school zones or business areas, wherein the roadway in question

terminated in a dead end at a distance not exceeding 1/2 mile from its point of entrance onto the said dead

end roadway, the speed limit shall be fifteen (15) miles per hour.

ordinance, establish speed limits or roadway warning signs to the contrary, speed limits posted under state

laws shall hereafter likewise govern the speeds of motorists subject to this Tribal jurisdiction; provided,

however, that the exclusive enforcement of Indian offenders under Tribal law shall be by the Omaha Tribal

Courts.

Gg) (dad Violation of-any of “the speed laws of this jurisdiction shall constitute a Class C offense.

SECTION: 10-4-11. When Lights are Required to be On.

(a) Every vehicle upon a public roadway at any. time from a half hour after sunset to a half hour

before sunrise or at any other time when objects on the road cannot be seen clearly ata distance of five

hundred feet because of light conditions, shall display lighted lamps.on the vehicles. .

: (b) Every vehicle stopped or parked on the side of any road or highway during the hours set forth

~ above in such a manner as to pose a potential hazard to vehicles traveling the roadway shall be visibly

marked by flares, lamps, or fuses so as to provide a visible warning to on- coming vehicles:

(c).. Violation on any of. the above provisions isa Class, C offense,

SECTION 10-4- 12. Cruising.

Source: Omaha Tribal Council Ordinance No. 08- 56 o 2- 08).

@ Definitions,

(k)* (1) Cruising shall mean. n the operation ofa motor vehicle past a traffic control point

three times within a two-hour period, from 12: 00 a.m, to 6: 00 a.m. » Monday through Sunday, ina nocruising area.

() (2) -No-cruising area shall mean all streets within the Village of Macy, and all Tribal

Roads, or an area so designated by the Tribal Council by resolution, and posted to identify it as such.

(m).~ (3) Traffic-control point shall mean any point or poinits within ano- cruising area

established by Omaha Tribal.Law. Enforcement for the purpose of monitoring cruising.

(n) (6) Exceptions. This section shall not. apply.to:

(0)... (1) Taxicabs, buses, or other vehicles being d driven for business purposes unless the

intent is ‘Specifically for cruising. . oe

(p) Q). Authorized emergency vehicles as ‘defined i in the Omaha Tribal Code.

(q) (c) Designation of no-cruising areas; posting of signs.

(r) (1) The Tribal Council may designate: a no- cruising area if it finds that cruising in the

area contributes to traffic congestion, noise and pollution; obstructs streets, sidewalks or parking lots;

impedes access to and egress from stores or other buildings open to the public; or interferes with the

use of property or conduct of business in the area adjacent thereto.

(s) (2) At every point where a public street or alley becomes or provides ingress to a nocruising area, there shall be posted a sign which designates the area as a no-cruising area between the

hours of 12:00 a.m. and 6:00 a.m., Monday through Sunday.

(t)} (d) Cruising prohibited; Authorization to Stop Vehicles

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OMAHA TRIBAL CODE (2013)

(u) (1) No person shall drive or permit a motor vehicle under his care, custody and control

to be driven past a traffic-control point three times within a two-hour period, from 12:00 a.m. to 6:00

a.m., Monday through Sunday, in a posted no-cruising area.

(v) (2) No violation shall occur except upon the third passage by the same traffic-control

point within the aforementioned two-hour period.

(w) (3) In enforcing this or any other Omaha Tribal Traffic Ordinance, Omaha Tribal Law

Enforcement Officers are authorized to conduct routine stops of motor vehicles to check registration

and operators licenses.

(x) (e) Penalty.

(y) Violation of this Section shall be a Class C Offense.

CHAPTER 5. MISCELLANEOUS DRIVING PROVISIONS.

SECTION 10-5-1. Duty to Give Information and Render Aid.

(a) Any person who shall be the driver of any motor vehicle involved in an accident resulting in the

injury to or the death of any person or damage to any vehicle or to the personal property of another which

exceeds $50.00 shall:

(1) Give his name, address and registration number of the vehicles.

(2) Upon request show his drivers license or similar driving permit.

(3) Render to any person injured reasonable assistance including carrying or making arrangements

for carrying such person injured for medical treatment, if necessary, when requested by an injured

person.

nc) If an unattended. vehicle i is involved, locate and notify « owner or leave a written notice ina

conspicuous, place i in or on the vehicle struck, providing the n name and address of the driver inflicting

‘the damage.

(5) Notify the police of this jurisdiction.

(6) If personal property is damaged, the driver shall make reasonable effort to locate and notify the

owner of the properly damaged.

(b) Any person who shall fail to comply with the above section shall be deemed guilty of a Class C

offense.

SECTION 10-5-2. Drivers License Required.

(a) Any person who shall drive or operate a motor vehicle upon the public roadways of this

jurisdiction shall be required to have in his possession at all times when operating a motor vehicle, a

driver's license or similar permit valid under the display, same upon demand by a police officer or a judge

of the Omaha Court.

(b) Violation of this section is a Class C offense, however, no person charged with violating this

section shall be convicted if he produces in court a driver’s license heretofore issued to him which was

valid at the time of his arrest.

SECTION 10-5-3. Driving Under Suspension or Revocation.

Any person whose driver's license or driving privilege has been cancelled or revoked in this or any

other jurisdiction who drives any motor vehicle upon the roadways within the jurisdiction of the Omaha

Court while such license or privileges are cancelled, suspended, or revoked shall be deemed guilly of a

Class C offense under this section.

SECTION 10-5-4. Permitting Unauthorized Person to Drive.

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OMAHA TRIBAL CODE (2013)

It shall be a Class C offense to knowingly cause or permit any unauthorized person to operate a motor

vehicle upon any public road of this jurisdiction.

SECTION 10-5-5. Authorization to Move Illegally Parked and Abandoned Vehicles.

(a) Any police officer finding a vehicle standing upon a roadway in violation of the provisions of this

Code or in a location where it poses a potential hazard to vehicles traveling the roadways of this

jurisdiction is hereby authorized to move such vehicle or require the driver or other person in charge of the

vehicle to move same to a position off the roadway or to another place of safety. Moving of the vehicle will

be at the owner's expense, however; no vehicle will be moved beyond this Jurisdiction unless the owner so

desires.

(b) Any police officer finding a vehicle standing or abandoned adjacent to: a roadway in a location

where it does:not pose a potential hazard to vehicles traveling the roadways of this jurisdiction is hereby

authorized to move or have moved at the owner's expense, but not beyond this jurisdiction without the

owner's consent, any such. vehicle which has been unattended or abandoned for a period of not less than

eight (8) days. The costs of moving the vehicle shall be paid by the: owner thereof before release of the

vehicle. :

SECTION 10-5-6. Stopping and Parking.

(a) No person shall stop, park, or leave standing any motor vehicle, whether attended or unattended,

upon the “paved or improved or main-traveled part of any roadway within the jur isdiction of the Omaha

Court; when it is practical to stop and park or so leave the vehicle off. said roadways;

(b). This section shall not apply to the driver of any. motor vehicle which i is disabled while on the :

roadway to the extent that it is impossible to move. : ~ ae

SECTION 10-5-7. Careless Drivin

Any person who shall operate any motor Vehicle upon any ty public road i ina careless or impr udent

_ manner, without due regard of the width, grade, curves, corners, traffic, and the use being made of such

road or other attendant circumstances, shall deemed. guilty ofa Class C offense. This offense shall be a

_lesser included offense to the offense of reckless driving, - ae ~ se

SECTION 10-5-8. Reckless Driving.

Any person who shall drive any motor ‘vehicle upon any public 1 road i in such a manner as to irddicate

either a wanton or willful standard for the safety of persons or property, shall be deemed guilty of a ‘Class B

offense, and the court may suspend said driving privileges within the boundaries of the Omaha Reservation

for a period not to exceed six months. This offense shall.be.a lesser included offense to the offense of

driving while under the influence of intoxicating liquor.

SECTION 10- 5-9, Driving Under the Influence of Intoxicating Liquor.

(a) Itis unlawful for any person to drive or otherwise operate a vehicle within this jurisdiction while

under the influence of intoxicating Liquor. Se

(b) If, by chemical tests, ‘chemical analysis ofthe y person’ S . breaih, blood or urine, there is indicated a

presence of ten one-hundreths percent (.10%) or more, but less than fifteen one-hundreths percent (.15% by

weight of alcohol in the person's blood, such fact shall give rise to a presumption that the person was under

the influence of intoxicating liquor for the purposes of this section.

other competent evidence bearing upon the question whether or not the person was under the influence of

intoxicating liquor.

(d) Driving under the influence of intoxicating liquor is a Class B offense and shall be a lesser

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OMAHA TRIBAL CODE (2013)

including offense to the offense of driving while intoxicated. A second conviction under this section within

two years of the earlier conviction shall result in the suspension of driving privileges within this jurisdiction

for a period of one year.

SECTION 10-5-10. Driving While Intoxicated.

(a) It is unlawful for any person to drive or otherwise operate a vehicle within this jurisdiction while

intoxicated.

(b) If, by chemical tests, chemical analysis of the person's breath, blood, or urine, there is indicated a

presence of fifteen one-hundreths (.15%) or more by weight of alcohol in the person's blood, such fact shall

give rise to a presumption that the person was intoxicated for purposes of this section.

other competent evidence bearing upon the question whether or not the person was driving while

intoxicated.

(d)-. Persons driving while under the influence of any narcotic-drugs shall likewise be deemed guilty

under this section of driving while intoxicated.

(e) Driving while intoxicated is a Class B offense and in addition to other penalties which may be

imposed for such offenses, a conviction hereunder shall result in the suspension of driving privileges within

this jurisdiction for a period of one year.

SECTION 10-5-11. Adoption of Nebraska Traffic Rules and Regulations

(a) Section 39-601 et. seq. of the Nebraska Code Annotated as now existing or as may be hereinafter

amended, shall apply as the laws, rules and regulations of the Omaha Tribe of Nebraska, but only insofar as

they do not conflict with or overlap.any law, rules.or procedure established in this traffic code or elsewhere

in the Omaha Tribal Code, or where the Omaha Tribal Council shall, by resolution, specifically declare all

or some part of such Nebraska laws, rules and regulations inapp ble hereunder.

“(b) It shall be a Class C criminal offense for any. person to do any act forbidden tobe done ‘under uch

laws, rules or regulations, or to fail to do any act t required to be done under such laws, Tules and regulations.

CHAPTER 6. PROVISIONS RELATING TO PEDESTRIANS.

SECTION 10-6-1. Pedestrians Right-of-Way at Crosswalk.

(a) When traffic control signals are not in place or in operation, the driver of a vehicle shall yield the

right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway or

within any marked crosswalk or within any unmarked crosswalk at an intersection.

(b) Whenever any vehicle at a marked crosswalk or at any unmarked crosswalk or walk at an

intersection is stopped to permit pedestrians to cross the roadway, the driver of any vehicle approaching

from the rear shall not overtake and pass such stopped vehicle.

SECTION 10-6-2. Pedestrians on Roadways.

(a) Where sidewalks are provided, it shall be unlawful for any pedestrian lo walk along and upon

roadways.

(b) Where sidewalks are not provided, any pedestrian walking along and upon a roadway shall, when

practicable, walk on the left side of the road facing traffic.

SECTION 10-6-3. Crossing at Other Than Crosswalk.

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within

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OMAHA TRIBAL CODE (2013)

an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any

roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions

upon observing any child or any confused or incapacitated person upon a roadway.

SECTION 10-6-4. Pedestrians Obedience to Regulations.

A pedestrian shall obey the instructions of any official traffic control device specifically applicable to

him, unless otherwise instructed by a police officer. ,

SECTION 10-6-5. Soliciting Rides.

No person shall stand upon. the paved portion of a roadway for the’ purpose of soliciting a ride from the

driver of any private vehicle.

SECTION 10-6-6. Traffic Laws Apply to Persons Riding Bicycles or Animals or Driving Animal Drawn

Vehicles.. :

~~ Any. person riding a bicycle or r riding an animal or.riding.in any animal drawn vehicle upon a ‘a highway

shall be subject to the provisions of this act applicable to the driver of a motor vehicle, except those =

provisions of this act which by their very, nature can have no application. : :

TITLE 10. TRAFFIC CONTROL

SECTION

10-2-5

10-3-I(a)

10-3-2(a)

10-3-3

10-3-4

10-3-5

10:3-6

10-4-1(a)

10-4-2

10-4-3(a)

10-4-3(c)

10-4-3(b)

10-4-4

10-4-4(f)

OMAHA TRIBAL CODE (2013)

FINES FOR TRAFFIC OFFENSES

THAT CAN BE PAID WITHOUT GOING TO COURT

Fleeing or Attempting to Flee a Police Officer.

Must Appear in Court

Arrest Authorized. Must Appear im Court.

Failure to Display Valid Safety Sticker (of another state, where required).

$20.00

Unsafe Vehicle.

$25.00

Muffler Violation.

$15.00

Failure to Display License or Registration Tag.

10-3-4

Must Appear in Court.

Failure to Equip Motorcycle With Headlamp.

$25.00...

Failure to Use Lamp or Flag on Projecting Load.

$25.00

Failure to Give Tum Signal.

$15.00 os

Following Too Closely.

$25.00

Failure to Stop for School Bus.

Must Appear in Court.

Failure of School Bus Driver to Stop Properly.

$10.00

Speeding by School Bus Driver.

$50.00

Failure to Yield Right of Way.

$25.00 for all subsections, except (/)

Failure to Yield Right of Way to Emergency Vehicle.

$50.00

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OMAHA TRIBAL CODE (2013)

10-4-5(a) Failure to Stop at Stop Sign.

$25.00

10-4-5(b) Failure to Yield at Yield Sign.

$25.00

10-4-6 Failure to Drive on Right Side of Roadway.

$50.00

10-4-7 Failure to Give Other Driver V2 of Traveled. Portion

~~ of Roadway.

$25.00

10-4-8.0 : Improper Passing. Overtaking.and Passing a Vehicle on the Left.

~ $25.00

10-4-9 Passing on Curve or Crest.

- $25.00

10-4-10(a) Speed Greater than Reasonable and Prudent.

: ° $25: 00. a :

10-4-10(b) Speeding in Excess of Posted Limits or Tribal Law.

1 - 9 Miles.Over Limit $20.00

10-19 Miles Over Limit $30.00

20 -29 Miles Over Limit $50.00

More Than 29 Miles Over Limit Must Appear i in Court.

10-4-L1(a) Failure to Activate Headlights.

$15.00

: 10-4-11(b) Parked Vehicle in Roadway Without Lights

$15.00

10-5-1 wos Failure to Give Information and Render Aid.

Must Appear in Court.

10-5-2 ‘No Drivers License.

Must Appear in Court.

10-5-3 Driving Under Suspension or Revocation:

Arrest Authorized. Must Appear in -Court.

10-5-6(a) Improper Stopping or Parking.

$25.00

10-5-7 Careless Driving.

$50.00

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10-5-8

10-5-10

10-6-1 (a)

10-6-1(b)

10-6-2

10-6-3(a)

10-6-3(b)

10-6-4

10-6-5

OMAHA TRIBAL CODE (2013)

Reckless Driving.

Arrest Authorized. Must Appear in Court.

Driving Under the Influence.

Arrest Authorized. Must Appear in Court.

Driving While Intoxicated.

Arrest Authorized. Must Appear in Court.

Failure to Yield to Pedestrian. $10.00

Passing a Vehicle Stopped to Permit Pedestrian to Cross.

$25.00

Improper Walking on Roadway by Pedesrian

$5.00

Improper Crossing by Pedestrian.

$5.00

Failure to Exercise Due Care by Driver, to Avoid Colliding with

Pedestrian, etc,

$10.00

Pedestrian Failure to Obey Traffic Control Device.

$1000 os 5

Soliciting Rides on Roadways.

TITLE 10. TRAFFIC CONTROL

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.