Pyramid Lake Paiute Tribal Council

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Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 098-20

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section

16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized

by the United States Government through the Secretary of the Interior and the

Bureau of Indian Affairs; and possesses attributes of sovereignty over both the

members and tenitory.

WHEREAS, the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the Constitution

and By-laws of the Pyramid Lake Paiute Tribe, authorized the Pyramid Lake Tribal

Council to act on behalf of the Pyramid Lake Tribe, and to promulgate ordinances

to safeguard the peace and safety of residents of the Reservation and to establish

courts for the adjudication of claims and disputes; and

WHEREAS: pursuant to these powers, the Tribal Council has created a Law & Order Code and

other laws and ordinances to govern the conduct of people within the Tribe's

Reservation; and

WHEREAS: the Tribal Council has recognized the importance of reviewing and updating the

Law and Order Code to ensure the Code meets the Tribe's needs and best serves to

protect the interests of the Tribe, its members and persons living and working on

Tribal lands; and

WHEREAS: to meet this goal, the Tribe's Law and Order Committee has recommended that the

Tribal Council add Title 3 Chapter 5 - Traffic of the Law and Order Code to cunent

code.

WHEREAS: the revised Title 3 Chapter 5 - Traffic was posted for at least thirty days to allow

for public comment, No comments received by the Law and Order Committee and

the Committee submitted its recommendation to the Tribal Council;

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

accepts the recommendation of the Law and Order Committee and hereby adopts

the revised Title 3 Chapter 5 - Traffic of the Law and Order Code.

BE IT FURTHER RESOLVED, the Tribal Chairman or designee is hereby authorized to

effectuate any and all administrative actions necessary for implementation of this

resolution.

RESOLUTIO NO.: PL 098-20

Pyramid Lake Paiute Tribal Council

Page2

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Pyramid Lake Paiute Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing

body of the Pyramid Lake Paiute Tribe, composed often members, of whom ten (10) constituting a quorum

were present at a meeting duly held on the 2"d day of October 2020, was adopted by the affirmative vote of

eight (8) FOR and zero (0) AGAINST, with one (1) ABSTENTIONS; pursuant to the authority contained

in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.

Brenda A. Henry, Tribal Council S re ary

Pyramid Lake Paiute Tribal Council

CHAPTER 5

TRAFFIC

3.5.100

GENERAL PROVISIONS

3.5.102

Purpose

The purpose of this Chapter is to establish laws by which traffic-related activities shall

be controlled in order to protect the health, safety and welfare of the members of the Pyramid

Lake Paiute Tribe, community members and visitors, and to maintain law and order on the

Pyramid Lake Indian Reservation.

3.5.104

Definitions

"Administrative roadblock" means any methods used by Tribal law enforcement

officers to control all traffic through a point on the roadway whereby all vehicles may be

slowed or stopped for a lawful purpose.

"All-terrain vehicle" means any two, three, or four-wheeled vehicle used

primarily for off-road recreational use.

"Authorized emergency vehicle" means any ambulance being used to respond

to an emergency call; vehicle operated by or with the authority of a police department,

sheriff's department or state highway patrol; vehicle operated by a forestry or fire department

of any tribal, federal, state or local government or agency thereof; vehicle designated by the

Pyramid Lake Paiute Tribal Council as an authorized emergency vehicle.

may ride.

"Bicycle" means a device propelled solely by human power upon which a person

"Commercial motor vehicle" means any vehicle used or maintained for the

transportation of persons or property for hire, compensation or profit or designed, used or

maintained primarily for the transportation of property or persons. It shall include semitrailers, panel vans, commercial pick-up trucks and any other vehicle used for commercial

purposes.

"Controlled substance" means any substance listed in Schedules I, II, III, IV or

V of 21 U.S.C. §812, or as later amended.

"Crosswalk" means any portion of a roadway distinctly indicated for pedestrian

crossing by lines or other markings on the road surface.

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

"Farm tractor" means every motor vehicle designed and used primarily as a

farm implement for drawing plows, mowing machines and other implements of husbandry.

"Farm vehicle" means any vehicle or combination of vehicles which is:

controlled and operated by a farmer or rancher; used to transport his own livestock,

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agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and,

not used in the operation of a common contract carrier.

"Funeral procession" means a procession of two (2) or more vehicles

accompanying a vehicle containing the body of a deceased person.

"Insurance" means coverage by a contract whereby one party agrees to

indemnify or guarantee against loss or liability of the other party.

"Intersection" means the area within which vehicles traveling upon different

roadways joining at any angle may come in conflict.

"Law enforcement officer" means an officer of the Pyramid Lake Paiute Tribal

Police Department who has been commissioned by the Tribe, the State of Nevada or by the

Bureau of Indian Affairs.

"Motor vehicle" means every vehicle which is self-propelled but not operated

upon rails. The term includes, but is not limited to, automobiles, tractors, trucks, motorcycles,

motor driven cycles, and buses.

"Moped" means a vehicle which looks and handles essentially like a bicycle, is

propelled by a small engine, is designed to travel on not more than three (3) wheels in contact

with the ground but is not a tractor, and is capable of a maximum speed of not more than

thirty (30) miles per hour on a flat surface.

"Motorcycle" means every motor vehicle equipped with a seat or saddle for the

use of the driver and is designed to travel on not more than three (3) wheels in contact with

the ground, including a power cycle, excluding a tractor or a moped.

"Official traffic control device" means every sign, signal or marking placed by a

public authority for the purpose of regulating, warning and guiding traffic.

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

vehicle upon a street, highway or roadway or who is exercising control over or steering a

vehicle being towed by a motor vehicle.

"Park" and "parking" means the stationary placement of a vehicle, whether

occupied or not, other than temporarily stopping for the purpose of, and while actually

engaged in, loading or unloading of merchandise or passengers.

"Passenger" means a person who is riding in a motor vehicle who is not in actual

physical control of a motor vehicle upon a street, highway or roadway.

"Pedestrian" means any person on foot.

"Person" means a natural person, including all Indians and non-Indians, firm,

partnership, association, corporation, or any other type of entity.

"Prohibited substance" means any of the following substances if the person who

uses the substance has not been issued a valid prescription to use the substance and the

substance is classified in Schedule I or II pursuant to 21 U.S.C. §812, or as later amended:

Amphetamine;

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Cocaine or cocaine metabolite;

Heroin or heroin metabolite (morphine or 6-monoacetyl

Lysergic acid diethylamide;

Marijuana or marijuana metabolite;

Phencyclidine.

morphine);

"Ranger" means the Tribal official responsible to enforce Tribal laws and rules

related to conservation and use of Tribal natural resources, including the preservation and

protection of the natural habitat of the Reservation.

"Recreational vehicle" means a vehicular-type unit primarily designed as

temporary living quarters for travel, recreational or camping use, which may be self-propelled,

mounted upon, or drawn by, a motor vehicle. The term includes a recreational park trailer.

AA.

"Reservation" means the Pyramid Lake Paiute Indian Reservation.

BB.

"Right of way" means the right of one vehicle or pedestrian to proceed in a

lawful manner in preference to another vehicle or pedestrian approaching under such

circumstances of direction, speed and proximity as to give rise to danger of collision unless

one defers to the other.

CC.

"Road" or "roadway" means that portion of a road, highway, or street which is

improved and ordinarily used for vehicular traffic, exclusive of the shoulder, including all

paved and dirt roads.

DD.

"School zone" means those sections of the street that are adjacent to school

property and marked as a "school zone".

EE.

"Sidewalk" means that portion of property between the curb lines or the lateral

lines of a roadway and adjacent property lines which has an improved walking surface

intended for use by pedestrians.

FF.

"Stop" means complete cessation of movement.

GG.

"Street", "highway" or "road" includes the entire width between the lateral lines

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

purposes of transportation.

HH.

"Temporary roadblock" means any structure, device or means used by law

enforcement officers to control traffic at a place on a street, highway or roadway whereby

vehicles may be slowed or stopped to identify the occupants of those vehicles or because

there is an emergency.

II.

"Traffic" means vehicles and other conveyances either singly or together using

any highway or roadway for purposes of travel.

JJ.

"Traffic-control sign" or "signal" means any official traffic-control device,

stationary, manual, mechanical, or electronically operated, placed or erected by the Pyramid

Lake Paiute Tribe or that is recognized by the Tribe, by which traffic action is directed to stop

or proceed.

KK.

"Tribal Court" means the Tribal Court of the Pyramid Lake Paiute Tribe.

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LL.

"Tribal Police" means law enforcement officials of the Pyramid Lake Paiute

MM.

"Tribe" means the Pyramid Lake Paiute Tribe.

Tribe.

NN.

"Under the influence" means that as a result of taking into the body alcohol or

a controlled substance, or any combination thereof, a person's ability to safely operate a

motor vehicle is diminished.

00.

"Valid driver's license" means any current driver's license legally issued by: the

Pyramid Lake Paiute Tribe, the Government of the United States of America; or, any state of

the United States of America.

PP.

"Valid license plate" means any current license plate legally issued by: the

Pyramid Lake Paiute Tribe, the Government of the United States of America; or, any state of

the United States of America;

QQ.

"Vehicle" means every device in, upon, or by which any person or property is

or may be transported or drawn upon a street, highway, roadway, except devices moved

solely by human power or used exclusively upon stationary rails.

3.5.106

Jurisdiction

The jurisdiction of the Tribe under this Chapter shall extend to all land within the

exterior Reservation boundaries, including all streets, highways, roads and areas frequented

by the public, and shall extend to all persons. The Tribe asserts civil regulatory and

adjudicatory jurisdiction over all persons who commit any civil offense listed in this Traffic

Code within the exterior Reservation boundaries. The Tribe shall not have criminal jurisdiction

over non-Indians, but will arrest non-Indians under the circumstances set forth in NRS

§171.1255 for prosecution by state or local officials for violations of traffic violations under

state or local laws.

3.5.108

Duties and Powers of Tribal Police

Tribal Police shall be authorized to carry out acts and duties required to enforce the

provisions of this Chapter including, but not limited to, the following powers and duties to:

Arrest any person who commits a criminal offense under this Chapter when the

violation is committed in their presence;

Issue citations for traffic violations as allowed under this Chapter;

Direct traffic at the scene of an accident or when traffic is too heavy to be

controlled by traffic-control devices;

Require the driver of any vehicle, who upon reasonable belief of the on-duty

police officer, is operating a vehicle in violation of any provision of this Code, to stop, step out

of his vehicle, if necessary, and exhibit his driver's license and the registration evidence issued

for the vehicle. With probable cause or reasonable suspicion of probable cause, the officer

may inspect the vehicle, the registrations plates, and registration evidence thereon;

Inspect any vehicle of a type required to be registered under this Chapter found

in any public garage or repair shop or in any place where such vehicles are held for sale or

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wrecking for the purpose of locating stolen vehicles and investigating the title and registration

thereof;

Investigate and prepare a written accident report on any accident occurring on

the street, highway or road on the Reservation and involving a vehicle that results in property

damage or personal injury, and to file such report within twenty-four hours after completing

an investigation; and

Have a badge and name tag indicating his official authority conspicuously

displayed upon his person while on duty or while exercising his duty.

3.5.110

Duties and Powers of Tribal Rangers

Tribal Rangers shall be authorized to carry out acts and duties required to assist law

enforcement in the enforcement of this Chapter, including but not limited to, the following

powers and duties:

To patrol and respond to citizen calls for assistance, issue citations, investigate

boating and traffic accidents within the recreational areas of the Reservation

Investigate and/or assist in the investigation of crimes which occur directly

within the recreational areas specific to beach and camp access areas.

Enforce statutes and regulations governing the operation and use of all-terrain

vehicles, off-road vehicles, watercraft, and other recreational vehicles on the Reservation,

including proper registration, permits, equipment and methods of operation.

needed.

Prepare and issue citations, reports, gather evidence and testify in court when

3.5.112

Duties of Drivers and Owners

It is the duty of all drivers and owners of vehicles to comply with this Chapter.

It is the duty of all drivers to exercise due care in operating any vehicle within

the exterior reservation boundaries in order to avoid injury to or interference with other

persons, property and the peace and quiet of the Tribe and Reservation.

Nothing in this Chapter shall limit the right of parties to pursue other avenues

of recovery for damages to personal property or for bodily injury.

3.5.114

Report of Stolen and Recovered Motor Vehicles

Upon receiving reliable information that any vehicle has been stolen, the Police

Department shall immediately, but no later than one week after receiving such information,

report the theft to the National Crime Information Center, unless prior information had been

received of the recovery of the vehicle. Upon receiving information that any vehicle has been

recovered which had been reported as stolen, the Police Department shall immediately report

the fact of such recovery to the National Crime Information Center.

3.5.200

CRIMINAL OFFENSES

3.5.202

Enforcement Procedures

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Persons violating a Criminal Traffic Offense provision of the Tribe over which the Tribe

has criminal jurisdiction shall be subject to the following enforcement procedures:

Citations.

Initiating Proceedings. Proceedings may be initiated by issuing a citation

to the accused. A copy of the citation shall be filed with the Clerk of the

Court and a second copy shall be retained by the citing officer. When filed

with the Clerk of the Court, the citation shall serve as a criminal complaint.

Issuance. The citation shall be issued to the accused personally, except

that if the offense is a non-moving violation, then issuance may be made

by affixing the citation to a visible location on the offending vehicle.

Contents. The citation shall contain at least the following:

The name and the driver's license number of the accused, if

available;

The license number of the vehicle involved;

The date and time of the alleged offense;

The specific section of this Code alleged to have been violated;

The notice requiring the accused to appear in Court on a stated date

and a stated time;

The accused may sign the citation and thereby promise to appear in

court, unless the accused is required to be taken into immediate

custody pursuant to this Code; and

A statement of the maximum penalty for each violation alleged.

Immediate Arrest.

Standards. An accused may be taken into custody and brought before

the Court without unreasonable delay, if:

The accused refuses to sign the citation promising to appear in

Court;

The accused does not reside within the exterior Reservation

boundaries; or,

The alleged violation is a serious offense against the safety of

persons or property pursuant to the provisions of this Chapter.

Setting of Trial. Trial of the accused held in custody shall be held within

three business days. If an accused is released from custody upon posting

of bond or other order of the Court, a date for trial may be set no more

than sixty (60) days after the arrest.

Bail.

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Posting Bail. The Court may release an accused that has been taken into

custody upon the posting of cash bail in an amount determined by the

Court.

Bail Schedule. The bail schedule approved by the Court shall set forth cash

bail amounts for specified offenses in accordance with the provisions of

this Code.

Procedure. The criminal procedure of the Tribal Law and Order Code shall apply

to all prosecutions of persons in Court for violation of criminal provisions of this Chapter.

3.5.204

Driving Under the Influence of Alcohol or Controlled Substance

No person shall drive a vehicle within the exterior Reservation boundaries or

be in actual physical control of a vehicle upon any road, street, highway, sidewalk or public

premises within the exterior Reservation boundaries that is:

Under the influence of alcohol or a controlled substance, or any

combination thereof; or

Has a concentration of alcohol of .08 or more in his blood or breath; or

has an amount of prohibited substance in his blood or urine that is equal

to or greater than as follows:

______ frgbJQ)t~tj_?_':!.9?._~!:!.D_C::.~. ____

a. Amphetamine

b. Cocaine

c. Cocaine metabolite

d. Heroin

e. Heroin Metabolite:

(i.) Morphine

(ii) 6 Monoacetyl Morphine

I f. Lysergic Acid Diethylamide

I g. Marijuana

h. Marijuana Metabolite

i. Methamphetamine

, j. Phencyclidine

Urine

Blood

_Nanograms/MilHliter _____________ Nanogram/Milliliter _______ _

500

150

2,000

100

2,000

500

100

B. The fact that any person charged with a violation of this Section is or has been

entitled to use a controlled or prohibited substance under the laws of the Tribe does not

constitute a defense against any charge of violating this Section.

Penalties:

First Offense:

Incarceration for not less than two (2) days in jail and a Two Hundred

Fifty Dollar ($250.00) fine;

Participation in a chemical dependency evaluation by a Tribal or

state-certified alcohol and drug counselor and completion of any

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recommended treatment. Attend AA/NA self-help group 2 times a

per week for 90 calendar days total. Documented attendance

required.

Second Offense:

Incarceration for not less than fourteen (14) days in jail; and a Five

Hundred Dollars ($500.00) fine;

Participation in a chemical dependency evaluation by a Tribal or

state-certified alcohol and drug counselor and completion of any

recommended treatment;

Attendance at DUI school;

Attendance at twelve (12) step meetings at least two (2) times per

week for twelve months (Attendance must be documented) and

counseling as the Court deems appropriate.

Third or Subsequent Offense:

Incarceration for not less than sixty (180) days in jail and a One

Thousand Five Hundred Dollars ($1,500.00) fine;

Participation in a chemical dependency evaluation by a Tribal or

state-certified counselor and completion of any recommended

treatment.

Attendance at DUI school; and

Attendance at twelve (12) step meetings at least two (2) times per

week for at least two (24) months and counseling as the Court

deems appropriate.

Attend one session of victim impact panel.

Any person who has been convicted of a third offense shall be subject to

suspension of his privilege to drive within the exterior Reservation

boundaries for a period of not less than ninety (90) days or more than

one (1) year.

If a person pleads or is found guilty under this Section, the person shall

be ordered to pay for the cost of administering any tests and/or officer

witness fees given under §3.5.206, in addition to paying for the cost of

attendance at all programs, evaluations and treatment required as a result

of the conviction.

3.5.206

Required Breath Tests

A. Any person who operates a vehicle within the exterior Reservation boundaries shall

be deemed to have given consent to a test or tests of his breath, blood or urine for the

purposes of determining the alcohol or controlled substance content in his blood; provided

that the test is taken at the request of a Police Officer who has reasonable grounds to believe

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that the person has been driving or was in actual physical control of a vehicle in violation of

this Section. If the suspect is found to be in violation of this Chapter, he shall be responsible

to pay all costs associated with the administration of the test. If the suspect is not in violation

of this Chapter, the Tribe shall bear the costs for administration of the test.

Tests to be given:

If the concentration of alcohol in the person's blood or breath is at issue,

the Police Officer shall direct that the person submit to a breath or blood

test, or both.

If the presence of a controlled or prohibited substance in the person's

blood or urine is at issue, the Police Officer may direct that the person

submit to a blood or urine test, or both, in addition to any breath test.

If the person to be tested is deceased or unconscious, the Police Officer

shall direct that samples of blood from the person be tested.

Refusal to Submit to Tests.

The Police Officer shall inform the person that his refusal to submit to a

required test as directed will result in suspension of his privilege to drive

within the exterior Reservation boundaries for six (6) months.

If the person refuses to take any required chemical test as directed by a

Police Officer, said person will be deemed in violation if subsection 3.5.204

of this code and will be detained for such violation. Not more than three

(3) such samples may be taken during the five (5) hour period

immediately following the initial arrest.

If a person who is less than eighteen (18) years of age is directed to submit to

a test or tests of his breath, blood or urine, a Police Officer shall immediately notify the parent,

guardian or custodian of the minor. Tribal Police shall first attempt to notify the parent,

guardian or custodian by telephone. If the attempt to contact by telephone is not successful,

Tribal Police shall attempt to locate the parents, guardian or custodian of the minor through

other means, including, but not limited to, contacting relatives of the minor.

A person may request that an independent test be done by a physician or nurse

of his own selection for the purpose of determining any amount of alcohol, controlled

substance or prohibited substance in the person. The cost of an independent blood test is the

sole responsibility of the person requesting the test and the request must be timely made. A

Police Officer may not unreasonably impede a person's right to an independent test, but he

has no affirmative duty to assist the person in obtaining the test.

Refusal to submit to a required chemical test pursuant to this Section shall be

admissible evidence to show that a person is in violation of §3.5.204.

The results of a preliminary breath test may not be used in any criminal action

except to show that there were reasonable grounds to make an arrest.

Penalty. The Court, upon receipt of a sworn report from a Police Officer that he

had reasonable grounds to believe that a person was driving or was in actual physical control

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of a vehicle while under the influence of alcohol or a controlled substance, or a combination

thereof, and that the person refused a test, shall suspend that person's privilege to drive

within the exterior Reservation boundaries for a period of six (6) months. The Court shall

maintain a list of suspended drivers and shall post the list publicly.

Notification and Hearing upon Suspension:

Upon suspending a person's privilege to drive on Reservation lands

pursuant to §3.5.204, the Court shall immediately notify the person in

writing and by personal service or by registered or certified mail, of the

following:

The Court's decision and the grounds therefore; and

That the person has a right to a hearing, specifying the steps he

must take to obtain a hearing.

The person, within ten (10) days of receiving such notice, may request a

formal hearing. Any such request must be in writing. The Court shall

schedule a hearing for a date within thirty (30) days of receipt of the

request and shall give at least ten (10) days' notice of the hearing to the

person requesting the hearing.

The scope of such a hearing for the purposes of this Section shall cover

the following issues:

Whether or not the Police Officer had reasonable grounds to believe

the person had been driving or was in actual physical control of the

vehicle within the exterior Reservation boundaries while under the

influence of alcohol or a controlled substance, or a combination

thereof;

Whether or not the person refused to submit to a test or tests of his

breath, blood or urine upon the request of the Police Officer; and

3.5.208

Whether or not the person was informed that such refusal would

result in the suspension of his privilege to drive within the exterior

Reservation boundaries. If these elements are not established by a

preponderance of the evidence, the driving privileges may not be

suspended.

If the suspension is sustained by the Tribal Court, the person whose

driving privilege is affected shall have the right to file a notice of appeal

with the Appellate Court. Any decision by the Court suspending a person's

driving privilege shall be stayed and shall not take effect while a formal

hearing or a subsequent appeal is pending.

Driving while License is Suspended or Revoked

It is unlawful for any person to drive any vehicle on any road within the exterior

Reservation boundaries when that person's driver's license or driving privilege has been

suspended or revoked by any state or tribal court. The penalty for violating this Section is a

fine of Five Hundred Dollars ($500.00).

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3.5.210

Driving Without Required Insurance

Every owner or operator of a motor vehicle which is registered or required to

be registered under this Traffic Code and operated on the Reservation shall continuously

provide insurance against loss resulting from liability imposed by law for bodily injury or death

or damage to property suffered by any person caused by maintenance or use of a motor

vehicle. The insurance shall be in amounts at least meeting the minimum coverage required

by the State of Nevada or the state where the vehicle is registered.

3.5.212

The owner or operator of a motor vehicle shall not:

Operate or knowingly permit the operation of the motor vehicle without

insurance as required by this Section.

Operate or knowingly permit the operation of the motor vehicle without

having evidence in the vehicle of the owner's insurance.

Fail or refuse to surrender upon demand, evidence of insurance to a Police

Officer.

A person shall not operate the motor vehicle of another person unless:

He first ensures that the required evidence of insurance is present in the

motor vehicle; or

He has his own evidence of insurance which covers him as the operator

of the motor vehicle.

Penalties. A person in violation of this Section shall be sentenced as follows:

First Offense: Not less than a One Hundred Dollars ($100.00) fine or more

than a Two Hundred Fifty Dollars ($250.00) fine.

Second Offense: Not less than a Two Hundred Fifty Dollars ($250.00) fine

or more than a Five Hundred Dollars ($500.00) fine.

Third and Subsequent Offenses: Not less than a Five Hundred Dollars

($500.00) fine or more than a One Thousand Dollars ($1,000.00) fine.

The fine must be reduced to Fifty Dollars ($50.00) for the first violation if

a person obtains a motor vehicle liability policy by the time of sentencing.

A person shall not be convicted for a violation of Subsections B or C if the

person presents evidence to the Police Officer or the Court that the

insurance required by Subsection A was in effect at the time of the

citation.

Reckless Driving

It is unlawful for any person to drive any vehicle upon any road within the exterior

Reservation boundaries in such a manner as to indicate either a wanton or willful disregard

for the safety of persons or property. PENALTY: Two Hundred Fifty Dollars ($250.00) Fine.

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3.5.214

Speed Contests

No person shall engage in any motor vehicle speed contest or aid or abet in

any motor vehicle speed contest on any roadway or highway within the Reservation exterior

boundaries except for permitted Tribal events.

No person shall engage in any motor vehicle exhibition of speed on any roadway

within the exterior Reservation boundaries.

No person shall, for the purpose of facilitation or aiding, or as an incident to

any vehicle speed contest or speed exhibition upon a roadway, in any manner obstruct or

place any barricade or obstruction, or assist or participate in placing any barricade or

obstruction, upon any roadway within the exterior Reservation boundaries.

Penalties: First Offense - Fifty Dollars ($50.00) fine; Second Offense - Seventy

Five Dollars ($75.00) fine; Third and Subsequent Offenses - One Hundred Dollars ($100.00)

fine.

3.5.216

Unauthorized Use of Motor Vehicle

Any person who takes, causes to be taken away, drives away in, or is in possession of

a motor vehicle without the consent of the owner is guilty of unauthorized use of motor

vehicle. PENALTIES: First Offense - Fifty Dollars ($50.00) fine; Second Offense - Seventy

Five Dollars ($75.00) fine; Third and Subsequent Offenses - One Hundred Dollars ($100.00)

fine.

3.5.218

Vehicular Assault

A person who negligently or intentionally operates a motor vehicle as a weapon, and

who causes bodily injury to another, commits the offense of vehicular assault. PENALTY: Two

Hundred Fifty Dollars ($250.00) to Five Thousand Dollars ($5,000) fine and/or one (1) day to

one (1) year jail time.

3.5.220

Duty to Stop at Scene Involving Death or Personal Injuries

The driver of any vehicle involved in an accident within the exterior Reservation

boundaries resulting in bodily injury to or the death of a person shall immediately stop his

vehicle at the scene of the accident, or as close thereto as safely possible, and shall

immediately return to and remain at the scene until the person has fulfilled his legal

requirements as prescribed in Duty to Give Information and Render Aid, §3.5.226. PENALTY:

One Thousand Dollars ($1,000.00) fine.

3.5.222

Duty to Stop at Scene Involving Damage to Vehicle or Other Property

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

vehicle or other property shall immediately stop his vehicle at the scene of the accident or, if

the vehicle is obstructing traffic, at a location as close thereto as possible that does not

obstruct traffic, and shall return to and remain at the scene of the accident until the person

has fulfilled his legal requirements as prescribed in Duty to Give Information and Render Aid,

§3.5.226. PENALTY: One Thousand Dollars ($1,000.00) fine.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 12

3.5.224

Duty to Give Information and Render Aid

A. The driver of any vehicle involved in an accident resulting in injury or death of any

person, or damage to any vehicle or property, shall give his name, address, telephone number

and the registration number of the vehicle he is driving and upon request, shall exhibit his

driver's license and insurance information to any other persons involved in the accident. The

driver shall render to any person injured in such accident reasonable assistance, including the

transport or making of arrangements for the transport of such person to a physician, hospital

or medical treatment if it is apparent that such treatment is necessary or if the injured person

requests such transport. PENALTY: Five Hundred Dollars ($500.00) fine.

B. Any member of a voluntary ambulance, fire, or search rescue service, or any other

person, who in good faith renders emergency care or assistance without compensation at the

scene of an emergency or an accident within the exterior Reservation boundaries or otherwise

within the jurisdiction of the Tribe, shall not be liable for any civil damages for acts or

omissions in rendering such emergency care or assistance, except for injuries or damages

caused by such person's gross negligence or willful misconduct.

3.5.226

Immediate Notice of Accidents

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

or property damage to an apparent extent of One Hundred Dollars ($100.00) or more shall

immediately give notice of such accident to the Tribal Police. PENALTY: Five Hundred Dollars

($500.00) fine.

3.5.228

Written Reports of Accidents

The driver of a vehicle involved in an accident resulting in bodily injury to or death of

any person or total damage in an apparent extent of One Hundred Dollars ($100.00) or more

shall, within five (5) days after such accident, forward a written report of such accident to the

Tribal Police, if no such report has already been taken by the Tribal Police.

3.5.230

Duty on Striking Unattended Vehicle or other Property

The driver of any vehicle which collides with or is involved in an accident with

any other vehicle or other property which is unattended, resulting in damage to the other

vehicle or property, shall immediately stop. The driver shall locate the operator or owner of

the other vehicle or property and give notification of his name, address and telephone

number, and the name, address and telephone number of the owner of the vehicle which

struck the unattended vehicle or property, if different from the driver. If the owner or operator

of the vehicle or other property which was struck cannot be located or determined, a written

notice giving the same information as required in the verbal notification above shall be

securely attached in a conspicuous place in or on the other vehicle or property.

The driver of a vehicle which collides with an unattended vehicle or is involved

in an accident resulting in damage to an unattended vehicle shall immediately give notice of

such accident to the Tribal Police.

Whenever the driver of a vehicle is physically incapable of giving immediate

notice of an accident as required herein, any other occupant in the vehicle at the time of the

accident capable of giving such notice to the Tribal Police shall do so immediately.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 13

3.5.232

PENALTY: Up to, but not more than, One Hundred Fifty Dollars ($150.00) fine.

Unattended Child in a Vehicle

It is unlawful for any party or driver to leave a child under the age of six (6) years of

age in an unattended vehicle. PENALTY: A minimum fine of up to Fifty Dollars ($50.00) but

not more than Two Hundred Fifty Dollars ($250.00)

3.5.300

EQUIPMENT

3.5.302

Equipment Requirements

All equipment and component parts on vehicles shall be maintained in good condition

and in working order.

3.5.304

Headlights and Taillights

Every vehicle shall be equipped with two (2) functioning headlights, except that

motorcycles shall be equipped with at least one (1) functioning headlight.

Headlights shall be turned on one-half (1/2) hour after sunset to one-half (1/2)

hour before sunrise and any other time when there is not sufficient light to see persons and

vehicles at a distance of five hundred feet (500') clearly.

Except as otherwise provided by law, every motor vehicle, trailer, semi-trailer

and any vehicle which is being drawn at the end of a train of vehicles shall be equipped with

at least two (2) tail lamps mounted on the rear, which when lighted as required by this Traffic

Code, shall emit a red light plainly visible for a distance of five-hundred feet (500') to the

rear, except the vehicles manufactured prior to July 1, 1969, shall have at least one (1) tail

lamp, if they are originally equipped with only one (1) tail lamp.

3.5.306

Brake Lights

Every vehicle shall be equipped with two (2) or more functioning brake lights, except

that any vehicle manufactured prior to July 1, 1969 shall have at least one (1) brake light if

such vehicle was originally equipped with only one (1) brake light. Brake lights shall be plainly

visible from a distance of three-hundred feet (300') to the rear during normal daylight and at

night.

3.5.308

Backup Lights

Every vehicle, other than a motorcycle, shall be equipped with one (1) or more

functioning backup lights, if such lights were standard equipment on the vehicle as

manufactured.

3.5.310

Turn Signals

All vehicles shall be equipped with a mechanical turn signal system capable of clearly

indicating an intention to turn either right or left. Turn signals shall be plainly visible from a

distance of five-hundred feet (500') to the front and rear during normal daylight.

3.5.312

Brakes

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 14

Every vehicle shall be equipped with a fully functioning and operable brake

system and every vehicle with more than two (2) wheels shall be equipped with a parking

brake system. The two (2) systems shall be constructed so that failure of any one (1) part,

except for failure of drums, brake shoes, or other mechanical part of the wheel brake

assemblies, shall not leave the vehicle without operative brakes.

Upon application of the brake system, every vehicle, at any time and under all

conditions of loading, shall be capable of stopping within forty feet (40') from an initial speed

of twenty (20) miles per hour.

3.5.314

Windshields

Every vehicle with more than two (2) wheels, except farm and off-road vehicles, shall

be equipped with an adequate windshield and wipers. The windshield shall be free from

obstruction.

3.5.316

Mufflers

Every vehicle shall at all times be equipped with an adequate muffler in constant

operation and properly maintained to prevent any excessive or unusually loud noise.

3.5.318

Mirrors

Every vehicle shall be equipped with a mirror (rear or side view).

3.5.320

Penalties

All equipment infractions must be corrected within three (3) working days from the

date of citation and may be subject to the following fines:

First Offense: Repair(fix-it) ticket

Second Offense: Fifty Dollar ($50.00) fine

Third and Subsequent Offenses: Court appearance and fine up to, but not more

than One Hundred Dollars ($100.00).

3.5.400

MOVING VIOLATIONS

3.5.402

Speeding

It shall be unlawful for any person to operate any vehicle within the exterior

Reservation boundaries at a speed exceeding a posted speed limit or exceeding fifteen (15)

miles per hour if no speed limit is posted, or exceeding a reasonable and proper speed dictated

by road and weather conditions.

Exceptions. Authorized emergency vehicles when responding to an emergency

call, while in pursuit of an actual or suspected violator of the law, when responding to but not

returning from, a fire alarm, or when escorting a funeral procession may:

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 15

Proceed past a red or stop signal or stop sign, but only after slowing down

as may be necessary for safe operation.

Exceed any speed limit so long as the vehicle does not endanger life or

property, except that a vehicle escorting a funeral procession may not

exceed the speed limit by more than fifteen (15) miles per hour to

overtake the procession and direct traffic at the next intersection.

Disregard regulations governing direction of movement or turning in

specified directions. The driver of a vehicle escorting a funeral procession

may direct the movements of vehicles in procession and may direct the

movements of other vehicles.

The provisions in this Section shall not relieve the driver of an authorized

emergency vehicle of the duty to drive with the due safety of all persons

using the street, highway or road, nor shall it protect the driver of any

such vehicle from civil liability or criminal prosecution.

Speed Too Fast For Conditions. The fact that the speed of a vehicle is lower

than the prescribed limits does not relieve a driver from the duty to decrease speed when

approaching and crossing an intersection, when approaching and going around a curve, when

approaching a hill crest, when traveling upon any narrow or winding street, highway or road,

when special hazards exist or may exist with respect to pedestrians or other traffic, or by

reason of weather or other conditions. A driver shall decrease his speed as may be necessary

to maintain safe driving standards. PENALTY: Up to One Hundred Dollars ($100.00).

Penalties for Speeds Exceeding the Speed Limit:

01 to 10 mph in excess = $25.00 fine + $1.00 for each mile over limit.

11 to 20 mph in excess = $50.00 fine + $1.00 for each mile over limit.

21 to 25 mph in excess = $75.00 fine + $1.00 for each mile over limit.

26 to 30 mph in excess = $100.00 fine + $1.00 for each mile over limit.

31 mph and up in excess = $200.00 = $1.00 for each mile over limit.

Penalty if Speeding in a School Zone: $100.00 fine + $2.00 for each additional

mile over limit.

3.5.404

Driving on the Wrong Side of the Road

A driver shall operate his vehicle upon the right half of any street, highway or road,

except when that half of the street, highway or road is out of repair or impassable, or when

the driver's vehicle is safely overtaking and passing another vehicle. PENALTY: Fifty Dollars

($50.00) fine.

3.5.406

Depositing Matter on the Street, Highway or Road

No person shall deposit, in any manner, on any street, highway or road any bottles,

cans, garbage, glass, nails, paper, wire or any other substance likely to injure or damage

traffic using the street, highway or road. The violator shall be required to immediately remove

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 16

what he deposited upon notification by law enforcement. PENALTY: Two Hundred Dollars

($200.00) fine.

3.5.408

3.5.410

Unlawful Passing

It shall be unlawful to overtake and pass a moving vehicle:

at an intersection;

when coming up on the crest of a hill or on a curve where the driver does

not have an unobstructed view for five-hundred feet (500') ahead;

when there is a solid yellow line in the driver's lane; or

when an on-coming vehicle is so close that it is not safe to cross the center

line.

PENALTY: One Hundred Dollars ($500.00) fine.

Failure to Signal

Mechanical Signals. When a driver of a vehicle slows, turns, changes lanes or

stops, he shall display the proper mechanical signal in sufficient time to indicate his intentions

to other drivers and pedestrians. Turn signals must be given for the driver(s) approaching as

well as for the driver(s) behind.

Hand Signals. When mechanical signals are not given, signals must be given

with the left hand as follows:

3.5.412

Stopping: arm extended downward at a ninety-degree (90°) angle;

Left hand turn: arm extended horizontally; and

Right hand turn: arm extended upward at a ninety-degree (90°) angle.

PENALTY: Fifty Dollars $50.00.

Improper U-Turn

A driver shall not make a U-turn where it is unsafe to do so or where a sign indicates

such action is illegal. PENALTY: Fifty Dollars ($50.00) fine.

3.5.414

Failure to Yield Right-of-Way

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

which has entered the intersection.

If two (2) or more vehicles approach or enter an intersection from different

roads at the same time, the driver shall yield the right-of-way to the vehicle on the right.

All vehicles shall yield the right-of-way to pedestrians.

All vehicles about to enter or cross a road shall yield the right-of-way to a

vehicle on the road.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 17

3.5.416

PENALTY: Fifty Dollars ($50.00) fine.

Failure to Yield Right-of-Way to Emergency Vehicles

Upon the approach of any authorized emergency vehicle displaying flashing lights

and/or giving an audible signal by siren, the driver of every other vehicle shall immediately

stop as far as possible off the right-hand edge or curb of the road, clear of any intersection

or other roads, and shall remain stopped until the authorized emergency vehicle has passed

or unless otherwise directed by a Tribal Police Officer. PENALTY: Two Hundred Dollars

($200.00) fine.

3.5.418

Improper Passing of a School Bus

All vehicles shall stop before meeting or passing a school bus, including a "Head Start"

van or any school van, from any direction, when the school bus has stopped on a roadway or

shoulder of the road to receive or discharge school children. Vehicles shall not proceed until

the school bus starts moving or until signaled by the bus driver to proceed. PENALTY: Three

Hundred fifty Dollars ($350.00) fine.

3.5.420

Failure to Obey Traffic Control Signs and Signals

All drivers, while operating a vehicle, shall obey the traffic control signs and signals

placed to control and regulate traffic. PENALTIES: First Offense - Fifty Dollars ($50.00) fine;

Second Offense - Seventy Five Dollars ($75.00) fine; Third and Subsequent Offenses - One

Hundred Dollars ($100.00) fine.

3.5.422

Registration Offenses

No driver shall operate any vehicle on any road within the exterior Reservation

boundaries unless the driver has in his possession a valid certificate of registration for such

vehicle.

All vehicles which are operated within the exterior Reservation boundaries must

display valid license plates.

PENALTY: Fifty Dollars ($50.00) fine.

Exemption: This Section shall not apply to farm or ranch equipment or vehicles,

such as tractors, harvesters, combines, and any other such equipment or vehicles not suited

for or intended for travel at highway speeds; provided that such vehicle or equipment shall

have on display a valid exemption placard and certificate of exemption issued by the Tribe.

3.5.424

Driver's License Offenses

It shall be unlawful for any person to operate a vehicle upon any roadway within

the exterior Reservation boundaries without possession of a valid driver's license, which must

be exhibited on demand from an authorized person. PENALTIES: First Offense - Fifty Dollars

($50.00) fine; Second Offense - Seventy Five Dollars ($75.00) fine; Third and Subsequent

Offenses - One Hundred Dollars ($100.00) fine.

Exemption: Any operator of farm or ranch equipment or vehicles not suited for

or intended for travel at highway speeds is exempt from the requirements of possession of a

driver's license for the purpose of operating such equipment or vehicles.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 18

3.5.426

Driving through Funeral Procession Prohibited

Except as authorized by law enforcement officers, a person shall not drive through

vehicles or persons comprising a funeral procession. PENALTY: Fifty Dollars ($50.00) fine.

3.5.428

Following too Closely

The driver of a vehicle shall not follow another vehicle so closely as to create a

substantial danger of an accident, taking into account the speed of the vehicles involved, the

amount of traffic, and road conditions. PENALTIES: First Offense - Twenty Five Dollars

($25.00) fine; Second Offense - Fifty Dollars ($50.00); Third and Subsequent Offenses Court appearance and a fine up to, but not more than One Hundred Dollars ($100.00).

3.5.430

Negligent Injury to Animals on the Road

Drivers of vehicles shall exercise due care to avoid injuring wild or domestic animals

on the roadway. PENALTY: Fifty Dollars ($50.00) fine.

3.5.432

Mechanical Repair Work

No person shall conduct mechanical repair work, other than emergency repairs, on a

vehicle on a public roadway. PENALTY: Fifty Dollars ($50.00) fine.

3.5.434

Permitting Unauthorized Minor to Drive

It shall be unlawful to knowingly cause or permit any minor under the age of sixteen

(16) to operate a vehicle within the exterior Reservation boundaries without a valid driver's

license. PENALTIES: First Offense - Fifty Dollars ($50.00) fine; Second Offense - Seventy

Five Dollars ($75.00) fine; Third and Subsequent Offenses - One Hundred Dollars ($100.00)

fine.

3.5.436

Failure to Obey Flagman

It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an

authorized flagman serving in a traffic control capacity. PENALTY: One Hundred Dollars

($100.00) fine.

3.5.438

Unattended Vehicle

The person driving or in charge of any vehicle, except a commercial vehicle loading or

unloading goods, shall not permit the vehicle to stand unattended without first stopping the

engine, locking the ignition and removing the key. PENALTY: Fifty Dollars ($50.00) fine.

3.5.440

Opening and Closing Doors

No person shall open the door to a vehicle on the side available to moving traffic unless

it is reasonably safe to do so and can be done without interfering with the movement of such

traffic, nor shall any person leave a door open upon the side of a vehicle available to moving

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

Seventy Five Dollars ($75.00) fine.

3.5.442

Locked Vehicle

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 19

No person shall intentionally leave a locked vehicle in which there is any person of any

age who cannot readily escape from the vehicle. PENALTY: Five Hundred Dollars ($500.00)

fine.

3.5.444

Loads on Vehicles

No vehicle shall be driven or moved on any roadway unless such vehicle is

constructed or loaded to prevent any of its loads from dropping, shifting, leaking, or otherwise

escaping, except that sand may be dropped for the purpose of securing traction, or water or

other substance may be sprinkled for purposes of cleaning or maintaining the roadway.

No person shall operate on a highway any vehicle or combination of vehicles

with any load unless said load and any covering is securely attached or fastened so as to

prevent the covering or load from coming loose or detached, or in any manner becoming a

hazard to users of the roadway.

PENALTY: One Hundred Dollars ($100.00) fine plus responsibility for cleanup of

spillage or damage to roadway, vehicles, or pedestrians resulting from violation of this

Section.

3.5.446

Applicability of Traffic Code to Off-Road Vehicles

All provisions of this Chapter necessary to ensure the safety of persons or animals

shall apply in all restricted or open off-road areas within the exterior Reservation boundaries

which are not normally used by the public.

3.5.448

Regulations for All-Terrain Off-Road Operation of Vehicles

It shall be unlawful to operate any vehicle in any manner causing excessive

disturbance to land, terrain, wildlife, or vegetation, unless the area is expressly designated

by the Tribe for such purpose.

It shall be unlawful to operate a vehicle in a restricted use area in any manner

not permitted therein.

It shall be unlawful to operate a vehicle in an area where off-road use is not

permitted.

3.5.450

PENALTY: One Hundred Dollars ($100.00) fine.

Restricted Areas

In the absence of a specific designation, all Tribal lands shall be considered closed to

the operation of off-road vehicles.

3.5.452

Permitted Use Areas

The Tribal Council may designate areas where off-road vehicle use is permitted. Such

areas shall be designated by conspicuously posted signs advising of the locations and

boundaries of off-road use areas and the regulations governing the use of those areas.

3.5.454

Pedestrian Crossing and Right-of-Way

The driver of a vehicle shall yield the right-of-way to pedestrians who are

crossing a roadway at marked crosswalks or within unmarked crosswalks at an intersection.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 20

Pedestrians crossing a roadway at any point other than marked crosswalk or

within unmarked crosswalks at an intersection shall yield the right-of-way to all vehicles.

3.5.456

PENALTY: Twenty Five Dollars ($25.00) fine.

Parking Space Designated for Handicapped

A person who does not lawfully possess and display a permit or plate indicating

his lawful use of parking spaces designated for the handicapped shall not park in a place

designated for the handicapped. PENALTY: One Hundred Dollars ($100.00) fine.

Handicapped parking must be marked clearly with a sign or blue paint on the

curb or parking space designating the space as handicapped parking.

3.5.458

Single Yellow Line

It is unlawful to drive across a solid yellow line. PENALTY: One Hundred Dollars

($100.00) fine.

3.5.460

Double Yellow Line

It is unlawful to drive across a double yellow line. PENALTY: One Hundred Dollars

($100.00) fine.

3.5.462

Night Driving Lights

All vehicles operating within the exterior Reservation boundaries at night must have

two (2) white lights in front; motorcycles must have at least one (1) white light in front when

operated at night. PENALTY: One Hundred Dollars ($100.00) fine.

3.5.500

SAFETY VIOLATIONS

3.5.502

Child Riding in Motor Vehicle

It shall be the responsibility of the driver of any vehicle driven within the exterior

Reservation boundaries to ensure the safety of the child passengers.

No person shall operate a motor vehicle unless each child passenger is properly

secured in a child passenger restraint device with a safety belt.

Children six (6) years of age or younger, or less than sixty pounds (60

lbs.) shall be properly secured in a child passenger restraint device which

meets the standards prescribed in 49 C.F.R. §571.213 and the standards

recommended by the National Transportation Safety Administration.

Children six (6) years of age or older, four-feet, nine-inches (4'9") inches

tall or more, and sixty pounds (60 lbs.) or more may be secured in a

safety belt, as provided in the motor vehicle and in accordance with the

standards recommended by the National Transportation Safety

Administration.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 21

Violation of this Section shall be considered a moving violation for which a law

enforcement officer shall have the authority to stop a vehicle and issue a citation upon his

reasonable belief that the driver is in violation of this Section.

When a physician determines that the use of the prescribed restraining devices

set forth in §A.1 and A.2 above for the particular child would be impractical or dangerous

because of factors such as the child's weight, physical unfitness or medical condition, the

person transporting the child must carry in the vehicle the signed statement from the

physician indicating such and must use a suitable restraining device for that particular child.

PENALTIES:

First Offense: One Hundred Dollars ($100.00) fine and completion of a

Court-approved safety education program.

Second Offense: Two Hundred Dollars ($200.00) fine and completion of a

Court-approved safety education program.

Third and Subsequent Offenses: Three Hundred Dollars ($300.00) fine

and completion of a Court-approved safety program.

Drivers who habitually fail to comply with this Section may be cited under other

relevant sections of the Law and Order Code for child abuse or neglect for which appropriate

penalties will apply.

3.5.504

Safety Restraint Required

Any person driving a vehicle and any vehicle passenger six (6) years of age or

older, or over sixty pounds (60 lbs.) shall wear a safety belt. A citation shall be issued to any

driver and to any passenger who fails to wear a safety belt.

If the passenger is a child six (6) years of age or older, or over sixty pounds

(60 lbs.), the citation will be issued to the driver for his failure to require that the child wear

a safety belt.

Violation of this Section shall not be considered a moving violation.

When a physician determines that the use of a safety belt for the particular

child would be impractical or dangerous because of factors such as the child's weight, physical

unfitness or medical condition, the person transporting the child must carry in the vehicle the

signed statement from the physician indicating such and must use a suitable restraining

device for that particular child.

PENALTIES

First Offense: Fifty Dollars ($50.00) fine. In lieu of payment of the

assessed fine for a first offense, the offender may attend a Courtapproved safety education program.

Second Offense: Seventy five Dollars ($75.00) fine.

Third and Subsequent Offenses: One Hundred Dollars ($100.00) fine.

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Chapter 5-Traffic/Page 22

Exemptions. Drivers and passengers of vehicles shall not be cited under the

following circumstances:

3.5.506

The vehicle is not required by Federal law to be equipped with safety belts;

The vehicle is stopped frequently, the speed of that vehicle does not

exceed fifteen (15) miles per hour between stops, and the driver or

passenger is frequently leaving the vehicle or delivering property from the

vehicle; or

The vehicle was manufactured prior to January 1, 1968.

Helmet Required

Motorcycles, mopeds, motorized scooters/go-carts, ATVs. All drivers and

passengers of motorcycles, mopeds, motorized scooters/go-carts, and ATVs within the

exterior Reservation boundaries shall wear protective headgear specifically designed for

drivers and passengers of motorcycles, mopeds, motorized scooters/go-carts or ATVs in

compliance with 49 C.F.R. §571.218 Federal Motor Vehicle Safety Standards. The driver of a

motorcycle and his passengers shall wear protective glasses/goggles or face shields at any

time the motorcycle is being driven upon any roadway. PENALTY: Seventy Five Dollars

($75.00) fine and completion of a Court-approved safety education program.

Bicycles, non-motorized scooters, skateboards. All persons riding bicycles, nonmotorized scooters of skateboards within the exterior Reservation boundaries must wear

protective headgear in compliance with 16 C.F.R. Part 1203. The helmet must be of good fit

and fastened securely upon the person's head at all times. The helmet must also meet the

standards of the Consumer Product Safety Commission. PENALTY: Fifty Dollars ($50.00) fine.

3.5.600

BICYCLIST DUTIES AND VIOLATIONS

3.5.602

Applicability

Every person riding a bicycle upon a roadway has all of the rights and is subject to all

of the duties applicable to the driver of a vehicle, except those provisions in this Code which

by their nature can have no application.

3.5.604

Operation of Bicycles on Roadway

Every person operating a bicycle upon a roadway shall ride as near as practical

to the rig ht side of the road.

abreast.

Persons riding bicycles upon a roadway shall not ride more than two (2)

3.5.606

Duty to Exercise Reasonable Care

All bicycle riders shall exercise reasonable care to avoid injury to themselves and to

other persons, and to avoid damage to any property. If a person fails to exercise reasonable

care, a civil action may be brought in Tribal Court to recover the damages resulting from such

failure.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 23

3.5.608

3.5.610

Equipment

Every bicycle, when used at night, must be equipped with:

A lamp on the front which emits a white light visible from a distance of at

least five hundred feet (500') to the front;

A red reflector on the rear of the bicycle which must be visible from fifty

feet (50') to three hundred feet (300') to the rear;

Reflective material of a sufficient size and reflectivity to be visible from

both sides of the bicycle for six hundred feet (600'); and

Brakes which will enable the operator to make the wheels skid on dry

level, clean pavement.

PENALTY: Fifteen Dollars ($15.00) fine.

Clinging to Another Vehicle on Roadway Prohibited

No person riding upon any bicycle, coaster, roller skates, roller blades, skateboard,

sled, or toy vehicle shall attach the same or himself to any vehicle on any roadway. PENALTY:

One Hundred Dollars ($100.00) fine.

3.5.700

ROADBLOCKS

3.5.702

Administrative Roadblock

Law enforcement officers may establish administrative roadblocks upon any

roadway for any lawful purpose to warn or protect the traveling public.

roadblocks:

The following procedures should be followed in establishing administrative

The administrative roadblock should be visible at a distance of not less

than one hundred (100) yards in either direction;

A sign should be placed near the center line of the roadway displaying the

word "STOP" in letters of sufficient size and luminosity to be readable at

a distance of not less than fifty (50) yards in the direction affected by the

roadblock, either during daytime or darkness;

At least one (1) flashing or intermittent light should be placed at the side

of the roadway, clearly visible to the oncoming traffic at a distance of not

less than one hundred (100) yards;

Warning signs which will attract an oncoming driver's attention should be

placed at least two hundred (200) yards prior to the roadblock indicating

that all vehicles should be prepared to stop.

The provisions of this Chapter do not limit the existing authority of law

enforcement officers in the performance of their duties.

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Chapter 5-Traffic/Page 24

Failure to Stop at an Administrative Roadblock- PENALTY: One Hundred Dollars

($100.00) fine.

3.5.704

Temporary Roadblock

Law enforcement officers may establish temporary roadblocks upon any

roadway to apprehend persons known to be wanted for violation of the law or to control traffic

at or near the scene of a potential or existing emergency or hazard to warn or protect the

traveling public.

Law enforcement officers shall make every effort to abide by the following

procedures at the earliest possible time:

The temporary roadblock must be visible at a distance of not less than

one hundred (100) yards in either direction;

An authorized emergency vehicle must be clearly marked as such and with

its warning lights in operation, must be placed so as to be clearly visible

to traffic affected by the roadblock at a distance of not less than one

hundred (100) yards;

At least one flashing or intermittent light must be placed at the side of the

roadway, clearly visible to the oncoming traffic at a distance of not less

than one hundred (100) yards;

At the point of the temporary roadblock, cones, reflectors, burning flares

or similar devices must be in place to identify the point of the roadblock

and direct, if necessary, the path to be followed by a vehicle approaching

the roadblock;

Warning signs which will attract an oncoming driver's attention must be

placed at least two hundred (200) yards prior the roadblock indicating

that all vehicles should be prepared to stop;

At a point located not less than two hundred (200) yards, but not more

than four hundred ( 400) yards, from the point of the temporary roadblock,

cones, reflectors, burning flares or similar devices must be placed on both

shoulders of the roadway and near the center line of the roadway to warn

traffic that a condition hazardous to traffic exists in the immediate vicinity.

The provisions of this Section do not limit the existing authority of Tribal Police

Officers in the performance of their duties. The procedures in establishing temporary

roadblocks shall be followed at the earliest possible time, taking into consideration the

circumstances surrounding the reason for the roadblock.

Failure to stop at a temporary roadblock - PENALTY: Two Hundred Dollars

($200.00) fine.

3.5.800

HABITUAL TRAFFIC OFFENDERS

3.5.802

Suspension of Privilege to Drive and Penalties for Habitual Traffic

Offenders

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Chapter 5-Traffic/Page 25

If a person has been found guilty, pied guilty or has forfeited bail to any

offenses relating to the use or operation of a motor vehicle more than five (5) times within a

one (1) year period, the Court shall declare the person to be a habitual traffic offender.

PENALTY: Up to, but not more than a One Thousand Dollars ($1,000.00) fine and suspension

of privilege to drive within the exterior Reservation boundaries for up to, but not more than

one (1) year.

A person who is declared to be a habitual traffic offender under this Section

shall not operate a motor vehicle within the exterior Reservation boundaries during the period

of suspension. PENALTY: Not less than fourteen (14) and not more than ninety (90) days in

jail, not more than One Thousand Dollars ($1,000.00) fine and extension of the period of

suspension for an additional one (1) year.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 26

CHAPTER SA

TRAFFIC - CIVIL

3.SA.300

CIVIL OFFENSES

3.SA.302

Civil Jurisdiction

The civil offenses set forth in Chapter SA of this Code apply to all persons who violate

any offense or provision of this Chapter within the exterior Reservation boundaries. Civil

jurisdiction of the Tribe under this Chapter shall extend to all non-members of the Tribe who

violate a provision of this Chapter and such non-member may, in the alternative, be cited

under State or local law if the Tribal Police Officer deems it appropriate or if the offender

refuses to consent to Tribal Court jurisdiction or fails to appear or to post bond before the

Court. The criminal jurisdiction of the Tribe shall not apply to persons who are cited for

offenses under this Chapter.

3.SA.304

Penalties

The penalty for a violation of any provision of this Chapter shall be a civil fine as set

forth in the particular provision.

3.SA.306

Standard of Proof

The standard of proof for a violation of any such provision shall be a preponderance of

the evidence.

3.SA.308

Enforcement Procedures

Persons violating a Civil Traffic Offense provision of this Chapter shall be subject to the

following enforcement procedures:

Citations

Initiating Proceedings. Proceedings may be initiated by issuing a citation

to the offender. A copy of the citation shall be filed with the Clerk of the

Court and a second copy shall be retained by the citing officer. When filed

with the Clerk of the Court, the citation shall serve as a civil complaint.

Issuance. The citation shall be issued to the offender personally, except

that if the offense is a non-moving violation, then issuance may be made

by affixing the citation to a visible location on the offending vehicle.

Contents. The citation shall contain at least the following:

The name and the driver's license number of the offender, if

available;

The license number of the vehicle involved;

The date and time of the alleged offense;

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Chapter 5-Traffic/Page 27

The specific section of this Chapter alleged to have been violated;

The notice requiring the offender to appear in Tribal Court on a

stated date and at a stated time;

An agreement that in lieu of posting bond, the offender may sign the

citation and thereby promise to appear in Tribal Court;

In the case of non-members, the non-member's consent to Tribal

Court jurisdiction shall be requested; and

A statement of the maximum fine for each violation alleged.

Alternative Citation. An offender may be cited or arrested under NRS

§171.1255 and prosecuted under state or local law if:

The offender refuses to sign the citation promising to appear in Tribal

Court;

The offender does not reside within the exterior Reservation boundaries;

The offender is accused of a serious offense against the safety of persons

or property.

Procedure. The Tribal Law and Order Code - Rules of Civil Procedure shall apply

to all citations of persons in Tribal Court for violation of civil provisions of this Traffic Code.

3.SA.400

EQUIPMENT

3.SA.402

Equipment Requirements

All equipment and component parts on vehicles shall be maintained in good condition

and in working order.

3.SA.404

Headlights and Taillights

A. Every vehicle shall be equipped with two (2) functioning headlights, except that

motorcycles shall be equipped with at least one (1) functioning headlight.

B. Headlights shall be turned on one half (1/2) hour after sunset to one half hour

(1/2) before sunrise and any other time when there is not sufficient light to see persons and

vehicles at a distance of five hundred feet (500 1 ) clearly.

C. Except as otherwise provided by law, every motor vehicle, trailer, semi-trailer and

any vehicle which is being drawn at the end of a train of vehicles shall be equipped with at

least two (2) tail lamps mounted on the rear, which when lighted as required by this traffic

code, shall emit a red light plainly visible for a distance of five hundred feet (500 1 ) to the rear,

except the vehicles manufactured prior to July 1, 1969, shall have at least one (1) tail lamp,

if they are originally equipped with only a tail lamp.

3.SA.406

Brake Lights

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Chapter 5-Traffic/Page 28

Every vehicle shall be equipped with two (2) 2 or more functioning brake Lights, except

that any vehicle manufactured prior to July 1, 1969 shall have at least one (1) brake light if

such vehicle was originally equipped with only 1 brake light. Brake lights shall be plainly visible

from a distance of three-hundred feet (300') to the rear during normal daylight and at night.

3.SA.408

Backup Lights

Every vehicle, other than a motorcycle, shall be equipped with one (1) or more

functioning backup lights, if such lights were standard equipment on the vehicle as

manufactured.

3.SA.410

Turn Signals

All vehicles shall be equipped with a mechanical turn signal system capable of clearly

indicating an intention to turn either right or left. Turn signals shall be plainly visible from a

distance of five-hundred feet (500') to the front and rear during normal daylight.

3.SA.412

Brakes

A. Every vehicle shall be equipped with a fully functioning and operable brake system

and every vehicle with more than two (2) wheels shall be equipped with a parking brake

system. The two (2) systems shall be constructed so that failure of any one part, except for

failure of drums, brake shoes, or other mechanical part of the wheel brake assemblies, shall

not leave the vehicle without operative brakes.

B. Upon application of the brake system, every vehicle, at any time and under all

conditions of loading, shall be capable of stopping within forty feet (40') from an initial speed

of twenty (20) miles per hour.

3.SA.414

Windshields

Every vehicle with more than two (2) wheels, except farm and off-road vehicles, shall

be equipped with an adequate windshield and wipers. The windshield shall be free from

obstruction.

3.SA.416

Mufflers

Every vehicle shall at all times be equipped with an adequate muffler in constant

operation and properly maintained to prevent any excessive or unusually loud noise.

3.SA.418

Mirrors

Every vehicle shall be equipped with a mirror (rear or side view).

3.SA.420

Penalties

All equipment infractions must be corrected within three (3) working days from the

date of citation and may be subject to the following fines:

First Offense: Fix-it ticket

Second Offense: Fifty Dollars ($50.00) fine.

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Approved October 2, 2020; Resolution No. PL 098-20

Chapter 5-Traffic/Page 29

Third and Subsequent Offenses: Court appearance and fine up to, but not more

than One Hundred Dollars ($100.00).

3.SA.500

MOVING VIOLATIONS

3.SA.502