# Sisseton-Wahpeton — Chapter 27 traffic code

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Asisseton-wahpeton%3Adcbad72220a5513e

## Record

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

## Text

27-02-01

27-02-01

27-02-02

27-02-03

27-02-04

27-02-05

27-02-06

27~02-07

27-03-01

. 27-01-01

SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 27
TRAFFIC CODE
GENERAL PROVISIONS: This code. shall apply to all persons

within.the jurisdiction of the . Sisseton-Wahpeton Sioux .
Tribe. . ¢

DEFINITIONS

Authorized Emergency Vehicle - shall mean vehicles of the

fire department, police vehicles, and such ambulances and

other emergency vehicles designated or authorized as
such.

Laned Roadway - shall mean.a roadway which is. divided
into two. or more clearly marked lanes for vehicular
traffic.
Motor Vehicle ~- shall mean every vehicle which is
self-propelled.

Road or Hi qa hway - shall mean’the entire width between the
boundary lines of every way when any part thereof is open
to the use of the public for purposes of vehicular
travel.

Roadway - shall mean that portion of a highway improved,
designed or ordinarily used for vehicular travel,
exclusive of the berm or shoulder.

Vehicle ~ shall mean every device in, upon, or by which
any person or property is or may ‘be transported or drawn
upon a highway, except devices moved by human power or
used exclusively upon stationary rails or tracks.

Racing: is defined as the use of one or more vehicles in
an attempt to outgain, outdistance, or prevent another
vehicle from passing, to arrive ata destination ahead of
another vehicle or vehicles.

ENFORCEMENT
The Sisseton-Wahpeton Sioux Tribal Police, shall be
responsible for the enforcement of all regulations, rules
and controls as established in this Chapter.

27-5

3.W.S.T.. CODE
of Amendment

i New Adoptiop 7.9 4-01
dicial Approved

YS -3G-Blo

ouncil Adopted

S-Bg-e 05-01 ©

Ps 5.7. CODE
© Amendment

New Adoption, 4 -06-01
cial Approved :

69-6 G -23 - Rk.
sneil Adopted .

5 oU-8BB
———-="" 27-06-02

27-06-03

27-06-04

27-07-01

27-08-01

STATUTE OF LIMITATIONS

No prosecution shall be maintained under this Chapter
unless the action shall have been commenced within one
(1) year after commission of the offense.

SPEED - REASONABLE: AND ‘PRUDENT. .
‘No persori shall drive a vehicle on a highway at a speed
greater than is -reasonable and prudent under existing

“read and-‘traffic conditions. “Speed shall be so.

controlled as may be necessary to avoid collision with
any person, vehicle or other conveyance on or before
entering the highway.

RESTRICTIONS :

The. following restrictions on speed of any vehicle are
prescribed. for roads and highways of the Lake Traverse
Reservation and any violation thereof shall be unlawful.

BUSINESS, RESIDENTIAL, SCHOOL AREA :
The maximum speed on any. highway in business,
residential, or school district shall be 20 mph.

SCHOOL ZONE

The maximum speed when passing a ‘school a@uring recess or
while the children are going to or leaving school during
opening and closing hours shall be as mph.

MAXIMUM. ..SPEED

The maximum speed under circumstances other than those
defined in 27-06-02 and 27-06-03. shall be 55 mph, or as
otherwise posted. A

PENALTIES :

Any person that drives in an excess of the maximum speed
limit, as provided. in this section, or though not driving
in excess of such maximum -speed limit, drives ‘at a speed
greater than. is reasonable under the ‘condition existing
shall be penalized as provided in S.D.C.L.

SPEED LIMIT - WHEN NOT APPLICABLE

The speed limitation set forth in 27-06-02, 27-06- -03 and
27-06-04 shall not apply to vehicles when "operated with
due regard for safety under the direction of a Tribal
Police Officer in the chase or apprehension of violators
of the law, or of persons charged with or suspected of
any such violation, not to fire departments when
traveling in response to a fire alarn, or to public or
private ambulances when traveling in emergencies. This
exemption shall not, however, protect the @river of. any
such vehicles from the consequences of reckless disregard
of the safety of others.

27-6

27-10-01

27-11-01

27-12-01

SWS. GbE 23702
Gy Amendment
(1) New Adoption
Judicial Approved
0-06 -34

Council Adopted
Qe-Ols - 34

27-14-01

27-14-02

@e

27-09-01

UNREASONABLE SLOW SPEED PROHIBITED
No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of

- traffic except when reduced speed is necessary for safe

operation or in compliance with the law. Violation of
this section is a Class F Misdemeanor. a .

SPEEDING ON HIGHWAY - ‘NOT ALLOWED
No person shall drive any ‘vehicle in any race ‘on a

highway. A violation of this section is a Class C
Misdemeanor.

“RECKLESS DRIVING

Any person who drives any vehicle upon a highway
carelessly and heedlessly in disregard of the rights or
safety of others, or ‘without due. caution and
circumspection and at a speed or in a manner as to
endanger or likely to endanger any person or property,
shall be deemed guilty of a Class’ C Misdemeanor.

EXHIBITION DRIVING

Any person who drives a vehicle within the jurisdiction
of the Sisseton-Wahpeton Tribal Court in such manner that
creates or causes unnecessary engine noise or tire
squeal, skid or slide upon acceleration or stopping, or
that simulates a temporary race, or that causes the
vehicle ‘to unnecessary turn abruptly or away, shall be
deemed: guilty of a Class D Misdemeanor.

OPEN CONTAINER . .

No person shall keep in a motor vehicle or have in his
possession while in a vehicle, a bottle or. receptacle
containing alcoholic beverages which has been opened or
the contents of which have been partly consumed. A
violation of this section shall be a Special Class
Misdemeanor, but not to exceed a one hundred ($100.00)
dollar fine, with no jail time.

DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

No person shall drive or be in actual physical control of
any motor vehicle if there is either: An amount equal to
-10 percent by weight of alcohol in his blood, as
measured by a blood, breath, urine or other reliable
test.

INCAPABLE OF SAFE DRIVING

Under the influence of an alcoholic beverage to such a
degree that he is incapable of safe driving.

27-7

27-14-03

27-14-04

.W.S.T. CODE 7-14-05
1 Amendment

New Adoption
- idicial Approved
Ss En

souncil Adopted

1 -04-F4 07-34-06,

W. 5.1. COOL 27=14-07
” Amendment

New Adoption
icial Approved
a a
incil Adopted —
12D4%-3Y 27-24-08
wWis.f
f Amendin.
New Adept
Jicial Approved —
»- AN - 34
duncil Adopted
1-04-24 37-14-09

MARIJUANA OR CONTROLLED DRUGS

Under the influence of Marijuana or any controlled drugs.

as listed in the Uniform Controlled Substance Act (21 .
U.S.C.:, 8-12) to such -a degree: that ‘he ‘is incapable of
safe driving. .

‘COMBINATION OF ‘ALCOHOL AND’ MARIJUANA’

Under the influence. of .a combination of alcohol,
marijuana , oY. any controlled drug to such a degree that
he is incapable of safe driving.

PENALTIES

For the purpose of this section, a mandatory jail
sentence is one. which must. be imposed by the Court.
Nothing in this Chapter. shall be .construed to prohibit
parole being granted on a mandatory sentence pursuant to
SWST Code Chapter 24, Section 24-05-01.

FIRST OFFENSE

$250.00, 30 days in jail, plus court costs.

- Mandatory 3 day jail time. :

~- Driving privileges restricted on reservation for 45
days... :

- Attend DWUL Classes

SECOND OFFENSE .
$360.00 fine,.30 days. ‘in jail, plus: Court, costs.

- Mandatory 15 days in jail, can be released for work
or school

- Driving privileges restricted. for 90 days

- Attend DWUI Classes

THIRD OFFENSE

$500. 00 fine, 6 months in jail, plus Court costs.
Mandatory 6 months in jail but can be released for
work or school

- Driving privileges restricted for 6 months after
jail

- Attend DWUI Classes . oe oF

Whenever possible, .a.person convicted of Third Offense
Driving While. Under the Influence of Alcohol or Drugs

shall be allowed to participate in a residential chemical
dependency treatment program. Credit toward jail time
and/or parole time shall be granted on a day-for-day
basis for all persons who satisfactorily complete such a
progran.

a.

@. cour
-., amendment

i)

7] New Adoption
Judicial Approved
1o-02 -34_-
Council Adopted
jo-62-Bt

27-15-01

wW.S.T. CODE -
* Amendment2.7-16-01

New Adoption ©
icial Approved

uncil Adopted
-Ob-

27-17-01

27-18-01

27-19-01

27-19-02

IMPLIED CONSENT ORDINANCE
Any person suspected of Driving Under the Influence, on
the Lake Traverse Reservation, shall be informed of their

xights,. including the suspension .of their driving

privileges upon the refusal to. submit. to a chemical
analysis of ‘blood, breath, or urine, for the purpose of
determining the amount of alcohol and drugs in their
body... A person’s refusal.to -take’-a chemical test of
blood, breath or urine can be-used against them in Court
at a trial.

WARNING TICKETS
Tribal Police Officers are authorized to issue a warning
ticket to any driver who is in violation of any provision

of this chapter, excluding Driving While Under the
Influence.

CHEMICAL ANALYSIS - LIABILITY OF CosTs

Any person convicted.of a violation or violations of any
section in this Chapter'shall be liable for the cost of
any scientific or chemical test used to determine the
amount of alcohol or other drugs in his body and shall be
taxed as costs against said convicted individual.

ACTION REQUIRED AT STOP SIGN

Except when directed to proceed ‘by a ‘police officer or
traffic control signal, -every driver -of a vehicle
approaching a stop intersection indicated by a stop line,
but if. none, before entering the crosswalk on the near
side of the intersection, or if none,: then at the point
nearest..the intersecting roadway where the: driver has
view.of approaching traffic on the intersection roadway
before entering the intersection. Any person failing to
come to.a full stop as specified.in this section shall be
deemed guilty of a Class F Misdemeanor:

RULES OF ROAD

Upon all highways of sufficient width, the driver of a
vehicle shall drive upon the right half of the highway,
except when over taking or passing another vehicle. Any
person violating this section shall be deemed guilty of
a Class G Misdemeanor.

PASSING ONCOMING VEHICLES

Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, each giving to the
other at least one-half of the travel portion of the
roadway as nearly as possible. Any person violating this
section, shall be deemed guilty of a Class F Misdemeanor.

27-9

27-19-03

27-19-04

27-19-05

27-19-06

27-19-07

27-19-08

27-19-09

RIGHT OF WAY AT INTERSECTION

When .two vehicles approach or ‘enter an intersection at
approximately the same:time, the driver of the vehicle at
the left shall: yield the right-of-way to the vehicle on
the right. _ Any person violating ‘this section shall be
deemed guilty ofa | Class: S Misdemeanor.

YIELDING RIGHT ‘OF ‘WAY: TO ‘EMERGENCY VEHICLES .

any driver -of:a: vehicle on .a highway shall yield the’ -
right-of-way to police officers, fire department vehicles
and ambulances when such vehicles are operated upon
official business and the drivers thereof ‘use appropriate
signal -by..siren, whistle, “horn, and/or warning lights.
Any person violating this: section will be deemed guilty
of .a:Class:F Misdemeanor.

RIGHT TURNING VEHICLES

Any driver-of a :véhicle attempting to turn’ to the right
of an intersection shall approach the intersection in the
lane of traffic nearest to ‘the right “hand side of the
highway and=in turning shall ‘keep as ‘close as possible to
the right ‘hand curve or edge of the highway. Any person
violating this section shall *be deemed guilty of a Class
G Misdemeanor.

BEF? . TURNING VEHICLES:

Any drivers .of a vehicle: intending to turn left at any
intersection -shall approach “the © irittersection in the
extreme left hand lane which>is available ‘to traffic
moving in .W.S.T. CODE

(J) Amendment
(New Adoption
SISSETON-WAHPETON SIOUX TRIBE .— Sudicial Approved
OF THE , _

... DAKE TRAVERSE RESERVATION
.-SISSETON,: SOUTH DAKOTA -57262°— Gouna me 5

TRIBAL COUNCIL ORDINANCE. NO. 80-01.

The Sisseton-Wahpeton. Sioux tribe ‘of the Lake Traverse is

* organized under a Constitution and by laws adopted by the.

members of the tribe on August 1-2, 1966; approved by the
Commissioner of Indian Affairs on August 25, 1966 and,

Article VII (D) to make rules governing the relationship
of the members to the tribe, to tribal property and to
one another as members of the tribe, and to assess fees
of members to effectuate tribal purpose and,

The United States and States of the Union have a policy
for the use of its property and vehicles and,

The Sisseton-Wahpeton tribal government does not have an
Ordinance addressing the use of tribal property and
vehicles,

NOW THEREFORE BE IT RESOLVED, that this tribal council be on record

by this ordinance, that the following rules, and
regulations. be enforced by ‘the tribal court and lawenforcement primarily with operators, tribal vehicles,
equipment, and property;

(1) There will be forms for applications, and forms for
certification (attached)

(2). A-basic requirement will be a valid state drivers
license.

(3) Operating Test:

A. Each applicant will be required to take a
practical operating test administered by a
properly certified examiner. The Tribal
Chairman will certify a skilled operator to be
the examiner. .

B. The certified examiner will develop guidelines
for a written and operating testing procedure.
The Chairman will approve the guidelines
developed.

27-1

|
Hy

(6)

(7)

(4)

Tribal vehicles, equipment, and property shall be

identified as ‘passenger. cars; pick-ups; semi-trucks; .

farm‘ tractors;*combines;: «plows; disks; swathers;
back. hoes; . crawlers; tractors; road graders;
scrapers; cranes; front end loaders; snow blowers on

tractors;" vans; school buses; bull dozers; police -
‘cars; ; ‘ambulances; bobeats; well drilling rigs, etc.

Operating Classification:

A. The issuing office will use a. system of
: classification for the type of equipment used.

Be skilled operator, is ‘operator by profession.

c. Incidental operator, is semi-skilled.

D. Student operator, need tobe under supervision.

E. The issuance of. ‘the -certification ‘of ‘the
applicant, will be according to the standards
in the skilled operators manual.

Qualified Examiner:

A. The. test will tbe witnessed er conducted by the
designee. ‘of the tribal chairman... A current
certified License on ‘heavy’ equipment held by
the applicant would be recognized by the tribe.

Requirements: 3

A. Age.- applicant: must be 18 years old or older.

B. Physical requirements - physical examination by
a qualified medical officer.
Cc. Must have an -annual -physical examination. to
_ retain license.

D. Eye sight - operators must have minimum vision
20/50 in either eye with or without glasses.
Operators must take color test.

E. Must possess valid state drivers license.

(8) Enforcement:

(9)

(10)

A.- Tribal police are given the authority to:
ca Spot check all tribal vehicle operators

. for valid driver’s license. :

2.0: Spot check equipment operators for current:
license. :

3. Check operator for written authority to
operate. Authorization is to be carried
in vehicle when ‘being used.

Violation: All violators will be prosecuted

according to damages entailed and the tribal code.

A. Vehicles and equipment.operated by unauthorized
operators will be impounded.

B. Unauthorized operators. will he prosecuted
according to the Tribal Law Code.

c. Unauthorized operators will be responsible for
any damages to equipment.

D.

All operators will be liable for damages caused
through negligence.

Revocation of tribal operators license will follow

A.

‘this procedure:

D.W.I. ty
ist Offense
2nd. Offense
3rd Offense
4th Offense

30. days to 6 months..
6 months to1 year.
1 year to 3 years. |
Permit to be revoked
indefinitely.

At fault accident
1st Offense - 30 days to 6 months.
2nd Offense - 6 months to 1 year.
3ra@ Offense - 1 year to 3 years.
4th Offense - Permit to be revoked
indefinitely.

Expiration of valid South Dakota license shall
be grounds for revocation of tribal government
license. All traffic offenses will be grounds
for revocation.

27-3
employment.

D. A waiver may be negotiated with the court for @

(21) Council. obligation:

A. All tribal vehicles and equipment shall: be
Clearly. identifiable...

B.: Tribal. insurance to cover all permits.

Cc. Council shall delegate one person to monitor
and develop an operating plan to press charges,
and establish a reporting system.

(12) All opérators will have a written authorization to
operate the vehicles and equipment signed by the
chairman with the designated director and manager.

(13) This ordinance will become effective 30 days after
the approval of the Tribal Council.

(14) All vehicles will contain a log book identifying the

equipment, recording mileage, maintenance received,
‘and name of operator.

CERTICATION

We the undersigned duly elected Chairman and Secretary of the
Sisseton-Wahpeton Sioux Tribal Council, do hereby certify that the
above ordinance was duly adopted ‘by the ‘Sisseton-Wahpeton Sioux
Tribal Council, which is composed of 15 members constituting a
quorum, were present at a Tribal Council meeting duly noticed,
called, convened and held at TiWakan Center, Sisseton, South Dakota
on January _8, 1980, ‘by vote of 14 for, Q opposed, 1 not voting,
and that said ordinance has not ‘been rescinded or amended in any
way.

Dated this 14th day of January, 1980.

Vernon L. Cloud, Tribal Secretary
Sisseton-Wahpeton Sioux Tribal Council

ATTEST:

Jerry Flute, Tribal Chairman
Sisseton-Wahpeton Sioux Tribal Council

ye

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asisseton-wahpeton%3Adcbad72220a5513e. Public record. Not legal advice.