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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Traffic Code

Chapter 100. Authority, Purpose, Title, and Definitions

Section 101. Authority

Section 102. Purpose

Section 103. Title

Section 104. Definitions

Section 104. Scope

Section 105. Nonwaiver of Sovereign Immunity

LLOjibwe TC § 101
Section 101. Authority

This Code is enacted pursuant to the inherent sovereign authority of the Leech Lake Band of Ojibwe by authority vested in the Leech Lake Reservation Business Committee, a/k/a Reservation Tribal Council (RTC), by the Revised Constitution of the Minnesota Chippewa Tribe, and as recognized by the United States under Section 16, of the Indian Reorganization Act, 25 U.S.C. Section 476.

Leech Lake Ojibwe Traffic Code § 101, LLOjibwe TC § 101



LLOjibwe TC § 102
Section 102. Purpose

The purpose of this Code is to protect the health, safety and welfare of residents and other persons found within the Leech Lake Indian Reservation, through the establishment of minimum standards for motor vehicle safety on all public roadways within the boundaries of the Leech Lake Reservation in the State of Minnesota.

Leech Lake Ojibwe Traffic Code § 102, LLOjibwe TC § 102




LLOjibwe TC § 103
Section 103. Title

This Code shall entitled Leech Lake Traffic Code.

Leech Lake Ojibwe Traffic Code § 103, LLOjibwe TC § 103




LLOjibwe TC § 104
Section 104. Definitions

A. Terms. The terms used in this Code shall have the meanings subscribed to them as defined below.

B. Band. “Band” shall mean the Leech Lake Band of Ojibwe, a/k/a the Leech Band of Chippewa.

C. Band Member. “Band member” shall mean an enrolled member of the Leech Lake Band.

D. Officer. “Officer” shall mean any police or conservation officer of the Band, and any officer of a federal, state, or local government with which the Reservation Tribal Council (RTC) has entered into an agreement for the purposes of enforcing this Code.

E. Leech Lake Reservation. “Leech Lake Reservation” shall have the meaning and encompass the territory described in Title 1. Judicial Code, Part II, Section 1A.

F. Public Roadway. “Public roadway” shall mean the entire width between the boundary lines of any public street, road or highway when any part thereof is open to the use of the public for purposes of vehicular traffic and includes any area designated or used for public parking of motor vehicles within the Leech Lake Reservation.

G. Registrar. “Registrar” shall mean the registrar of motor vehicles of the Band.

H. Tribal Council. “Tribal Council” a/k/a “RTC” shall mean the governing body of the Leech Lake Band.

I. Motor Vehicle. “Motor Vehicle” or “Vehicle” means every vehicle which is self-propelled. Motor vehicle does not include a vehicle moved solely by human power. Motor vehicle includes automobiles, vans, pickup trucks, trucks, motorcycles, motorized bicycles, all-terrain vehicles, snowmobiles and all similar vehicles.

J. Person. “Person” means every natural person, firm, partnership, association or corporation.

K. Pedestrian. “Pedestrian” means every person who drives or is in actual physical control of a motor vehicle.

L. Owner. “Owner” means a person who holds the legal title of a vehicle or who is entitled to immediate possession of a vehicle.

M. Drive(s) or Operates. “Drive(s)” or “Operates” means being in actual physical control of a vehicle regardless of whether or not such vehicle is moving or stationary, and, regardless of whether or not the engine of such vehicle is then operating as long as the vehicle is operable.

N. Registration. “Registration” means the required registering of ownership of a motor vehicle within the Leech Lake Reservation or within the State of Minnesota pursuant to the provisions of Minnesota Statutes, Chapter 168, and any amendments thereto.

O. Insurance. “Insurance” means the motor vehicle insurance required of every driver, operator, or owner of a motor vehicle.

P. Duties of Driver or Operator Involved in an Accident. “Duties of driver or operator involved in an accident” means those duties imposed upon drivers and operators of motor vehicles involved in motor vehicle accidents within the State of Minnesota pursuant to the provisions of Minnesota Statutes, Chapter 169, and any subsequent amendments thereto.

Q. Intoxicating Liquor. “Intoxicating Liquor” mans an substance which can impair any person's ability to safely operate a vehicle.

R. Minnesota Traffic Regulations. “Minnesota Traffic Regulations” means those provisions of existing Minnesota statutes in effect as of February, 2000, and thereafter relating to the registration, ownership, driving, operation, insuring and use of vehicles within the state of Minnesota, which said statutes are generally found in Chapter 65B, et seq., and in Chapters 168, 168A, 169, 170, and 171 of Minnesota Statutes, and which have been enacted and incorporated by reference into the Leech Lake Traffic Code and which have not otherwise been altered, amended, modified or superseded by specific provisions of the Leech Lake Traffic Code.

S. Other Definitions. Whenever any term, word or phrase is used in the Leech Lake Traffic Code and the definition of such term, word or phrase has not otherwise been defined herein, or is not otherwise clearly discernible from the context in which it is used, but such term, word or phrase has been defined in the traffic regulations of the state of Minnesota then, the definition given to such term, word or phrase in Minnesota traffic regulations shall apply.

Leech Lake Ojibwe Traffic Code § 104, LLOjibwe TC § 104




LLOjibwe TC § 104
Section 104. Scope

The provisions of this Code shall apply to all drivers or operators of motor vehicles within the boundaries of the Leech Lake Reservation, subject to such specific exemptions as are set forth under Section 218 with reference to authorized emergency vehicles, who are persons defined in Title 1. Courts, Part II. B.1 and 4.

Leech Lake Ojibwe Traffic Code § 104, LLOjibwe TC § 104




LLOjibwe TC § 105
Section 105. Nonwaiver of Sovereign Immunity

Nothing in this Code shall be construed to constitute a waiver of the sovereign immunity of the Band as specifically set forth in Leech Lake Code, Title 1, Courts, Part II, Section 2. The sovereign immunity of the Band shall extend to all officers, court personnel, employees and agents of the Band who are engaged in the administration or enforcement of the provisions herein.

Leech Lake Ojibwe Traffic Code § 105, LLOjibwe TC § 105

 

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