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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 15

MOTOR VEHICLE CODE



SECTION I - PART 1. DRIVING WHILE 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:

1. An amount equal to .10 percent by weight of alcohol in his blood, as measured by a blood, breath test, urine test, or other reliable scientific test; or

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

3. Under the influence of marijuana or any controlled drug as listed in the Uniform Control Substance Act to such a degree that he is incapable of safe driving; or

4. Under the influence of a combination of any three of the above to such a degree that he is incapable of safe driving.

Any person convicted of a violation of these provisions may be sentenced to a term of labor or imprisonment not to exceed ninety (90) days, to a fine not to exceed two hundred and fifty dollars ($250.00); or at the discretion of the court, to both such fine and labor or imprisonment. The court may also prohibit or restrict the privilege of the convicted individual to operate a motor vehicle on the Pine Ridge Reservation for a period not to exceed six (6) months.

(Compiler's note: SEE also Section I - Part 8, 9 and 10 regarding the imposition of sentences.)

SECTION I - PART 2. CHEMICAL TEST REQUIRED.

Every person operating a motor vehicle which is involved in an accident or which is operated in violation of any provisions of this Chapter shall, at the request of a law enforcement officer, submit to a blood, breath, urine test, or any other scientific tests used to determine blood alcohol level.

Any person who refuses to take such test shall be guilty of an offense and sentenced to a term of labor or imprisonment not to exceed ninety (90) days; or to a fine not to exceed two hundred and fifty dollars ($250.00); or at the discretion of the Court, to both such fine and labor or imprisonment. The Court may also prohibit or restrict the privilege of such individual to operate a motor vehicle on the Pine Ridge Indian Reservation for a period not to exceed six (6) months.

SECTION I - PART 3. DRIVING WHILE UNDER SUSPENSION.

Any person who operates a vehicle in violation of a lawfully imposed prohibition or restriction, upon conviction, may be sentenced to a term of labor or imprisonment not to exceed thirty, (30) days, or to a fine not to exceed one hundred dollars ($100.00); or at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION I - PART 4. CONSENT TO TEST.

Any person who operates any vehicle on this Reservation shall be deemed to have given his consent to a chemical analysis of his blood, breath or urine for the purposes of determining the amount of alcohol or other drugs in his body.

SECTION I - PART 5. COSTS OF TESTING.

Any person convicted of a violation of any Section in this Chapter shall be liable for the costs of any scientific or chemical tests used to determine the amount of alcohol or other drugs in his body.

In case of a conviction under this Chapter of any Section herein, the costs of the tests shall be taxed as costs against the convicted individual.

SECTION I - PART 6. RECKLESS DRIVING.

Any person who drives any vehicle recklessly and in disregard of the rights or safety of others or without due caution and at a speed or in a manner so as to endanger any person or property shall be guilty of reckless driving.

Any person convicted of a violation of this provision may be sentenced, at the discretion of the Court, to a term of labor or imprisonment not to exceed ninety (90) days, or to a fine not to exceed two hundred and fifty dollars ($250.00), or to both such fine and labor or imprisonment.

SECTION 1 - Part 7. ARREST WITHOUT WARRANT ON PROBABLE CAUSE AFTER ACCIDENT.

A law enforcement officer of the Oglala Sioux tribe's Public Safety Department may, without a warrant, arrest a person for a violation of Chapter 15, SECTION 1 - Part 1 when he has probable cause to believe that the person to be arrested has been involved in a traffic accident and has violated Chapter 15, SECTION 1 - Part 1 and that such violation occurred prior to or immediately following such traffic accident.

SECTION 1 - Part 8. PUNISHMENT FOR PROHIBITED DRIVING - FIRST OFFENSE.

If convicted for a violation of Chapter 15, SECTION 1 - Part 1 is for a first offense, such person is guilty of an offense and the defendant shall be prohibited from operating a motor vehicle upon the public highways of the Pine Ridge Indian Reservation for thirty (30) days; provided, however, the court may in its discretion issue an order permitting such person to operate a motor vehicle for purposes of such person's employment during the hours of the day and the days of the week as set forth in such order. The court shall also fine the defendant upon conviction not less than one hundred dollars ($100.00), plus court costs, and shall sentence the defendant to not less than thirty (30) days in jail. The court may further revoke or restrict defendant's driving privilege for a period of time which cannot exceed one (1) year.

SECTION 1 - Part 9. - PUNISHMENT FOR SECOND OFFENSE - REVOCATION OF DRIVING PRIVILEGE - JAIL SENTENCE FOR DRIVING WHILE LICENSE REVOKED.

If conviction for a violation of Chapter 15, SECTION 1 - Part 1 is for a second offense, such person is guilty of an offense, and the court shall fine the defendant $200.00, plus court costs, and shall sentence the defendant to not less than sixty (60) days in jail. The court shall also revoke the defendant's privilege to drive upon the public highways of the Pine Ridge Indian Reservation for six (6) months. (If such person is convicted of driving without a license during that period, he shall be sentenced to imprisonment for not less than six (6) days, which sentence may not be suspended.)

SECTION 1 - Part 10. PUNISHMENT FOR THIRD OR SUBSEQUENT OFFENSE - PROHIBITION OF DRIVING PRIVILEGE - JAIL SENTENCE FOR DRIVING WHILE PRIVILEGE PROHIBITED.

If conviction for a violation of Chapter 15, SECTION 1 - Part 1 is for a third offense, or subsequent offense thereafter, such person is guilty of an offense, and the defendant shall be fined five hundred dollars ($500.00) plus court costs, and shall be imprisoned for not less than six (6) months. The defendant shall be prohibited from driving any motor vehicle for such period of time as may be determined by the court, but in no event less than one (1) year from the date of his final discharge.

SECTION 1 - Part 11. PERIOD DURING WHICH PREVIOUS CONVICTION CONSIDERED.

No previous conviction for, or plea of guilty to a violation of Chapter 15, SECTION 1 - Part 1 occurring more than five (5) years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third or subsequent offense.

HISTORY: Ordinance 85-05; 86-06 and 87-18.

SECTION II - PART 1. SPEED LIMITS.

1. Except as provided for in subsection 2, below, the maximum speed on any highway in a business or residential district or on a school reserve shall be twenty (20) miles per hour.

2. The Oglala Sioux Tribal Council does hereby reduce the speed limit on main street in Pine Ridge Village to twenty (20) miles an hour and the speed limit in all the housing projects, reservation-wide, to ten (10) miles an hour.

3. The maximum speed when passing a school during recess or while children are going to or leaving school during opening or closing hours shall be fifteen (15) miles per hour.

4. The maximum speed under circumstances other than those defined in subsections 1 and 2 shall be fifty-five (55) miles per hour.

5. Any person who drives in excess of the maximum speed, as provided in this section, or though not driving in excess of such maximum speed, drives at a speed greater than is reasonable under the conditions then existing, shall be deemed guilty of a traffic offense, and upon conviction thereof, shall be sentenced to a fine of one dollar ($1.00) for every mile per hour over fifty-five (55) through seventy (70) miles per hour; two dollars ($2.00) for every mile per hour over seventy (70) miles per hour through eighty (80) miles per hour; three dollars ($3.00) for every mile per hour over eighty (80) miles per hour; and/or to a term of labor or imprisonment not to exceed five (5) days. Speed limits will be enforced through the use of radar and/or other scientific and mechanical devices.

Hist: Amended by Ordinance 87-12.

SECTION II - PART 2. WHEN SPEED LIMIT NOT APPLICABLE.

The speed limitation set forth in Section II, Part 1, shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law, or of persons charged with or suspected of any violation, not to fire departments when traveling in response to a fire alarm, or to public or private ambulances when traveling in emergencies. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard for the safety of others.

SECTION II - PART 3 . STOP AT STOP SIGN REQUIRED.

It shall be the duty of every operator of a motor vehicle to come to a full and complete stop at any intersection marked by a stop sign before proceeding through the intersection. Fine not to exceed $40.00 and costs. It will be at the discretion of the Judge to determine the number of days in relation to the offense.

SECTION III. LAW AND ORDER COMMITTEE AUTHORITY.

The Law and Order Committee of the Oglala Sioux Tribal Council shall have authority to prescribe such forms for the issuance of citations for the violations of this Chapter as they may deemed necessary and appropriate.

SECTION IV. RACING ON HIGHWAY FORBIDDEN.

No person shall drive any vehicle in any race on a highway. Any person convicted of a violation of this provision may be sentenced by the Court to a term of labor or imprisonment not to exceed ninety (90) days, or to a fine not to exceed two hundred and fifty dollars ($250.00); or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION V. RULE OF THE ROAD - USE OF RIGHT HALF OF THE HIGHWAY.

Upon all highways of sufficient width, the driver of a vehicle shall drive upon the right half of the highway, except when overtaking or passing another vehicle.

Upon conviction of violation of this Section, punishment may be imposed not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION VI. PASSING ONCOMING VEHICLES.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving the other at least one-half of the travel portion of the roadway as nearly as possible.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, of five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION VII. 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. The driver of any vehicle traveling at an unlawful or unsafe speed shall forfeit any right-of-way that he might otherwise have.

Upon conviction of a violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and imprisonment.

SECTION VIII. ENTRY OF HIGHWAY FROM ALLEY OR PRIVATE ROAD.

The driver of a vehicle about to enter or cross a public highway from an alley, building, private road, or driveway shall yield the right-of-way to all vehicles approaching on such public highway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00), or to five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment

SECTION IX. YIELDING RIGHT-OF-WAY TO EMERGENCY VEHICLES.

The driver of a vehicle on a highway shall yield the right-of-way to police, fire department vehicles and ambulances when the latter are operated upon official business and the drivers thereof use appropriate signal by siren, whistle, horn and/or warning lights.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed two hundred and fifty dollars ($250.00) fine, or thirty (30) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION X. RIGHT TURNING VEHICLES.

The driver of vehicles 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 closely as possible to the right hand curb or edge of the highway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XI. LEFT TURNING VEHICLES.

The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left hand lane which is available to traffic moving in the direction of travel to the vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection of a lane lawfully available for traffic moving in such direction upon the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XII. TURNING FROM WRONG LANE PROHIBITED AND TURN SIGNAL REQUIRED.

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as defined in Sections X and XI. Signal of an intention to turn right or left when required shall be given continuously during not less than the last two hundred (200) feet traveled by the vehicle before the turn.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or to five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XIII. LEFT TURNING VEHICLES RIGHT-OF-WAY FOR OPPOSING TRAFFIC.

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicles approaching from the opposite direction which is in the intersection or so close as to constitute an immediate hazard.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XIV. DOUBLE PARKING - DRIVING UPON SIDEWALK PROHIBITED.

No person shall double park on any street located in any town or village on the Pine Ridge Indian Reservation. Double parking shall mean parking behind parked vehicles or next to vehicles where parallel parking is allowed.

No person shall drive any vehicle upon a sidewalk area except upon crossing the sidewalk for entry upon a driveway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

Hist: Ordinance 87-04.

SECTION XV. DUTY TO SIGNAL.

The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety and whenever the operation of any other vehicle may be affected by such movement shall give a signal plainly visible to the driver of such other vehicle on the intention to make such movement.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XVI. U-TURN PROHIBITED.

No vehicle within a no-passing zone which is marked as required by this Motor Vehicle Code shall be turned to proceed in the opposite direction, nor may any such turning movement be made unless it can be made safely and without interfering with other traffic.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XVII. PASSING OF VEHICLES.

The driver of any vehicles overtaking another vehicle proceeding in the same direction shall pass with a safe distance to the left. The driver of an overtaking vehicle shall pass in a safe distance to the side of an overtaken vehicle and shall not cut in front of the latter until safely clear of the overtaken vehicle.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XVIII. PASSING ON RIGHT.

The driver of a vehicle may overtake and pass another vehicle upon the right only in conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the highway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XIX. DRIVING TO LEFT OF CENTER.

The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made safely.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XX. PASSING ON CURVES.

No vehicle shall be driven on the left side of the roadway when approaching or upon the rest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the other direction.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor. or imprisonment.

SECTION XXI. NO PASSING ZONE.

The driver of any vehicle shall not overtake and pass any other vehicle proceeding in the same direction when traveling in a no-passing zone on highways or bridges, whether the passing maneuver is safely completed or not.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

The Tribal Law and Order Committee is hereby authorized to determine those portions of any highway where passing of a vehicle would be hazardous and to mark such areas as a no-passing zone by the use of appropriate signs or road markings. Any currently marked as no-passing zones will remain no-passing zones without further Committee action necessary.

SECTION XXII. FOLLOWING TOO CLOSELY.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicle and the traffic upon and condition of the highway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXIII. PEDESTRIANS.

The driver of any vehicle upon a highway shall yield the right-of-way to pedestrians crossing the highway.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed one hundred dollars ($100.00) fine, or five (5) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXIV. ABANDONED VEHICLES - VEHICLES UNATTENDED FOR MORE THAN EIGHT HOURS.

Whenever any vehicle is left unattended on any public road, highway or highway right-of-way for a longer period than eight (8) hours without notifying the Oglala Sioux Police Department, it shall be deemed to be an abandoned vehicle and subject to the provisions of Sections XXV to XXXII, inclusive.

SECTION XXV . MODIFICATION BY TRIBAL ORDINANCE OF ABANDONED VEHICLE PROVISIONS.

The Oglala Sioux Tribal Council may, by ordinance, modify or change any provisions of any of Sections XXIV through XXXI, inclusive, to meet its needs or to clarify the duties of its peace officers.

SECTION XXVI. REMOVAL OF ABANDONED VEHICLES.

Whenever any agent of the Oglala Sioux Tribal Police Department finds an abandoned vehicle, such police officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or place of safety.

SECTION XXVII. VEHICLES BLOCKING TRAFFIC - WRECKED VEHICLES.

A vehicle found unattended upon a bridge or causeway or in any tunnel or where such vehicle constitutes an obstruction and hazard to traffic or a wrecked vehicle may be removed at any time and without regard to the eight (8) hour period provided for in Section XXIV.

SECTION XXVIII. NOTIFICATION TO OWNER OF REMOVAL OF ABANDONED OR WRECKED VEHICLES - RECOVERY BY OWNER.

It shall be the duty of every agent of the Oglala Sioux Tribal Police Department who has provided for the removal of an abandoned or wrecked vehicle to notify the registered owner and if encumbered, the lien holder, by certified mail of the removal and in whose custody such vehicle is entrusted and that the registered owner may recover said vehicle upon the payment of all costs incident to the removal and storage of the same.

SECTION XXIX. SALE OF UNCLAIMED VEHICLE - PUBLICATION OF NOTICE.

If after three (3) months from the date of mailing notice, pursuant to Section XXVIII, the vehicle remains unclaimed, such vehicle may be sold by the Oglala Sioux Tribal Court, as may be designated by its governing body at a public auction, upon notice to be published in the newspaper of general circulation in the county not less than once a week for two (2) consecutive weeks. Such notice shall contain a description of the vehicle, including year, model, serial number, color and license number, if any; a statement that the vehicle was found abandoned and the date thereof, and the place, date, and time at which such vehicle will be sold, which date shall not be sooner than one (1) week following the date of the last publication of notice.

SECTION XXX. TITLE TO UNCLAIMED VEHICLE VESTED IN THE OGLALA SIOUX TRIBAL COURT - DISPOSAL - APPLICATION OF PROCEEDS - NOTICE TO DEPARTMENT AND OWNER.

If after six (6) months from the date of mailing notice pursuant to Section XXVIII, the vehicle remains unclaimed, the title to such vehicle shall be vested in the Oglala Sioux Tribal Court, Which has removed the same and such vehicle shall be disposed of in any manner as may be provided by the responsible governing body. The proceeds of any such disposal shall first be applied to the costs incurred in removing the vehicle with the balance to be deposited to the credit of the General Fund of the Oglala Sioux Tribe.

The governing body of the Oglala Sioux Tribal Court, which has become vested with the title to any vehicle as provided herein shall, within thirty (30) days of so acquiring title, notify the Department of Public Safety thereof and shall provide the Department, on such forms as may be prescribed, all facts and information relevant thereto as it may require. Upon receipt thereof, the Department shall appropriately mark the title and registration records and notify the owner of record at his last known address of the actions taken.

SECTION XXXI. DISPOSITION OF FUNDS RECEIVED ON SALE OF VEHICLES.

After the costs of removing, storing, advertising and selling a vehicle, pursuant to Section XXVIII are deducted, the balance of the sale price shall be held for the owner of such vehicle for a period of ninety (90) days. If such proceeds are not claimed at the expiration of ninety (90) days after the sale, such proceeds shall be paid to the Treasurer of the Oglala Sioux Tribe.

SECTION XXXII. LIEN ON VEHICLE FOR COSTS OF REMOVAL AND STORAGE.

The Oglala Sioux Tribal Court, taking custody of an abandoned or wrecked vehicle under the provisions of Sections XXV to XXXI, inclusive, shall have a possessory lien thereon for the costs in taking custody and storing of said vehicle.

SECTION XXXIII. POLICE TO MOVE VEHICLE TO PLACE OF SAFETY - WHEN REQUIRED.

Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety, any vehicle found upon a highway when report has been made that such vehicle has been stolen or taken without the consent of the owner, or the person or persons in charge of such vehicle are unable to provide for its custody or removal or when the person driving or in control of such vehicle is arrested for an alleged offense for which officer is required by law to take the person arrested before the Oglala Sioux Tribal Court without unnecessary delay.

SECTION XXXIV - PART 1. SCHOOL BUS.

School bus shall mean every vehicle with a capacity of ten (10) or more pupils owned or operated by or for a school or school district, used for the purpose of transporting school children to and from school or used in connection with school activities.

SECTION XXXIV - PART 2. FLASHING RED AND AMBER LIGHTS REQUIRED.

Any school bus with a capacity for ten (10) or more students, used to transport children to and from a public or non-public school shall be equipped on the front and rear thereof, with alternately flashing red signal lights.

SECTION XXXIV - PART 3. USE OF RED AND AMBER LIGHTS BY SCHOOL BUS OPERATOR.

When stopping to receive or discharge pupils, the operator of a school bus shall cause the amber caution lights to be lighted at a distance of not less than three hundred (300) feet, nor more than five hundred (500) feet from the point where said pupils are to be received or discharged from the bus. If the point of receiving or discharging pupils is

(1) On the roadway or in a business or residential district where the speed limit is thirty-five miles per hour or more, the operation shall bring the bus to a stop, turn off the amber caution lights and turn on the red flashing signal lights; or

(2) Off the roadway or in a business or residential district where the speed limit is less than thirty-five miles per hour, the operator shall bring the bus to a stop and continue the amber caution lights.

Upon conviction of violation of this Section, punishment may be imposed in amount not to exceed five hundred dollars ($500.00) fine, or thirty (30) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXXIV - PART 4. DUTY OF MOTORISTS TO SLOW OR STOP IN OBEDIENCE TO AMBER OR RED SIGNAL - EXCEPTION FOR SPECIFIED HIGHWAYS.

The operator of a motor vehicle upon meeting or overtaking a school bus on which the red flashing signal lights are flashing shall bring his vehicle to a complete stop not closer than fifteen (15) feet from the school bus and shall remain stopped until flashing signal lights are extinguished.

Upon conviction of violation of this section, punishment may be imposed in an amount not to exceed five hundred dollars ($500.00) fine or thirty (30) days in jail; or, at the discretion of the court, to both such fine and labor or imprisonment.

SECTION XXXV. FAILURE TO STOP ON SIGNAL OR ELUDING POLICE VEHICLE AS PUBLIC OFFENSE - OFFICER IN UNIFORM - MARKING OF VEHICLE.

Any driver of any motor vehicle who intentionally fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle when given visual or audible signal to bring the vehicle to a stop, shall be guilty of a violation.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed five hundred dollars ($500.00) fine, or six (6) months in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXXVI - PART 1. DUTY OF VEHICLE OPERATOR TO STOP IN CASE OF ACCIDENT - INFORMATION GIVEN - AID TO INJURED PERSONS.

The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address and the name and address of the owners and license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident, reasonable assistance.

SECTION XXXVI - PART 2. DUTY TO STOP AFTER ACCIDENT WITH UNATTENDED VEHICLE OR PROPERTY - LEAVING INFORMATION - REPORT TO POLICE.

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other owner of his name, address and the name and address of the owner and license number of the vehicle he is driving or shall attach securely, in a conspicuous place in or on such vehicle or other property, a written notice giving his name, address and the name and address of the owner and the license number of the vehicle he is driving and shall, without unnecessary delay, notify the nearest office of a duly authorized police authority. Every such stop shall be made without obstructing traffic any more than is necessary.

SECTION XXXVI - PART 3. HIT AND RUN ACCIDENT RESULTING IN DEATH OR INJURY.

Any driver of any vehicle involved in an accident resulting in injury or death or any person who shall fail immediately to stop such vehicle at the scene of such accident and comply with this Section shall be guilty of an offense and the Tribal Court may revoke or limit the privilege of the driver to operate a motor vehicle on the Pine Ridge Indian Reservation, in addition to any other lawful penalties.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed five hundred dollars ($500.00) fine or six (6) months in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXXVI - PART 4. HIT AND RUN ACCIDENT RESULTING IN PROPERTY DAMAGE.

Any driver of any vehicle involved in an accident resulting in damage to property who fails immediately to stop such vehicle at the scene of the accident and give his name and address and the name and address of the owner of the vehicle commits a crime.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed two hundred and fifty dollars ($250.00), or thirty (30) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXXVI - PART 5. DUTY TO GIVE IMMEDIATE NOTICE OF ACCIDENT TO PEACE OFFICERS.

The driver of any vehicle involved in an accident resulting in injuries or death to any person or property damages to an apparent extent of two hundred and fifty dollars ($250.00) or more shall immediately by the quickest means of communication, give notice of such accident to the nearest available peace officer who has jurisdiction.

Upon conviction of violation of this Section, punishment may be imposed in an amount not to exceed two hundred and fifty dollars ($250.00), or thirty (30) days in jail; or, at the discretion of the Court, to both such fine and labor or imprisonment.

SECTION XXXVI - PART 6. ACCIDENT REPORTS NOT PRIVILEGED - FEES FOR FURNISHING COPIES.

Reports pursuant to this Section and the information contained therein shall not be privileged or held confidential. The Superintendent of the Police Department shall collect two dollars ($2.00) for each copy of a report furnished to any person by his office. All sums collected for copies of such reports shall be deposited in the police program for administrative expenses.

SECTION XXXVI - PART 7. DRIVER'S LICENSE REQUIRED.

Every operator of a motor vehicle shall have in his possession while operating a motor vehicle, a valid driver's license. Five (5) days or $25 . 00 fine or both and cost.

Hist: Amendment Section II - Part 3 and Section XXXVI - Part 7 in Ordinance 84-03.

SECTION XXXVII - TRAFFIC CONTROL.

Section 1 - Traffic Controlled by "GO", "CAUTION", lights, signal at place other than intersection . Whenever traffic is controlled by traffic control signals exhibiting the words "go" , "caution", or "stop", or exhibiting difference colored lights successively one at a time, or with arrows, only the colors mentioned in subsection 2 to 5, inclusive, shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as provided by subsection 2 to 5, inclusive.

In the event an official traffic control signal is erected and maintained at a place other than in intersection, the provisions of subsection 1 to 5, inclusive, shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

Section 2 - Meaning of green or "go" signal - Vehicular traffic - Pedestrians. A green light alone or "go" shall indicate that

(1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

Section 3 - Meaning of steady yellow light - Vehicular Traffic - Pedestrians. A steady yellow light alone shall indicate that

(1) Vehicular traffic facing the signal are hereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

Section 4 - Meaning of Steady Red Light or "stop" signal - Vehicular Traffic - Right Turn on Red. A steady red light alone or "stop" shall indicate that

(1) Vehicular traffic facing the signal shall stop before entering the crosswalk in the near side of the intersection or, if none, then before entering the intersection shall remain standing until green or "go" is shown alone, except as hereinafter provided.

( 2 ) The driver of any vehicle which is stopped as close as practicable at the entrance t o the far right side of the roadway, then at the entrance to the intersection in obedience to a red or "stop", signal may make a right turn but shall yield to the right-of-way to any pedestrian and other traffic proceeding as directed by the signal at the intersection. This provision permitting a right turn after a stop when facing a steady red light alone or "stop" signal shall not be effective it any local ordinance prohibits such turn and if a sign is erected at such intersection giving notice thereof.

Section 5 - Meaning of Steady Red Light with Green Arrow - Vehicular Traffic -Pedestrians. A steady red light with green arrow shall indicate that:

(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

(2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

Section 6 - Flashing Red or Yellow Signal. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as provided by subsection ? and 8.

Section 7 - Meaning of Flashing Red Signal. When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

Section 8 - Meaning of Flashing Yellow Signal. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

Section 8 .1 - Lane Direction Control Signals. When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

Section 9 - Pedestrian Control Signals. Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" or any other signals directing stop or walk are in place such signals shall indicate as follows

(1) Walk - Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

(2) Don't Walk - No pedestrians shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing.

Section 10 - Other Traffic Control Devices - Directions by Police Officers. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, and subject to the exceptions granted the driver of an authorized emergency vehicle.

Section 11 - Requirement that Official Signal be in Proper Position and Legible. No provisions of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by the ordinarily observant person.

Section 12 - Traffic Light Control by Law Enforcement Officers. Nothing in this chapter shall be deemed to limit, or encroach upon, the existing authority of Oglala Sioux Public Safety Commission law enforcement officers in the performance of their duties involving traffic light control.

Section 13 - Penalty. Any person convicted of a violation of this Ordinance shall be punishable by a Maximum penalty of ten (10) days in imprisonment in the Oglala Sioux Tribal jail or fifty dollars ($50.00) fine or both.

Hist: Ordinance 89-17; Amended by Ordinance 89-18.

MOTOR VEHICLE LOAD AND WEIGHT LIMITS

Weight and size Limitation

 

Section 1057. Maximum weight of vehicle or combination of vehicles - Axles - Misdemeanor.

No motor vehicle or combination of vehicles operating on a public highway may have a weight

    1. In excess of twenty thousand pounds on any axle, including all enforcement tolerances; or
    2. In excess of thirty-four thousand pounds on any tandem axle, including all enforcement tolerances; or
    3. In excess of the maximum weight on two or more consecutive axles as determined by the formula below. However, in no instances may the gross weight of any vehicle or combination of vehicles exceed eight thousand pounds on the tribal highway.

Two consecutive set of tandem axles may carry a gross load of thirty-four thousand pounds each provided that overall distance between the first and last axles of such consecutive set of tandem axles in thirty-six feet or more. A violation of this section is a Class 2 misdemeanor.

and

The remaining provisions of the proposed Load and Weight Limitations Code be remanded to the Oglala Sioux Tribal Council Judiciary Committee for further review.

History: Ordinance No. 95-02.

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