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St. Regis Mohawk Tribe Code

[1999]

TRIBAL COUNCIL ACT 99-15

SAINT REGIS MOHAWK TRIBAL TRAFFIC CODE OF 1998



ACT RELATING TO TRIBAL TRAFFIC CODE

SECTION 1. TITLE AND CODIFICATION

This act shall be known as the St. Regis Mohawk Tribal Traffic Code of 1998 and codified as Title Chapter of the St. Regis Mohawk code annotated.


SECTION 2. PURPOSE

The purpose of this Tribal Council Act is to establish the Traffic Code of the St. Regis Mohawk Tribe as a non-criminal, Civil Traffic Enforcement Code.

A. These rules are intended to provide for the just determination of every traffic proceeding. Said rules shall be applied to secure simplicity in procedure, fairness in administration, and the elimination of unnecessary delay and expense, and to protect the rights of the individuals while preserving the public welfare.

B. The determination of traffic matters shall be governed by the provisions of this Traffic Code unless otherwise expressly provided for in these rules.


SECTION 3. DEFINITIONS

There are no words or phrases that require statutory definition as part of this enactment.


SECTION 4. JURISDICTION

A. Notwithstanding any inconsistent provision of law, only violations related to traffic as specified by this ordinance as being traffic infractions may be heard and determined in the St. Regis Mohawk Tribal Traffic Court pursuant to the regulations as provided within this Act.

B. The St. Regis Mohawk Tribe shall elect such Judges of Court as may be necessary to hear and determine the specified cases as provided by this statute and may announce officially such further regulations as shall-be necessary or desirable to effect the purpose of this Act. Such regulations shall provide for a schedule of monetary penalties to be used where an answer is made, in admitting a charge, provided that no such penalty shall exceed the maximum fine as established by statute for the traffic infraction involved. The Tribal Traffic Judge or Hearing Officer is specific only to traffic violations.


SECTION 5. SUMMONS: ANSWER

A. SUMMONS.

The St. Regis Mohawk Tribe shall be authorized to prescribe by regulation the form for the summons and complaint to be used for all traffic violations as specified within this Act and to establish procedures for proper administrative controls over the disposition thereof. The Chief of Tribal Police shall prepare or cause to be prepared such records and reports as may be prescribed by the St. Regis Mohawk Tribal Traffic Court.

B. ANSWER

(a) GENERAL

Any person who receives a summons for a violation described in Section 4-A of this code shall answer such summons by personally appearing on the return date at the time and place specified therein. An answer may also be made by mail as provided in paragraphs (b) and (c) of this subdivision.

(b) ANSWER BY MAIL ADMITTING THE CHARGE.

If a person charged with a violation admits to the violation as charged in the summons, he may complete an appropriate form prescribed by the Tribe and forward such form and summons, to the St. Regis Mohawk Tribal Traffic Courts as specified on such summons. If a schedule of penalties for violations has been established, and such schedule appears on the answer form, a check or money order in the amount of the penalty for the violation charged if included in such schedule, must also be submitted with such answer.

(c) ANSWER BY MAIL-DENIAL, OF CHARGES.

If the person charged with the violation denies part or all of the violation as charged in the summons, he may complete an appropriate form prescribed for that purpose and forward such form and summons to the St. Regis Mohawk Tribal Traffic Court as specified on such summons. Upon receipt, such answer shall be entered and a hearing date established by the Court. The Court shall notify such person by return mail of the date, of such hearing .

C. FAILURE TO ANSWER OR APPEAR; ENTRY TO ORDER -

(a) If the person charged with the violation shall fail to answer the summons as provided herein: said person shall receive from the Court Clerk, a second court date that is no later than three months after the initial court date to enter a plea. Also, included in said notice, shall be a written warning stating that failure to answer by  mail or appear in person at the second court date without just cause, is to be considered as a default judgment and an appropriate order as authorized by the provisions herein shall be issued.

(b) Failure to answer or appear in accordance with the requirements of this Section, shall be deemed an admission to the violation as charged and allow for an execution order of seizure and impoundment of the vehicle involved in the violation. In no case shall such an order and fine be entered and imposed more than two years after the date of the alleged violation.

(c) The release of said vehicle shall take place upon payment of the relative violations and surcharges as well as the towing charges of the vehicle plus any other fees as documented by the Tribal Police Department for rental of space within the designated vehicle impoundment yard. Such order and imposition of fines may be avoided, upon entering a plea by mail or by appearance of the second court date.

(d) Upon application in such manner and form as the Court may prescribe and in the interest of justice, and order and fine may be vacated upon the withdrawal of the charge by the police.

(e) Failure to pay for the release of a vehicle from the impoundment yard after the prescribed amount of time on ninety (90) days, shall result in the vehicle to be sold by public auction.

(f) Should a lending institution possess a lien on a vehicle, and said vehicle has been impounded for more than ninety (90) days, the vehicle shall not be released to the lien- holder until payment of the proper impoundment fees have been made. Impoundment fees shall include towing charges as well as the impoundment yard fee.


SECTION 6. HEARINGS; DETERMINATIONS

A. Every hearing for the adjudication of a traffic infraction, as provided by this ordinance, shall be held before a judge as elected by the voters of the St. Regis Mohawk Tribe. The burden of proof shall be upon the Tribe, and no charge may be established except by clear and convincing evidence. The procedures for the conduct of such hearings shall be of a standard as is commonly practiced in the Traffic Courts across North America inclusive of any Tribal cultural considerations as may be deemed appropriate.

B. In any case wherein the People are not ready for the hearing on the scheduled hearing date, the Hearing Officer may order a dismissal of the charge or the adjournment of the hearing to a subsequent time. In any case wherein the People are not ready for the hearing at an ordered adjourned time, the charge shall be dismissed unless the Hearing Officer determines that a substantial traffic safety hazard would result from the dismissal. The St. Regis Mohawk Tribal Policies shall represent the interest of the Tribal Members and shall be prepared to introduce the evidence before a Hearing Officer to which a Tribal Traffic Ticket was issued.

C. After due consideration of the evidence and arguments offered in a contested case, the Hearing Officer shall determine whether the charges have been sustained. Where the charges have not been sustained, an order dismissing the charges shall be entered. Where a determination is made that a charge has been sustained, either in a contested case or in an uncontested case where there is an appearance before a Hearing Officer, or if an answer admitting the charge otherwise has been received, an appropriate order shall be entered in the Tribal Court Records.

D.

(a) An order entered upon the failure to answer or appear or after the receipt of an answer admitting the charge or where a determination is made that a charge has been sustained shall be civil in nature. The court may include such an order and imposition of any penalty authorized by any provision of this ordinance for a conviction of such violation, except that no penalty therefore shall include imprisonment.

(b) All penalties and forfeited security collected pursuant to the provisions of this Article shall be paid to the St. Regis Mohawk Tribe and credited in the following fashion; that all Tribal Court Surcharges of $25.00 be divided as 80% to be deposited into the Tribal Courts Account and 20% into the Tribal general fund; and that any fines imposed by the Court be divided as 80% to be deposited into the Tribal Police Account and 20% into the Tribal General Fund.


SECTION 7. ADMINISTRATIVE REVIEW; APPEALS

A. Appeals Board
  
Until such time as may be determined as otherwise, an interim St. Regis Mohawk Tribal Traffic Court of Appeals shall    consist of three Tribal Members.

B. Right of Appeal

(a) Any person who is aggrieved by a determination of a Hearing Officer may appeal such determination pursuant to the provisions of this Act.

(b) Except as otherwise provided in this subdivision, a transcript of the hearing resulting in the determination appealed from must be submitted on any such appeal.

(c) If the only issue raised on appeal is the appropriateness of the penalty imposed, the Appellant, in his discretion, may submit such appeal without a transcript of the hearing. In such event, the decision of the appeals board may be based solely on the appeal papers and the records of the Tribal Traffic Court.

C. Appeals Board

Each appeal filed pursuant to this Act shall be reviewed by an Appeals Board, which shall make a determination of such appeal, and shall cause an appropriate order to be entered in the records of the Court.

D. Time Limitations.

No appeal shall be reviewed if it is filed more than ten (10) working days after the date of the lower court determination that is being appealed from.

E. Appeals Procedure.

Any person desiring to file an appeal following an adverse determination pursuant to this Act, shall do so in a form and manner provided by the Tribe. The transcript of any hearing which formed the basis for such determination will be reviewed only if the Appellant has submitted all forms or documents required to be submitted by this Act.

F. Transcript Of Hearings.

Transcripts of the record of any hearing may be obtained at the cost to the party who request it. Transcripts shall be made available at a rate of $2.50 per page for originals and $0.25 per page copy.

G. Fees.

The fee for filing an appeal from the St. Regis Mohawk Tribal Traffic Court shall be $75.00 filing fees for an appeal from the Tribal Traffic Court are to distributed as directed by the above mentioned distribution formula. No appeal shall be accepted unless the required fee has been paid in addition to the surcharge and fine imposed by the Traffic Court.

H. Appellant Decision.

The Traffic Court of Appeals shall have twenty (20) working days to render a decision from the time of an appeals filing. A decision by the Tribal Traffic Court of Appeals may award a return to the Appellant of any fine and/or administrative surcharges, and any filing fees for the appeals process. The recovery of funds from the various Tribal Accounts shall be as requested by the Court Administrator to the Tribal Accounting Department.


SECTION 8: RULES OF THE ROAD

A. Provisions To Vehicles Upon Roadways. The provisions of the this title apply upon any public roadway that is within the exterior boundaries of the St. Regis Mohawk Reservation, inclusive of the state highway known as Route 37, and any other common side road that is open to public motor vehicle traffic.

B. Required Obedience To Traffic Laws. It is unlawful for any person to do any act forbidden or fail to perform any Act with respect to this ordinance.

C. The violations as listed within this Act are intended for the safety of those who use the roadways within this territory. The jurisdiction of this ordinance extends to residents and non-residents alike.

D. Traffic Laws That Apply To Animal Transportation. Every person using animal transportation upon a roadway that is within the jurisdiction of the St. Regis Mohawk Tribe, shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this title which by their very nature can have no application.


SECTION 9. TRAFFIC SIGNS, SIGNALS, AND MARKERS

A. Obedience To And Required Traffic Control Devices. Unless otherwise directed by a police officer, every person shall obey the directions of an officially placed traffic control device. Exceptions are granted to authorized emergency vehicles when acting within their scope of work.

B. Proper Position And Legibility of Signs. Should a sign not be in the proper position as it was first officially placed and that the sign was not sufficiently legible to be seen by an ordinarily observant person, no violates of this Section shall be enforced.

C. Whenever Official Traffic Control Devices are placed in position appropriately conforming to Department of Transportation Standards, the information indicated shall be adhered to.

D. Traffic Control Signal Indication. Whenever traffic is controlled by Traffic Control Signals exhibiting different colored lights, or colored lighted arrows, successively, one at a time or in combination, only the colors green, yellow and red shall be used, and said lights shall indicate and apply to drivers of vehicles and to pedestrians as is internationally understood for the purposes intended for such devices.


SECTION 10.

A. Penalties And Disposition Of Fines and Forfeitures. Unless as otherwise noted in Sub-Section B of this Section, every person convicted of a traffic infraction a violation of any of the provisions of this ordinance shall for a first conviction thereof be punished by a fine of not less than twenty five (25) dollars, and not more than one hundred(100) dollars. A conviction for an offense of the same classification within one (1) year from the previous conviction shall be classified as a repeat offender and fined a sum of not less than one hundred (100) dollars and not more than five hundred (500) dollars.

B. If convicted of any of the following regulations, there shall be a minimum fine of no less than one hundred (100) dollars and maximum fine of no more than five hundred (500) dollars.

(a) An open container of an alcoholic beverage in the vehicle

(b) Passing a school bus that has red-flasher on for the purpose of unloading passengers.


SECTION 11.

A. Moving Violations

The offenses specified under the appendix of Traffic Citations as attached herein; describe a particular action or failure to Act that has been determined as being detrimental to safety of the St. Regis Mohawk Tribal Community. Unless otherwise provided for by entry of a guilty plea in answer to any Traffic Violation Charge, a determination shall be made by trial.

B. Equipment Violations

The equipment violations as specified under the Appendix of Traffic Citations as attached herein; describe a piece vehicle equipment; and that upon inspection does mot meet the standards originally intended in order for the vehicle to be operated in a safe and appropriate manner. Unless otherwise provided for by entry of a-guilty plea in answer to any vehicle equipment violation charge, a determination shall be made by trial.


SECTION 12 PROVISIONS AS CUMULATIVE

The provisions of this Act shall be cumulative to existing law. Such terms shall provide for the election of a Traffic Court Hearing Officer under Tribal Election Law.


SECTION 13

No provisions of law are expressly repealed by this enactment.
No current or previous provisions of law are conformed by this enactment.


SECTION 14

The provisions of this Act are severable and if any part or provision shall be held void by any court of competent jurisdiction, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.

 

APPENDIX

TRAFFIC CITATIONS

ST. REGIS MOHAWK TRIBAL COURT

SUBSECTION OFFENSE
318-12 Violation of impoundment procedures (In addition to any other penalty provided by law)
375-1 Knowing disconnecting service brakes on vehicles 18,000 lbs. or more (do not record if in course employment in a vehicle not owned by driver
375-2(a)1 No/inadequate lights
375-2(a)3 No/insufficient tail lamps
375-2(a)4 No/inadequate plate lamp
375-2(b) Dazzling headlights
375-2(c) Unauthorized light
375-2(d) No additional headlights (snowplow) (do not record if in course of employment in a vehicle not owned by driver)
375-3 Failure to dim headlights (meeting/overtaking)
375-4 Unapproved headlights
375-9 No fire extinguisher (Omnibus-10 or more passengers)
375-10(a) No mirror/no left-side view mirror (1968 or later) (do not record if in course of employment in a vehicle not owned by driver)
375-10(b) No right side mirror (Omnibus) (do not record if in course of employment in a vehicle not owned by driver)
375-10(c) Unapproved or not adjustable interior mirror (do not record if in course of employment in a vehicle not owned by driver)
375-11 No safety glass-buses (do not record if in course of employment in a vehicle not owned by driver)
375-12 No safety glass-all other motor vehicles
375-12-a(f) No/illegal front windshield
375-12-a 1 Front windshield
375-12-a 2 Front windshield non-transparent/reflective
375-12-a 3 Rear window reflective/mirrored, side mirrors not mounted on both sides
375-13 Replaced glass that is not safety glass (do not record if -in course of employment in a vehicle not owned by driver)
375-17 Nonadequate/failed to use flares/emergency reflectors (do not record if in course of employment it vehicle not owned by driver)
375-18 Inadequate/no directional signals
375-18 (a) Inadequate/no traffic hazard warning lights
375-19 Operation/permitting operation of inadequately equipped vehicle (owner) (do not record if in course of employment in vehicle not owned by driver)
375-20(a) No flashing red light on school bus
375-20(b) No school bus signs
375-20(c) Inadequate school bus signs
375-20(d) Signs not illuminated
375-20(e) No front mirror (school bus)
375-20(g) Failure to change markings/color-school bus-15 days
375-21 School bus improper color
375-21 (a) Failure to alter color/markings of New York State Police vehicle
375-22 Visibility distorted (broken, fractured, discolored glass)
375-23 No door handles (for hire vehicles)
375-24 Improperly equipped with television receiver
375-24a MV/MC/bicycle with more than one earphone on
375-25a Inadequate/no splash guards
375-25b Improper mounted splash guards
375-26 Unlawful use of siren or gong
375-27 Inadequate/no red flag/light on load
375-28 Unnecessary smoke
375-28(a) Removal, dismantling or interfering with pollution control system
375-28(b) Inadequate/no air contaminant emission control system
375-28(c) Inadequate/no ECS
375-29(a) Improper towing/more than one vehicle
375-29(c) Connection longer than 16 feet
375-29(d) no license driver in towed vehicle
375-30 Driver's view obstructed
375-31 Inadequate/no muffler
375-31(a) Sale, installation or use of motorcycle "straight pipes"
375-31-b Sale or use of illegal motorcycle exhaust device
375-34 No backup lights
375-35(a) Prohibited use of studded tires (May 1 to Oct. 15)
375-35(c) Unsafe tire
375-39 No/inadequate defroster
375-40 Inadequate or no stop lamps (1951 or older)
375-40 Inadequate or no stop lamps (1952 or newer)
375-41-1 Unauthorized lights (improper color)
375-42 Unlawful speedometer
375-43 Sale of vehicle lacking legal equipment - (dealer)
375-44 Operating driver education vehicle with no student driver sign displayed
375-45 No/failed to display reflective placard (Hydrocarbon Fuel)
375-46 Tamper resistant odometers (manufactured after 7/1 /91)
375-47 Operating an amplification system at greater than 80 Db.
375-48 Bumper violations (eff. 1 /1 /89)
375-49 Warning light on tilt bed trucks
376-1(a) Lighting violations on vehicles and trailers
376-2 Insufficient wiring-commercial vehicle
376-3 Unapproved lights/signals
380-(a) Failure to cover loose cargo
381-1(a) Inadequate brakes (motorcycle)
381-2a Unapproved lights (motorcycle)
381-3 Unauthorized lights (motorcycle)
381-4 Inadequate/no reflector (motorcycle)
381-5 Improper handlebars (motorcycle)
381-6 Unapproved or no protective helmet (motorcycle)
381-7 Unapproved/no goggles/face shield (motorcycle)
381-8 Unapproved windscreen (motorcycle)
381-10 No rear view mirror (motorcycle)
381-11 Inadequate/altered/no/modified exhaust system (motorcycle)
381-12 Operation of motorcycle with illegal exhaust device
382-b Improper service brake system
382-c Inadequate/no occupant compartment protection
383-1(a) No safety belts front seat, 1965 or later
383-1(b) No safety belts for each passenger, 1967 or later
383-1(c) No safety belts for each seat position, 1968 or later
383-3 Unapproved safety belts (sale)
383-4 Sale of certain vehicles without safety belts
383-4a Failure to equip school bus with safety belt for driver
383-4-a Failure of school bus driver to use safety belt
383-51(a) Improper safety belts - school belts
383-5(b) Improper safety belts - retrofitted school buses
385-1(a) Overwidth vehicle
385-1(b) No red flags
385-1(c) Overwidth farm vehicles
385-1(d) Overwidth school bus
385-2 Overheight vehicle
385-3(a) Overlength vehicle -single vehicle
385-3(b) Overlength semi-trailer 45 feet
385-3(c) Overlength bus/more than 40 feet
385-3(e) Overlength semitrailer 48 feet
385-4(a) Overlength vehicle - combination
385-6 Overload on tires
385-7 Overload on wheels
385-8 Overload on axle
385-9 Overload on consecutive axles
385-10 Overloaded vehicles (3 or more axles)
385-11 Overloaded solid rubber tires
385-12 Overloaded metal tires
385-14 Exceeding bridge capacity/clearance
385-15 No overweight/size permit
385-17a Overload state/municipal equipment
386-3a Excessive noise/moving
386-3b Excessive noise/stationary
386-3c Excessive noise/operating/motor vehicle
386-3d Excessive noise/operating/motorcycle
396-1 Unauthorized federal / state / municipal shield / lettering
396-2 Unauthorized police shield/ seal/ lettering
396-3 Unauthorized fire department/shield/seal/lettering
397-a Radar Detector in vehicle greater than 18,000 pounds
401-7e2 Improper use of agricultural truck
401-7fb Overweight on registration (single vehicle)
401-8c Overweight on registration (combination)
401-8d Overweight on registration (certain trailers)
401-13 Improper operation of vehicle with farm registration
402-1 In distinctive plate / one plate / dirty / insecure / obstructed (if parked, treated as parking violation)
600-1 a Leaving scene of property damage accident
1101 Forbidden act or failure to perform a required act
1102 Failed to comply with lawful order of police officer/flag person
1110-a Failed to obey traffic control device
1111-(a)1 Failed to yield right of way/green light
1111-(a)2 Failed to yield green arrow
1111-(B)3 Pedestrian crossed against yellow signal
1111-(d)1 Passed red light
1111-(d)2a Failed to yield right on red
1111-(d)2b Failed to yield left on red
1111-(d)3 Passed red arrow
1111-(d)4 Pedestrian crossed on red signal
1111-(d)5 School bus w/passengers made illegal I/r turn on red
1111-(e) Failed to obey traffic signal ahead
1113-(a) Passed flashing red light
1113-(b) Proceeded through flashing yellow light without caution
1114-1(a) Placed/maintained/displayed unauthorized traffic control device
1114-(b) Commercial advertising on traffic control device
1115-(a) Defacing, altering, removing official traffic control device
1116-(d) Traveling in lane controlled by red signal
1120-(a) Failed to keep right
1120-(b) Failed to keep right (slow moving vehicle)
1120-(c) Failed to keep right (4 or more traffic lanes)
1121 Failed to yield one half of roadway
1122-(a) Passed vehicle on right
1122-(b) Failed to give way to the right
1123-(b) Left pavement to pass on right
1124 Unsafe passing
1125-(a)1 Drove to left at hill crest/curve
1125-(a)2 Drove to left on railroad crossing
1125-(a)3 Drove to left bridge/tunnel
1126-(a) Drove to left of pavement markings (no passing zone)
1127-(a) Drove wrong way on one-way street
1127-(b) Drove wrong way (traffic island)
1128-(a) Moved from lane unsafely
1128-(b) Driving in center lane
1128-(c) Failed to use designated lane
1128-(d) Drove across hazardous markings
1129-(a) Following too closely
1129-(b) Failed to leave sufficient space (combination of vehicles)
1129-(c) Failed to leave sufficient space (caravan / motorcade)
1130-(1) Driving across or within divided space barrier of divided highway
1130-(2) Improper entrance or exit from controlled-access highway
1131 Driving on shoulders and slopes
1140-(a) Failed to yield right of way - approaching intersection
1140-(b) Failed to yield right of way - in intersection
1141 Failed to yield right of way - left turn
1142-(a) Failed to yield right of way - stop sign
1142-(b) Failed to yield right of way - yield sign
1143 Failed to yield right of way entering roadway
1144-(a) Failed to yield right of way emergency vehicle
1145 Failed to yield at traffic circle
1146 Failed to use due care for bike/pedestrian or animal
1146-a Approaching horses
1151-(a) Failed to yield right of way to pedestrian
1151-(b) Pedestrian proceeded into path of vehicle
1151-(c) Passed stopped vehicle at crosswalk/intersection
1151-a Failed to yield to pedestrian on sidewalk (emerging from driveway/alleyway)
1160-(a) Improper right turn
1160-(b) Improper left turn (two way street)
1160-(c) Improper left turn (one way street)
1160-(d) Failed to turn as required
1160 U-turn at grade/curve
1162 Unsafe start
1163-(a) Improper or unsafe turn/without signal
1163-(b) Failed to signal for turn (insufficient notice)
1163-(c) Failure to signal stopping (decreasing speed) .
1163-(d) Improper/no signal
1165 Improper hand signals
1166-(a) Improper right turn (from roadway to alley/driveway, etc.)
1166-(b) Improper left turn (from roadway to alley/driveway, etc.)
1166-(c) Improper left turn (one-way roadway)
1170-(a) Failed to stop at railroad crossing
1170-(b) Drove through/around/under railroad barrier
1171-(a) Failed to stop at railroad crossing (certain vehicles)
1172-(a) Failed to stop for stop sign
1172-(b) Failed to stop for yield sign (when required)
1173 Failed to stop emerging from alley/driveway, etc.
1174-(a) Failed to stop for school bus
1174-(b) Failed to keep school bus halted/lighted (driver)
1175 Obstructed traffic at intersection
1176 Obstructing highway/railroad grade crossing
1180-(a) Speed not reasonable and prudent
1180-(b) Speed over state limit - 55 mph
1180-(c) Speeding in school zone
1180-(d) Speed in zone
1180-(e) Failure to reduce speed (special hazards)
1180-(f) Speed in construction zone
1180-(g) Speeding using radar detect in vehicle greater than 18,000 pounds
1181-(a) Driving too slow (impeding traffic)
1181-(b) Driving below minimum posted speed limit
1200-(d) Failed to obey sign-stopping/standing/parking
1201-(a) Stopping/standing/on pavement
1202-a-1 Double parking/parking/stopping/prohibited places
1202-a-2 Parking/standing is specific prohibited places
1202-a-3 Parked within 50 feet of railroad crossing
1202-a-3b Stopped/standing/parked within 15 feet of fire hydrant
1202-a-3c Moved vehicle into prohibited area/away from curb
1203-(a) Angle parking/stopped/standing or parked more than 12 inches from curb/edge of two-way roadway
1203-(b) Parked/stopped more than 12 inches from curb edge of one-way roadway
1203-(b)2 Handicapped parking
1203-(c) Parked in wrong direction
1203-(d)1 Parked on highway for sale
1203-(d)2 Parked on highway for repair
1203-c-4 Non-permit use of handicapped parking space
1203-a Dumping snow unto handicapped parking space
1210-(a) Unattended vehicle/engine running/keys in ignition/brakes not set, etc.
1211-(a) Unsafe backing
1213-(a) Driver's view/control obstructed/more than three in front seat
1213-(b) Interfered with driver's view or control
1214 Opened door unsafely
1217 Drove into (parked) within block where fire apparatus stopped
1218 Crossed fire hose
1219-(a) Threw/deposited glass/hazardous material on highway
1219-(b) Failed to remove hazardous material from highway
1220-(a) Threw/deposited refuse or nauseous/offensive matter on highway/adjacent lands
1221 Drove through/within safety zone
1124-(7) Abandoned vehicle
1225 Avoiding traffic control device/intersections
1225-(a) Driving on sidewalk
1226 No hands on wheel/steering device
1227-1 Consumption of alcoholic beverage in motor vehicle
1228 Riding in/drawing occupied house/coach trailer
MOTORCYCLE
1251-(a) Two on seat for one
1251-(b) Riding side-saddle/not on seat
1251-(c) Carrying articles/both hands not on handlebars .
1251-(d) Interfered with cycle operator's view or control
1252-(a) Interfered with motorcyclist's use of hand
1252-(b) Unsafe passing
1252-(c) Operating motorcycle between lanes of traffic
1252-(d) Operating more than two abreast
1253 Attaching motorcycle/clinging to other vehicle
ALL TERRAIN VEHICLES (ATV - 3 AND OR 4 WHEELERS)
2403-1 Operation on public state highways other than crossing of highway
2403-2 Operation on public lands other than state highways unless as designated
2404-3 Operation on private property without owner's consent
2404-1(a) Speed not reasonable & prudent
2404-1(b) Reckless driving
2404-1(c) Operation on railroad tracks or right-of-way
2404-1(d) Operation in tree nursery
2404-1(e) Pulling or towing with non-rigid connection
2404-1(f) Operating on frozen public waters; or within 100 feet of another person (not on ATV) or fishing shanty
2404-1(g) Operating within 100 feet of dwelling (12:00 midnight to 6:00 a.m.)
2404-1(h) DWI/drugs
2404-2(a) Failure to yield right-of-way-authorized emergency vehicle
2404-2(b) Failed to comply with order
2404-3 Riding on sled/sleigh without rigid connection
2404-4 Riding upon other than permanent seat or operating with such a rider

Whereas, The Saint Regis Mohawk Tribal Council is the duly recognized governing body of the St. Regis Mohawk Reservation, and;

Whereas, the Tribal Council is responsible for promoting the health, safety and general welfare of all Tribal community members, and;

Whereas, The Tribal Council has authorized the development of a comprehensive law development program to establish revised laws needed for effective governance on the Saint Regis Mohawk Reservation, and;

Whereas, an ordinance known as The Saint Regis Mohawk Tribal Traffic Code of 1998 has been written; and the purpose of this act is to establish tribal rules for the traffic code of the Saint Regis Mohawk Tribe with the intention that these rules provide for the just determination of every traffic proceeding and are applied to secure simplicity in procedure, fairness in administration, the elimination of unnecessary delay and expense, and to protect the rights of the individual while preserving the public welfare.

NOW THEREFORE BE IT RESOLVED THAT THE TRIBAL COUNCIL AUTHORIZES:

that an ordinance known as The Saint Regis Mohawk Tribal Traffic Code of 1998 is hereby duly adopted as part of the laws of the St. Regis Mohawk Tribe; and

BE IT FURTHER RESOLVED

that this law be codified in accordance with the procedures provided for in the Tribal Law Development, Interpretation and Codification Procedures Act of 1994.

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