San Ildefonso Pueblo Code
Received: 1996
TITLE XIV - DEFINITIONS
CHAPTER 42 - WORDS AND PHRASES USED IN THIS CODE
Sec. 42.1 - Definitions.
The following words and phrases, when used in this Act, shall, for the purposes of this section, except in those instance where the context clearly indicates a different meaning:
(1) "Pueblo" - San Ildefonso Pueblo acting directly or through its duly authorized officers.
(2) "License" - any license, temporary instruction permit or temporary license issued under the laws of this Pueblo or any state or nation (including other Indian tribes) pertaining to the licensing of persons to operate motor vehicles.
(3) "Vehicle" - every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(4) "Motor Vehicle" - every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailer designed for use with such vehicles (except traction engines, road rollers, farm tractors, tractors cranes, power shovels, and well drillers) and every vehicle which is propelled by electric power obtained from overhead wires but not opened upon rails.
(5) "Non-resident's operating privilege" - the privilege conferred upon a non-resident by the laws of any state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in San Ildefonso Pueblo Indian Reservation.
(6) "Non-resident" - every person who is not a Resident of San Ildefonso Pueblo.
(7) "Operator" - every person who is in actual physical control of a motor vehicle.
(8) "Owner" - a person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such condition vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Act.
(9) "Person" - every natural person, firm copartnership, association or corporation.
(10) "Registration" - registration certificate or certificates and registration plates issued under the laws of this Pueblo or any state or nation (including other Indian tribes) pertaining to the registration of motor vehicles.
(11) "Alcoholic liquor" - as used in this Act, "alcoholic liquor" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one half of one percent alcohol, but excluding medicinal bitters.
Sec. 42.2 - Types of Vehicles Defined.
(1) Vehicle. Every device in, upon, or by which any person or property is drawn upon a public highway.
(2) Motor Vehicle. Every vehicle which is self-propelled.
(3) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other agricultural implements.
(4) School bus. Any motor vehicle whether operating under the jurisdiction of the State Board of Education, Bureau of Indian Affairs, Pueblo of San Ildefonso or private school or parochial school interests which as a permanent or temporary seating arrangement or capacity of ten or more persons which is used to transport children, students or teachers to and from schools or to and from any school activity.
(5) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels on contact with the ground but excluding a tractor.
(6) Motor-driven cycle means motorcycle; and.
(7) Motor scooter means motorcycle.
Sec. 42.3 - Types of Persons Defined.
(1) Person. Every natural person, firm or co-partnership, association or corporation.
(2) Operator. Every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) Chauffeur. Every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when used for the transportation of persons or property for compensation.
(4) Owner. A person who holds a legal title of a vehicle.
Sec. 42.4 - Street or Highway.
The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel.
Sec. 42.5 - Person--Pedestrian--Driver--Owner.
(1) Person. Every natural person, firm, co-partnership, association or corporation.
(2) Pedestrian. Any person afoot.
(3) Driver. Every person who drives or is in actual physical control of vehicle.
(4) Owner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Act.
Sec. 42.6 - Local Authorities.
Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state, and the San Ildefonso Pueblo Tribal Council.
Sec. 42.7 - Streets, Roads, Driveways and Highways.
(1) Street or highway. The entire width between the boundary lines of every way of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel.
(2) Private Road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not other persons.
(3) Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder, In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(4) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
(5) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
(6) Through highway. Every highway or portion thereof at the entrances to which vehicular traffic from intersection highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Act.
(7) Controlled-access highway; Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
(8) State highway. Any public highway which has been designated as a state highway either by the, legislature, the State Highway Commission or the Chief Highway Engineer.
Sec. 42.8 - Intersection.
(1) The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two (2) roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.
Sec. 42.9 - Crosswalk.
(1) That part of a roadway at an intersection included within the connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadways.
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or markings on the surface.
Sec. 42.10 - Safety Zone.
The area of space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sec. 42.11 - Stop - Stopping or Standing - Park.
(1) Stop. When required means complete cessation from movement.
(2) Stop, stopping or standing. When prohibited means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
(3) Park. When prohibited means the standing of a vehicle, whether occupied or not, otherwise then temporarily for the purpose of and while actually engaged in loading or unloading.