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.