Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
TE-MOAK MOTOR VEHICLE ORDINANCE
See the enacting ordinance below.
Article I - Definitions
(1) Highway - Shall mean all streets, roads, and highways within the Colonies/Reservations.
(2) Motor Vehicle - Shall include every mechanical device which may be for transportation or driven by a person upon a highway except vehicles moved by human power, and except farm machinery not ordinarily used for transportation of persons or property on the highway.
(3) Right of Way - Shall mean the privilege of the immediate use of the highway.
(4) Residence District - Shall include the terra business district when the frontage on such road for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings.
(5) Traffic - Shall mean pedestrians, ridden or herded animals, and vehicular conveyances either singly or together, while using said highway for purpose of travel.
(6) Person - Shall mean any Indian subject to the jurisdiction of the Te-Moak Tribal Court.
(7) Driver - Shall mean any Indian subject to the jurisdiction of the Te-Moak Tribal Court, who is in actual control of a vehicle.
(8) Imprisonment - Shall mean confinement to the Band or other authorized jail.
(9) NON-INDIAN - Shall mean any person/persons whom do not have proof of Indian blood degree.
Section 2. Licenses, Registration, and Equipment
It shall
be unlawful for any person to operate a motor vehicle upon any highway
within the jurisdiction of the Te-Moak Tribal Court unless he has in
his possession a current and valid vehicle operator's license, which
under state law entitles him to operate a motor vehicle on the public
highways and unless his vehicle is properly registered, licensed, insured
and equipped in accordance with applicable state law or temporary permit
by the Chief Judge.
Article II - Operation of Motor Vehicles
Section 1. Officers to Enforce Traffic Ordinance
(1) All officers, including Tribal and officers commissioned by the United States Bureau of Indian Affairs and officers commissioned by the Band Council shall have authority to enforce the traffic ordinances of the Te-Moak Tribe of Western Shoshone Indians.
(2) Such arresting officers shall file charges against and bring Indian offenders of these motor vehicle laws before the Te-Moak Tribal Court.
Section 2. Obedience to Traffic Regulations
It shall be unlawful and (unless otherwise declared herein with respect to particular offenses) shall constitute a misdemeanor for any person who fails or neglects to comply with any rule or regulation in this motor vehicle code. Penalty may be a fine of five hundred dollars ($500.00) or six (6) months or both.
Section 3. Obedience to Police Officers
(1) It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of any officer identifying himself as such and vested by this code with authority to direct, control or regulate traffic.
(2) It shall be the duty of every officer seeking to enforce the rules and regulations of this code to have conspicuously displayed upon his person a badge indicating his official authority.
Section 4. Obedience to Traffic Signals
It shall be unlawful for the driver of any vehicle to disobey instructions of any official traffic sign or signal placed in accordance with the provision of this code, unless otherwise directed by a police officer.
Section 5. Interference with Signs and Signals
No person
shall deface, injure or remove any of the official traffic signs or
signals placed or erected as provided in this code.
Article III - Traffic Offenses
Section 1. Driving While Under the Influence of Intoxicating Liquor, Narcotics or Drugs
(1) It shall be unlawful and punishable as provided in subdivision (3) of this section for any person/persons who is intoxicated, under the influence of intoxicating liquor or narcotic drugs, to drive a vehicle upon any road or highway within the jurisdiction of the Te-Moak Tribe of Western Shoshone.
(2) It
shall be be unlawful to possess any open bottle, can, package or container
of alcoholic beverage in the passengers compartment of a motor vehicle
when vehicle is being driven.
(3) Any person convicted of a violation of this section shall
be sentenced to jail for a period not to exceed 60 days or by a fine
not to exceed $300.00 and costs, or both the jail sentence and fine.
A second or subsequent conviction shall
be punished by a jail sentence for a period not to exceed six (6) months
or a fine not to exceed $500.00 and costs, or both.
(A)At the judge's discretion he may suspend, revoke driving privileges on the Te-Moak Tribe of Western Shoshone Lands.(B) Non-Indians shall comply with the NRS.
Section 2. Reckless Driving
(1) Any person who drives any vehicle upon a highway under the jurisdiction of the Te-Moak Tribe of Western Shoshone carelessly and heedlessly in willful or wanton disregard of rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be punished as provided in subsection (2) of this section.
(2) Any person convicted of a violation of this section shall be sentenced to jail for a period not to exceed 30 days or by a fine not to exceed $100.00 and costs, or both the jail sentence and fine. A second or subsequent conviction shall be punished by a jail sentence for a period not to exceed 90 days or by a fine not to exceed $300.00 and costs, or both the jail sentence and fine.
Section 3. Speed Restrictions for Designated Locations
(1) No
person shall drive a vehicle upon any highway at a speed greater than
is reasonable or prudent, having due regard to the traffic, surface,
and width of the highway, and hazards at intersections and any other
conditions then existing. Nor shall any person drive at a speed which
is greater than will permit the driver to exercise proper control of
the vehicle and to decrease speed or to stop as may be necessary to
avoid colliding with any person, livestock, or vehicle.
Said designated speeds are as follows:
A. Fifteen miles per hour:B. Fifteen miles per hour:1. When passing a official school bus stop, or the grounds thereof, or a crossing during school or while children are going to or leaving a school bus during opening or closing hours, or the grounds thereof, or school crossing is indicated plainly by signs or signals.
2. In any business district.
1. In any residence district as defined herein , or
C. Fifty-five miles per hour in other locations except where a lesser speed is posted.
Section 4. Operators License Required
No person shall drive a motor vehicle upon any highway unless such person is the holder of a valid State motor vehicle operator's or chauffeur's license or has a temporary permit issued by the Chief Judge. A temporary permit should seldom be granted and only after consideration of all the circumstances.
Section 5. Emergency Vehicles Exempted from Speed Limits
The speeds designated in or pursuant to the provisions of this code shall not apply to authorized emergency vehicles when operated in emergencies and the drivers thereof sound an audible signal by siren and flashing red lights are visible. This provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
Section 6. Speed Contests on Highways
No motor vehicle race or contest for speed shall be held upon any highway.
Section 7. Drive on Right Side of Highway
All drivers of every vehicle shall drive the same upon the right half of said highway except:
A. When the right half of said highway is out of service.
B. For such reason impassable.
C. When overtaking and passing another vehicle.
Section 8. Passing Vehicles Proceeding in Opposite Directions
Drivers of vehicles proceeding in opposite directions shall pass each other to the left, each driving the other at least half of the main traveled portion of the roadway as nearly as possible.
Section 9. Following Other Vehicles
The driver
of a motor vehicle shall not follow another vehicle more closely than
is reasonable and prudent, having due regard to the speed traffic of
such vehicle and the traffic upon and condition of the highway.
Section 10. Meeting Led or Driven Animals, Duty to Stop on Signal
The operator of a motor vehicle shall bring such motor vehicles immediately to stop and remain stationary, on a signal, by raising the hand, from a person riding, leading or direction, so long as may be reasonable to allow such animal or animals to pass, and, if traveling in the direction, shall use reasonable caution in passing such animals; or the person operating such vehicle is signaled to do so, such person shall cause the motor of such vehicle to cease running so long as shall be reasonably necessary to prevent accident and ensure the safety of others.
Section 11. Turning at Intersections
The driver of a vehicle intending to turn at an intersection shall do as follows:
(1) Approach for a right turn shall be made in the lane for traffic nearest to the right hand side of the highway and the right turn shall be as closely as practicable to the right hand curb or edge of the highway.
(2) Approach for a left turn shall be made in the lane for traffic to the right of the nearest to the center line of the highway and the left turn shall be made by passing to the right of such center line where it enters the intersection, and upon leaving the intersection by passing to the right of the center line of the highway then entered; provided, that the provisions of this subsection shall not apply to passenger vehicles actually engaged in loading or unloading passengers at an intersection prior to making a left turn.
Section 12. Signals on Starting, Stopping or Turning
(1) The driver of any vehicle upon any highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety whenever the operator of any vehicle may be affected by such movement shall give a signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement.
(2) The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be given by a device of a type which is sufficient to give notice.
Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to turn to the left by extending his hand and arm horizontally from and beyond the left side of the vehicle, his intention to turn to the right by extending his hand and arm upward and beyond the left side of the vehicle, and his intention to stop or suddenly decrease speed by extending his hand and arm downward from and beyond the left side of the vehicle. The signal herein required to be given before turning to the right or the left, whether by mean of the hand and arm or by means of an approved mechanical or electrical device, shall be given continuously during the last 100 feet traveled by the vehicle before turning.
Section 13. Turning Around Forbidden on Curves, Crest or Grades
or Between Intersections
The driver of a vehicle shall not turn such vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, or where, by placing of markers, or signs, such reverse turns have been prohibited, or at any place upon the highway where the view of such vehicle is obstructed within distance of 500 feet along the highway in either direction.
Section 14. Exceptions to Right-of-Way
Section 15. Operation of Vehicles on Approach of Authorized Emergency
Vehicles
Upon the approach of any authorized emergency vehicle giving audible signal by siren, the drive of every other vehicle shall immediately drive to a position as near as possible and parallel to the right hand edge or curb of highway, clear of any intersection or other roads and shall stop and remain in such position unless otherwise directed by a police officer or until the authorized emergency vehicle shall have passed.
Section 16. Driving Through Safety Zone Prohibited
The driver
of a vehicle shall not at any time drive through or over a marked safety
zone.
Section 17. Willful Destruction Unlawful
No person shall individually, or in association with one or more others, willfully break, injure, tamper with or remove any part or parts of any motor vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation for any purpose against the will or without the consent of the owner of such motor vehicle or in other manner willfully or maliciously interfere with or prevent the running of such motor vehicle or the operation of same.
Section 18. Taking or Using Vehicles Without Permission: JOYRIDING
No person shall take or use any vehicle without permission or authority from the owner of such vehicle, and the fact that such person did not intend to steal such vehicle shall be no defense to a charge brought against the person under this section.
Section 19. Unlawful to Permit Unlicensed Persons to Operate Vehicles
No person shall, under any circumstances, permit any person to operate a vehicle unless such permittee has a properly issued State or temporary permit authorizing said person to operate said vehicle.
Section 20. Injurious Substance on Highway
No person shall throw, deposit or leave any glass, glass bottles, nails, hoops, wire, cans or any other type of litter likely to injure any person, animal or vehicle upon said highway.
Section 21. Brakes
Every motor vehicle when operated upon said highway or road shall be equipped with brakes adequate to control the movement of the motor vehicle and to stop and to hold such vehicle, including two separate means of applying the brakes and each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
Section 22. Horn and Warning Devices
Every motor vehicle when operated upon such highway shall be equipped with a horn in good working order, capable of emitting sounds audible under normal conditions from a distance of not less than 200 feet, and it shall be unlawful except on an emergency vehicle, for any vehicle, any bell, siren, compression or exhaust whistle or for any person, at any time, to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
Section 23. Flag or Light at End of Load
Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear of the load, during the hours of darkness, a lighted red light or lighted lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required on every vehicle. At any other time, there shall be displayed at the extreme rear of such load a red flag or cloth not less than 12 inches square.
Section 24. When Unlawful to Pass School Buses
(1) Any person operating a motor vehicle upon a highway meeting a school bus with red flashing lights which has stopped on said highway, or the shoulder thereof, for the purpose of receiving or discharging any school children shall completely stop the vehicle before reaching said bus or any point in said highway extended from said bus across and at right angles to the center line of said highway, and said operator shall not proceed with said vehicle as long as any school children are leaving the school bus or crossing the highway. Highway extended from said bus across and at right angles to the center line of said highway, and said operator shall not proceed with said vehicle so long as any school children are leaving the bus or crossing the highway.
(3) It shall be the duty of the driver of any school bus to see that there is displayed in a conspicuous place on the front and rear of said bus the words "School Bus" in letters not less than eight (8) inches in height and of proportionate width and working flashing red lights.
Section 25. Penalties for Violation of Ordinance When Another Penalty
is Not Provided
Every person convicted for violation of this code for which another penalty is not provided shall on conviction thereof be sentenced to jail for a period not to exceed ten days or a fine not to exceed $50.00 and costs, or both the jail sentence and fine; for a second conviction within one year thereafter, such person shall be sentenced to jail for a period not to exceed twenty days or a fine not to exceed $100.00 and costs, or both the jail sentence and fine. Upon the third or, subsequent conviction within one year after the first conviction, such person shall be sentenced to jail for a period not to exceed six (6) months or a fine not to exceed $500.00 and costs, or both the jail sentence and fine.
Section 26. Motor Scooters
A. Any Indian who shall go upon or pass over any Indian or Tribal land, by motor vehicle of every description, including motor bikes, motorcycles, and the like, other than on established roadways, shall be deemed guilty of a misdemeanor and or on conviction thereof shall be sentenced to jail for a period not to exceed ten days or a fine not to exceed $50.00 and costs, or both the jail sentence and fine.
1. Elko Colony, must be 16 years old to operate motor scooters.B. Any non-Indian violating this Ordinance will be reported to the city or County authorities and will be prosecuted in the appropriate courts.2. Wells Colony, any age, a helmet will be required.
3. Section 26 does not apply to South Fork Reservation.
Section 1. Duty to Stop in Event of Accident
(1) The driver of any vehicle involved in an accident resulting in injury to or death to any person or damage to any vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall give his name, address, and the registration number of the vehicle he is driving and shall upon request, and if available, exhibit his driver's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person/persons injured in such accident reasonable assistance.
(2) The driver of any vehicle which collides with another vehicle or object which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a notice giving name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(3) The driver of any vehicle involved in an accident resulting only in damage to fixtures, livestock, or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of the accident and of his name and address and of the registration number of the vehicle he is driving and shall upon request and, if available, exhibit his operator's license, chauffeur's license or temporary permit.
(4) The driver of a vehicle involved in an accident resulting in injury to or death of any person, livestock, or property damage to another or others to an apparent extent of $50.00 or more shall immediately by quickest means of communication give notice of such accident to the local Tribal Police Department.
(5) Any Indian convicted of a violation of this section shall be sentenced to jail for a period not to exceed 6 months or a fine not to exceed $500.00 and costs, or both.
Section 2. Law Officers to Report Accident
Every reservation law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses shall, within 24 hours after completing such investigation, forward a written report of such accident to the Tribal or Bureau of Indian Affairs Police.
Section 3. Traffic Violations Not Covered Herein
Further sections shall be added as needed.
Section 4. Traffic Records
All records
of traffic violations shall be records of the Tribal Court and not transferred
to the State of Nevada.
CERTIFICATION
I, the undersigned, as Chairperson of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Council is composed of 9 members of whom 9 constituting a quorum were present at a duly held meeting on the 7th day of March , 1985, and that the foregoing ordinance was duly enacted at such meeting by an affirmative vote of 8 FOR, 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 4, Section 3(j) (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada, and that said ordinance has not been rescinded nor amended in any form.
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ATTEST:
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ORDINANCE
OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA THAT:
That in accordance with Article 4, Section 3 (j) and (n) of the Constitution of the Te-Moak Tribe, as amended on August 26, 1982, as organized under the Indian Reorganization Act of June 18, 1934, (48 Stat.), as amended by the Act of June 15, 1934, (49 Stat. 378), that this Ordinance to be known as the "Te-Moak Motor Vehicle Ordinance" shall be effective upon passage.