38.02.010 Definitions
In this section, unless the context or subject matter otherwise requires:
(a) "AUTHORIZED EMERGENCY VEHICLES" shall mean
(1) Vehicles owned or leased by the United States Government or the Turtle Mountain Band of Chippewa Indians Tribe, used for law enforcement purposes;
(2) Vehicles of a governmentally owned fire department;
(3) Vehicles when operated by or under the control of a police officer having authority to enforce the provisions of this title pertaining to all motor vehicles or by a salaried employee of any municipal police department within the municipality or by any sheriff or deputy sheriff not to include special deputy sheriffs, or by the warden of the state penitentiary and his authorized agents;
(4) Ambulances;
(5) Vehicles operated by or under the control of the district deputy game warden of the North Dakota Game and Fish Department;
(6) Vehicles designated for the use of the adjutant general and assistant adjutant general in cases of emergency;
(7) Wreckers and such other emergency vehicles as are authorized by the local authorities; and
(8) Vehicles used by civil defense directors while in the performance of emergency duties;
(b) "BICYCLE" shall mean every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty (20) inches in diameter;
(c) "BUS" shall mean every motor vehicle designed for carrying more than ten
(1) passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
(d) "BUSINESS DISTRICT" shall mean the territory contiguous to a highway when fifty percent (50%) or more of the frontage thereon for distance of three hundred (300) feet or more is occupied by buildings in use for business;
(e) "CONTROLLED-ACCESS HIGHWAY" shall mean 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 points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway;
(f) "CROSSWALK" shall mean that part of a roadway at an intersection included within the connections 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 roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;
(g) "DEALER" shall mean every Indian person, partnership or corporation engaged in the business of buying, selling or exchanging motor vehicles, or who advertises or holds himself out to the public as engaged in the buying, selling or exchanging of motor vehicles, or who engages in the buying of motor vehicles for resale.
(h) "ESSENTIAL PARTS" shall mean all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;
(i) "EXPLOSIVES" shall mean any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation or highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or by destroying life or limb;
(j) "FARM TRACTOR" shall include every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry;
(k) "FLAMMABLE LIQUID" shall mean any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed-cup test device;
(l) "GUEST" shall mean and include a person who accepts a ride in any vehicle without giving compensation therefore;
(m) "GROSS WEIGHT" shall mean the weight of a vehicle without load plus the weight of any load thereon;
(n) "HIGHWAY" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;
(o) "HOUSE CAR" shall mean a motor vehicle which has been reconstructed or manufactured for private use as sleeping or living quarters;
(p) "IMPLEMENT OF HUSBANDRY" shall mean every vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway;
(q) "INTERSECTION" shall mean 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 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. Where a highway includes two (2) roadways thirty (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. In the event such intersecting highway also includes two (2) roadways thirty
(1) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection;
(r) "INTOXICATING LIQUOR" shall mean and include any beverage containing alcohol;
(s) "JUDGMENT" shall mean any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state of the United States, upon a cause of action arising out of ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, of upon a cause of action on agreement of settlement for such damages;
(t) "LEGAL OWNER" shall mean a person who holds the legal title to a vehicle;
(u) "MAIL" shall mean to deposit mail properly addressed and with postage prepaid with the United States postal service;
(v) "MANUFACTURER" shall mean any person engaged in the business of manufacturing motor vehicles or trailers;
(w) "METAL TIRES" shall include all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, non-resilient material except that this provision shall not apply to pneumatic tires;
(x) "MOTOR VEHICLE" shall include every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;
(y) "MOTORCYCLE" shall mean 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 in contact with the ground, but excluding implements of husbandry;
(z) "NONRESIDENT" shall mean any person who is not a resident of the Turtle Mountain Jurisdiction;
(aa) "OFFICIAL TRAFFIC-CONTROL DEVICES" shall mean all signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of the Turtle Mountain Band of Chippewa Indians Tribe or official having jurisdiction, for the purpose of regulating, warning, of guiding traffic;
(bb) "OPERATOR" shall mean every Indian person as defined in Section 1.03.010(f) of this Code 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;
(cc) "OWNER" shall mean a person who holds the legal title of a vehicle, or of 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 if 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 title;
(dd) "PEDESTRIAN" shall mean any person afoot;
(ee) "PARK" when prohibited, shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;
(ff) "PERSON" shall include every natural person, firm, co-partnership, association, or corporation;
(gg) "PNEUMATIC TIRES" shall include all tires inflated with compressed air;
(hh) "POLE TRAILER" shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections;
(ii) "POLICE OFFICER" shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations within the Turtle Mountain Jurisdiction;
(jj) "PRIVATE ROAD OR DRIVEWAY" shall mean 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 by other persons;
(kk) "RAILROAD" shall mean a carrier of persons of property upon cars, other than streetcars, operated upon stationary rails;
(ll) "RAILROAD SIGN OR SIGNAL" shall mean any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
(mm) "RECONSTRUCTED VEHICLE" shall mean every vehicle of a type required to be registered hereunder materially altered from its original construction by the removal, addition or substitution of essential parts new or used;
(nn) "RESIDENCE DISTRICT" shall mean territory contiguous to a highway not comprising a business district, when the frontage on such highway for a distance of three hundred feet or more is occupied mainly by dwelling or by dwellings and buildings in use for business;
(oo) "RIGHT OF WAY" shall mean the privilege of the immediate use of a roadway;
(pp) "ROAD TRACTOR" shall mean every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;
(qq) "ROADWAY" shall mean 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;
(rr) "SAFETY ZONE" shall mean the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone;
(ss) "SCHOOL BUS" shall mean every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school;
(tt) "SEMITRAILER" shall include every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by a motor vehicle, except that it shall not include a "house trailer" or "mobile home" as defined in Subsection (ggg) or this section;
(uu) "SIDEWALK" shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
(vv) "SOLID TIRE" shall include every tire made of rubber or other resilient material other than a pneumatic tire;
(ww) "SPECIALLY CONSTRUCTED VEHICLE" shall mean any vehicle under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
(xx) "STAND" or "STANDING" shall mean the halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers;
(yy) "STATE" shall mean a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada;
(zz) "STOP WHEN REQUIRED", shall mean complete cessation from movement;
(aaa) "STOP" or "STOPPING WHEN PROHIBITED", shall mean any halting, even momentarily 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;
(bbb) "STREET" shall mean the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular travel;
(ccc) "THROUGH HIGHWAY" shall mean every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway and in obedience to either a stop sign or yield sign, when such signs are erected by law;
(ddd) "TRACKLESS TROLLEY COACH" shall mean every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails;
(eee) "TRAFFIC" shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purpose of travel;
(fff) "TRAFFIC-CONTROL SIGNAL" shall mean any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed;
(ggg) "TRAILER" shall include every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it shall not include a "house trailer" or "mobile home", which terms shall mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers;
(hhh) "TRUCK" shall include every motor vehicle designed, used or maintained primarily for transportation of property;
(iii) "TRUCK TRACTOR" shall include every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;
(jjj) "TURTLE MOUNTAIN JURISDICTION" shall mean that territory as defined by Section 1.05.020 of this Code;
(kkk) "URBAN DISTRICT" shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a mile or more; and
(lll) "VEHICLE" shall include every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.