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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Traffic Code
Chapter 200. Traffic Regulations

Section 201. Violations

Section 202. Failure to Comply or Obstruction of an Officer

Section 203. Defacement or Removal of Signs

Section 204. Duties of Driver Involved in an Accident

Section 205. Open Bottle Prohibitions

Section 206. Careless or Negligent Driving

Section 207. Reckless Driving

Section 208. Speed Restrictions

209. Impeding Traffic

210. U-Turns

211. Depositing Refuse on Public Roadways or Adjacent Land

212. Wheel Flaps on Trucks and Trailers

213. Motor Vehicle Registration

214. Motor Vehicle Insurance

Section 215. Driver's License

Section 216. Mandatory Use of Seat Belts and Child Passenger Restraints

Section 217. Other Violations

Section 218. Drivers of Emergency Vehicles

LLOjibwe TC § 201
Section 201. Violations

It shall be a violation of this Code for any person while within the boundaries of the Leech Lake Reservation to do any act, whether by omission or commission that would constitute a violation of any specific section of this chapter. Any person adjudged guilty of a violation of this Traffic Code by the Leech Lake Tribal Court shall be subject to the penalties provided in Chapter 300 of this Traffic Code.

Leech Lake Ojibwe Traffic Code § 201, LLOjibwe TC § 201



LLOjibwe TC § 202
Section 202. Failure to Comply or Obstruction of an Officer

It shall be unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of any officer who has been authorized by the RTC to administer or enforce the provisions of this Code or to obstruct the efforts of any officer who is lawfully engaged in the administration or enforcement of this Code.

Leech Lake Ojibwe Traffic Code § 202, LLOjibwe TC § 202




LLOjibwe TC § 203
Section 203. Defacement or Removal of Signs

It shall be unlawful for any person to;

A. without lawful authority, deface, alter, knock down, or remove any official traffic control device or boundary sign, or any part thereof.

B. place or display any red light or red sign or signal or maintain such a light or signal in view of a highway or a railroad line so as to interfere with the effective functioning of a traffic control device or signal.

Leech Lake Ojibwe Traffic Code § 203, LLOjibwe TC § 203




LLOjibwe TC § 204
Section 204. Duties of Driver Involved in an Accident

A. Driver to Stop.

1. Accidents resulting in bodily injury.

The driver of any vehicle involved in an accident resulting in bodily injury or death of any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible under the circumstances, and shall then return to, and in every event, remain at the scene until he or she has fulfilled the requirements of subsection 2 of this section as to the provision of information and assistance. Every such stop shall be made without obstructing traffic more than is necessary.

2. Accidents not resulting in bodily injury.

The driver of any vehicle involved in an accident with a vehicle that is driven or unattended shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible under the circumstances, and shall return to, and in every event shall remain at the scene until he or she has fulfilled the requirements of subsection 2 of this section as to the provision of information and assistance. Every such stop shall be made without obstructing traffic more than is necessary.

B. Driver to Provide Information and Assistance.

The driver of any vehicle involved in an accident resulting in bodily injury or death of any person, or damage to any vehicle which is driven or attended by any person, shall stop and provide the following information to any individual involved in the accident upon request and to any law enforcement officer responding to or investigating the accident:

1. Full name;

2. Address;

3. Date of birth;

4. Registration number of the vehicle he or she is driving;

5. Exhibit drivers license; and

6. Provide proof of insurance, including the name of the insurer, policy number, local agent for the insurer. If proof of insurance is not available at the scene, the driver shall, within seventy-two (72) hours of the accident, provide proof that there was a policy of liability insurance on the vehicle at the time of the accident.

In addition to providing the information required above, the driver shall render reasonable assistance to any person injured in the accident.

C. Collision with unattended vehicle.

The driver of any vehicle which collides with and damages any vehicle that is unattended shall immediately stop and either locate the driver or owner of the vehicle and provide the information required under subsection B of this section or report the same to a law enforcement officer, or leave in a conspicuous place in the struck vehicle a written notice giving the name, address and telephone number of the driver and owner.

D. Notification to law enforcement of personal injury.

The driver of a vehicle involved in an accident resulting in substantial damage to another vehicle or another person's property, or resulting in injury or death of any person shall, after compliance with the provisions of this section, by the most expedient means of communication possible, give notice of such accident to law enforcement.

E. It shall be unlawful for any person to fail to comply with the requirements of the foregoing provisions of Section 204 and any person convicted of having violated the provisions of Section 204.A through D may be sentenced as provided in Chapter 300 of this Traffic Code.

Leech Lake Ojibwe Traffic Code § 204, LLOjibwe TC § 204




LLOjibwe TC § 205
Section 205. Open Bottle Prohibitions

It shall be unlawful for any person to:

A. drink or consume intoxicating liquors or non-intoxicating malt liquors in any motor vehicle, or

B. have in his/her possession or on his or her person while in a motor vehicle any bottle or receptacle containing intoxicating liquor or non-intoxicating malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed, or

C. keep or allow to be kept in a motor vehicle any bottle or receptacle containing intoxicating liquors or non-intoxicating malt liquors that has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or some other area of the vehicle not normally occupied by the driver or passenger if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver or passengers.

Leech Lake Ojibwe Traffic Code § 205, LLOjibwe TC § 205




LLOjibwe TC § 206
Section 206. Careless or Negligent Driving

It shall be unlawful for any person to drive, operate or halt any vehicle upon any public roadway in a careless or negligent manner likely to endanger persons or property but which is not in a manner exhibiting gross negligence or recklessness or exhibiting a willful or wanton disregard for the safety of persons or property.

Leech Lake Ojibwe Traffic Code § 206, LLOjibwe TC § 206




LLOjibwe TC § 207
Section 207. Reckless Driving

It shall be unlawful for any person to drive or operate a motor vehicle in a reckless and/or grossly negligent manner, or with willful or wanton disregard for the safety of persons or property.

Leech Lake Ojibwe Traffic Code § 207, LLOjibwe TC § 207




LLOjibwe TC § 208
Section 208. Speed Restrictions

A. It shall be unlawful for any person to drive or operate a motor vehicle upon any public roadway, or upon a frozen lake, stream or pond, or in any other place open to the general public, including any area designated for the parking of motor vehicles:

1. at other than a careful and prudent speed, not greater or less than is reasonable and proper, having due regard to existing road, traffic and other conditions;

2. at a speed greater than that which will permit the vehicle to be stopped within a clear, assured distance ahead so as to avoid colliding with any person, vehicle, or other conveyance;

3. at a speed greater than the posted limit, or if not posted, then

(i) 10 miles per hour in any school zone when children are present;

(ii) 30 miles per hour in any municipality;

(iii) 65 miles per hour on divided highways;

(iv) 55 miles per hour on public trunk highways; and

(v) 45 miles per hour in other locations.

Leech Lake Ojibwe Traffic Code § 208, LLOjibwe TC § 208




LLOjibwe TC § 209
209. Impeding Traffic

It shall be unlawful for any person to drive a motor vehicle at a speed that is so slow as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with applicable traffic regulations.

Leech Lake Ojibwe Traffic Code § 209, LLOjibwe TC § 209




LLOjibwe TC § 210
210. U-Turns

It shall be unlawful to turn a vehicle so as to proceed in the opposite direction within any intersection, or upon any curve, or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of another vehicle approaching from either direction within one thousand (1000) feet.

Leech Lake Ojibwe Traffic Code § 210, LLOjibwe TC § 210




LLOjibwe TC § 211
211. Depositing Refuse on Public Roadways or Adjacent Land

It shall be unlawful for any person to throw or deposit upon any public roadway any refuse or litter.

Any person who throws or deposits upon any public roadway any material that is likely to be destructive or injurious to persons or property including glass, nails, tacks, or wire, may be sentenced to twice the penalty for violation of this section set forth in Chapter 300.

Leech Lake Ojibwe Traffic Code § 211, LLOjibwe TC § 211




LLOjibwe TC § 212
212. Wheel Flaps on Trucks and Trailers

It shall be unlawful for any truck, trailer, or semi-trailer, except pole trainers and rear-end dump trucks, to be operated without being equipped with wheel flaps or other suitable protection above and behind the rearmost wheels of the vehicle or combination of truck and trailer to prevent, as far as reasonably possible, such wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Flaps or protectors shall have a ground clearance of not more than one-fifth of the horizontal distance from the center of the rearmost axle to the flap under any conditions of loading or operation of the motor vehicle and shall be at least as wide as the tires. Lamps or wiring shall not be attached to any such flap or protector.

Leech Lake Ojibwe Traffic Code § 212, LLOjibwe TC § 212




LLOjibwe TC § 213
213. Motor Vehicle Registration

It shall be unlawful or any person:

A. to drive or operate a motor vehicle within any area of the Leech Lake Reservation open to the public, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, ponds or streams, if the vehicle is not currently registered pursuant to applicable Leech Lake motor vehicle registration laws;

B. who is the owner of a motor vehicle to permit said motor vehicle to be driven or operated within any area of the Leech Lake Reservation open to the public, including any areas designated for the public parking of vehicles, or upon frozen lakes, ponds or streams, if said vehicle is not currently registered pursuant to applicable Leech Lake motor vehicle registration laws.

Leech Lake Ojibwe Traffic Code § 213, LLOjibwe TC § 213




LLOjibwe TC § 214
214. Motor Vehicle Insurance

It shall be unlawful for any person:

A. to drive or operate a motor vehicle within any area of the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds, if the motor vehicle is not currently insured in accordance with the requirements of Minnesota statutes.

B. who is the owner of a motor vehicle to allow said motor vehicle to be driven or operated within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds, if the motor vehicle is not currently insured in accordance with the requirements of Minnesota statutes.

C. who is the owner, driver or operator, of a motor vehicle to fail to provide proof of insurance as required in Section 214.A. or 214.B. of this Code when required to do so by a law enforcement officer.

Leech Lake Ojibwe Traffic Code § 214, LLOjibwe TC § 214




LLOjibwe TC § 215
Section 215. Driver's License

It shall be unlawful for any person:

A. to drive, operate, or be in physical control a motor vehicle anywhere within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds, without possessing a currently valid driver's license or permit issued by an authorized tribal, state or federal government agency;

B. driving, operating or in actual physical control of a motor vehicle anywhere within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds, to refuse or fail, without lawful excuse, to display his/her driver's license or permit to any law enforcement officer who has requested of such person that the same be displayed;

C. whose driving privileges, or whose driver's license or permit is revoked or suspended, to drive or operate a motor vehicle anywhere within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds;

D. who is the owner of a motor vehicle to allow or permit another person to drive or operate the owner's motor vehicle anywhere within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds, if such owner knows or reasonably should know that the driver or operator has not been issued a currently valid driver's or operator's license or permit, or if such owner knows or reasonably should know that the driver's or operator's driving privileges, license, or permit has been revoked or suspended.

E. to drive or operate a motor vehicle contrary to any valid restrictions or conditions imposed on his/her driver's license or permit, anywhere within the Leech Lake Reservation, including any areas designated for the public parking of motor vehicles, or upon frozen lakes, streams, or ponds.

Leech Lake Ojibwe Traffic Code § 215, LLOjibwe TC § 215




LLOjibwe TC § 216
Section 216. Mandatory Use of Seat Belts and Child Passenger Restraints

Except as otherwise provided in subsection C herein it shall be unlawful for any person;

A. to occupy the front seat(s), or if the person is between the ages of four (4) to eleven (11) years, to occupy any seat, of a non-commercial motor vehicle being driven or operated upon any public roadway or in any other place open to the general public within the Leech Lake Reservation, including any area designated for the parking of motor vehicles, unless said person is securely fastened in his/her seat with a properly adjusted and operable seat belt.

B. to drive or operate a non-commercial motor vehicle when any infant or child four (4) years of age or younger present in the vehicle is not properly secured in a child passenger restraint system which meets Federal Motor Vehicle Safety Standards.

C. Exceptions to Safety Belt Requirements:

The safety belt requirements of subsection A of this section shall not apply to the following:

1. a person driving a passenger vehicle in reverse;

2. a person riding in a seat in which all the seating positions equipped with safety belts are in use;

3. a person who is in possession of a written certificate from a licensed physician verifying that the person is unable to wear a safety belt for medical reasons;

4. a person who is actively engaged in work that requires the person to leave a passenger vehicle at frequent intervals and who, while engaged in that work, does not drive the vehicle at speeds exceeding twenty-five (25) miles per hour;

5. a rural mail carrier of the United States Postal Service while in the performance of those duties;

6. a person driving or riding in a passenger vehicle manufactured before January 1, 1965; or

7. a person driving or riding in a pickup truck while engaged in farm work.

Leech Lake Ojibwe Traffic Code § 216, LLOjibwe TC § 216




LLOjibwe TC § 217
Section 217. Other Violations

It shall be unlawful for the driver or operator of any motor vehicle to:

A. fail to stop for a “stop sign” or red traffic control light;

B. fail to yield to any motor vehicle approaching from the right at any intersection or for any vehicle or pedestrian already within said intersection;

C. fail to give way and stop for any approaching emergency vehicle whose emergency lights are flashing or whose siren is being sounded;

D. fail to stop at least fifty (50) feet distant from any marked school bus whose lights are flashing and whose stop arm is extended;

E. pass another vehicle in a zone marked “No Passing”, in an intersection, in the path of an on-coming vehicle, or in any manner in which the pass cannot safely be accomplished without risk of causing damage to another vehicle or injuries to other persons;

F. fail, without lawful excuse, to obey the order(s) of any law enforcement officer directing traffic;

G. cross over the center line of any roadway except for the purpose of lawfully passing another vehicle or to avert an obstruction and, in such an event, only when the vehicle can be brought back into the proper lane without reasonable risk of causing damage to another vehicle or injuries to another person;

H. fail to keep and maintain a reasonable distance between the vehicle being driven and any vehicle immediately ahead;

I. operate a motor vehicle without both headlights and taillights on and in working condition during any period of fog, rain, snow, sleet, freezing rain, drizzle or during the period from sunset to sunrise;

J. fail to signal any turn or stop using appropriate turn signal lights or brake lights as the case may be;

K. drive or operate a motor vehicle which is not equipped with a muffler in good working order and prevents excessive or unreasonable and unusual noise; or which motor vehicle has a cut-out, by-pass or similar device; or which emits or produces a popping or crackling sound; or which is not equipped with such parts and equipment so as to prevent carbon monoxide gas from entering the interior of the vehicle;

L. purposefully flee in a motor vehicle from a law enforcement officer who is in pursuit or has signaled the subject vehicle to stop;

M. operate a motor vehicle in a manner involving acceleration that unreasonably causes the projection of matter, disturbs the peace, or otherwise endangers the safety or well-being of others;

N. to violate any of the following provisions of Minnesota statutes which are hereby adopted by the Leech Lake Band as its law, incorporated herein by reference, and authorized to be enforced against any person subject to the jurisdiction of the Leech Lake Tribal Court.

Minn. Stat. 169.145 (Implements of Husbandry; Speed; Brakes)

Minn. Stat. 169.16 (Speed on Bridges)

Minn. Stat. 169.18 (Driving Rules)

Minn. Stat. 169.19 (Turning and Starting)

Minn. Stat. 201 (Yield Sign)

Minn. Stat. 169.21 (Pedestrians, except subd. (2))

Minn. Stat. 169.22 (Hitchhiking; Solicitation of Business)

Minn. Stat. 169.222 (Operation of Bicycles)

Minn. Stat. 169.25 (Safety Zone)

Minn. Stat. 169.26 (Special Stops at Railroads)

Minn. Stat. 169.28 (Certain Vehicles to Stop at Railroads)

Minn. Stat. 169.29 (Crossing Road with Certain Equipment)

Minn. Stat. 169.29 (Designation of Through Highways)

Minn. Stat. 169.305 subds. 1 and 2 (Controlled Access Rules)

Minn. Stat. 169. 31 (Stop at Sidewalks)

Minn. Stat. 169.315 (Opening and Closing Vehicle Doors)

Minn. Stat. 169.32 (Stopping, Standing, Parking)

Minn. Stat. 169.34 (Prohibitions; Stopping, Parking)

Minn. Stat. 169.35 (Parking)

Minn. Stat. 169. 36 (Brakes to be Set)

Minn. Stat. 169.37 (Obstructing View of Driver)

Minn. Stat. 169.39 (Coasting)

Minn. Stat. 169.40 (Fire Apparatus; Fire Stations)

Minn. Stat. 169.41 (Crossing Fire Hose)

Minn. Stat. 169.43 (Swinging Gates)

Minn. Stat. 169.025 (Application of Motor Carrier Rules)

Minn. Stat. 169.03 subd. 8 (Application of rules to animals or animal drawn vehicles)

Minn. Stat. 169.05 (Private Roadways)

Minn. Stat. 169-33 (Police may move cars).

Leech Lake Ojibwe Traffic Code § 217, LLOjibwe TC § 217




LLOjibwe TC § 218
Section 218. Drivers of Emergency Vehicles

The driver of any authorized emergency vehicle, when responding to an emergency, may enter against the run of traffic on any roadway where there is an authorized division of traffic to facilitate traveling to the area in which an emergency has been reported, may exceed the normal speed limit, or do other acts as necessary and reasonably required under the circumstances to respond effectively to the emergency. No driver of any emergency vehicle shall assume any special privilege except when such vehicle is operated in response to any actual emergency or in the immediate pursuit of any actual or suspected violator of the law.

Leech Lake Ojibwe Traffic Code § 218, LLOjibwe TC § 218

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