A.
No person may operate a motor vehicle within the Reservation in violation
of any traffic regulation provision of the Michigan Motor Vehicle
Code, MCLA § 257.1 et seq.
B.
All provisions of the Michigan Motor Vehicle Code relating to the
rules of the road, including without limitation MCLA §§ 257.601
through 257.682b, are hereby incorporated by reference as if fully
set forth herein.
C.
Additional regulations. The Police Department is hereby authorized
to promulgate, and present to the Tribal Council for approval, such
additional regulations as may be needed to regulate the operation
of motor vehicles within the Reservation to protect the public, including
speed limits, parking regulations, and other traffic regulations for
all public roads, access roads and parking areas within the jurisdiction
of the Tribe. No person may operate a motor vehicle within the Tribe's
Reservation in violation of any such regulation.
D.
The Police Department is hereby authorized to enter emergency orders
prohibiting traffic or parking on any street or road or portion thereof
within the Tribe's Reservation when conditions so require. The
Police Department shall give such notice of any emergency order as
is reasonable under the circumstance. A violation of any emergency
order entered pursuant to this subsection shall be a civil infraction
punishable by a civil fine.
E.
If necessary for the removal of snow or the safety of the public, the Police Department may order a motor vehicle parked in violation of any traffic or parking regulation prescribed by this chapter, or an emergency order entered pursuant to Subsection D, to be removed and stored at the owner's expense.
A.
No person may operate a motor vehicle within the Reservation in violation
of the vehicle equipment provisions of the Michigan Motor Vehicle
Code, MCLA § 257.1 et seq.
B.
All provisions of the Michigan Motor Vehicle Code related to the
equipment of vehicles, including without limitation MCLA §§ 257.683
through 257.715a, are hereby incorporated by reference as if fully
set forth herein.
C.
No person may operate a motor vehicle within the Reservation in violation
of any such regulation. A violation of such a regulation shall constitute
a civil infraction.
A.
No person may operate a motor vehicle within the Reservation in violation
of the vehicle size, weight and load provisions contained in the Michigan
Motor Vehicle Code, MCLA § 257.1 et seq.
B.
All provisions of the Michigan Motor Vehicle Code related to size,
weight and load restrictions on motor vehicles, including without
limitation MCLA §§ 257.716 through 257.750, are hereby
incorporated by reference as if fully set forth herein.
C.
The Police Department is hereby authorized to set and post size,
weight and load restrictions on tribally maintained roads within the
Reservation. Regulations establishing such restrictions shall be presented
to the Tribal Council for approval.
D.
No person may operate a motor vehicle within the Reservation in violation
of any such regulation. A violation of such a regulation shall constitute
a civil infraction.
A.
Offenses. No person shall park a vehicle, except if necessary to
avoid conflict with other traffic or in compliance with the law or
the directions of an officer or traffic-control device, in any of
the following places:
(1)
On a sidewalk.
(2)
In front of a public or private driveway blocking entry or exit
from said driveway.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk.
(6)
Within 20 feet of a crosswalk, or if there is not a crosswalk,
then within 15 feet of the intersection of property lines at an intersection
of highways.
(7)
In a parking space clearly identified by an official sign as being reserved for use by persons with disabilities which is on public property or private property available for public use, unless the person is a person with disabilities as defined in Article II[1] or unless the person is parking the vehicle for the benefit
of a person with disabilities. In order for the vehicle to be parked
in the parking space, the vehicle shall display one of the following:
(a)
A certificate of identification or windshield placard issued
under MCLA § 257.675 to a person with disabilities.
(b)
A special registration plate issued pursuant to MCLA § 257.803d
to a person with disabilities.
(c)
A similar special certificate of identification or windshield
placard issued by the Tribe to a person with disabilities.
(d)
A similar registration plate issued by the Tribe to a person
with disabilities.
(e)
A special registration plate to which a person with disabilities
tab is attached issued under the Michigan Motor Vehicle Code.
[1]
Editor's Note: See MCLA § 257.19a.
(8)
In a fire lane or area marked for ingress and egress by emergency
vehicles.
(9)
Within 20 feet of the driveway entrance to a fire station and
on the side of a street opposite the entrance to a fire station within
75 feet of the entrance if properly marked by an official sign.
(10)
Alongside or opposite a street excavation or obstruction, if
the stopping, standing or parking would obstruct traffic.
(11)
On the roadway side of a vehicle stopped or parked at the edge
or curb of a roadway.
(12)
At a place where an official sign prohibits stopping or parking.
(13)
In a place or in a manner which blocks or hampers the immediate
use of an immediate egress from an emergency exit or fire escape conspicuously
marked as an emergency exit or fire escape from a building.
(14)
Within 500 feet of a fire when emergency service vehicles or
personnel are present. However, volunteer firefighters responding
to the fire may park within 500 feet of the fire in a manner not to
interfere with emergency services personnel at the scene. A vehicle
parked legally previous to the fire is exempted from this subsection.
(15)
In violation of an official sign restricting the period of time
for, or manner of, parking.
(16)
On a street or highway in such a way as to obstruct the delivery
of mail to a rural mailbox by a carrier of the United States Postal
Service.
(17)
Outside the boundaries of lines so designated for parking within
parking lots or otherwise.
B.
Removal of illegally parked vehicle. Whenever an officer finds a
vehicle in violation of this section, such officer is authorized to
remove such vehicle, or require the driver or other person in charge
of the vehicle to move the same to a position deemed to be legal parking.
Any costs associated with removal of such a vehicle shall be the responsibility
of the driver, owner or lessee of the vehicle as may be determined
to be applicable by the Tribal Court.
C.
Penalty. A violation of any provision of this section shall constitute
a civil infraction punishable by a civil fine in accordance with the
Fine Schedule adopted by the Tribal Council.[2]
[2]
Editor's Note: Refer to Addendum 1, Schedule of Fines and Fees, which is included as an attachment to this chapter.
A.
No person shall operate an off-road recreation vehicle within the
Reservation in violation of any provision of the Natural Resources
and Environmental Protection Act, MCLA § 324.81101 et seq.
B.
All provisions of the Natural Resources and Environmental Protection
Act, MCLA §§ 324.81101 through 324.81150, are hereby
incorporated by reference as if fully set forth herein.
C.
The Police Department is hereby authorized to establish and post
regulations governing the operation of off-road recreation vehicles
within the Reservation. Regulations established by the Police Department
shall be presented to the Tribal Council for approval.
D.
No person may operate an off-road recreation vehicle within the Reservation
in violation of any such regulation. Such violations constitute civil
infractions punishable by a civil fine.
A.
No person shall operate a snowmobile within the Reservation in violation
of any provisions of the Natural Resources and Environmental Protection
Act, MCLA § 324.82101 et seq.
B.
All provisions of the Natural Resources and Environmental Protection
Act, relating to the ownership and operation of snowmobiles, including
without limitation MCLA §§ 324.82101 through 324.82159,
are hereby incorporated by reference as if fully set forth herein.
C.
The Police Department is hereby authorized to establish and post
regulations governing the operation of snowmobiles within the Reservation.
Regulations established by the Police Department shall be presented
to the Tribal Council for approval.
D.
No person may operate a snowmobile within the Reservation in violation
of any such regulation. Such violations shall constitute civil infractions
punishable by a civil fine.
E.
No person shall operate a snowmobile within the Reservation unless
each person aboard the snowmobile is wearing a protective helmet.
A violation of this subsection shall be a civil infraction punishable
by a civil fine of not to exceed $150.
Whenever any provision of state law is incorporated herein by
reference, such incorporation is not intended to be limited to the
law incorporated in effect upon the effective date of this chapter,
but shall include all future amendments and additions to such law
as may from time to time thereafter be made.
A.
Jurisdiction is hereby conferred upon the Tribal Court over prosecutions
for criminal violations and civil infractions of this chapter.
B.
Violations of this chapter which constitute a crime under the Michigan
Motor Vehicle Code, MCLA § 257.1 et seq., shall be treated
in the following manner for purposes of this chapter:
(1)
Such violations shall constitute criminal violations of this
chapter if committed by a member, any other Indian, or any other person
to the extent that such jurisdiction is permitted by federal law.
(2)
Such violations shall constitute civil infractions of this chapter if committed by any person over whom the Tribe is not permitted by federal law to exercise criminal jurisdiction. Such violations shall be punishable by a civil fine as provided in Subsection C. No imprisonment or other penal discipline shall be imposed by such civil infractions.
C.
Violations of this chapter which constitute civil infractions under the Michigan Motor Vehicle Code, MCLA § 257.1 et seq., or which are treated as civil infractions under Subsection B(2), or which are denominated as civil infractions by this chapter, shall constitute civil infractions of this chapter punishable by a civil fine which is the lesser of:
(1)
The amount specifically provided for the offense in this chapter;
or
(2)
The amount specifically provided for the offense in a Civil
Penalty Schedule approved by the Tribal Council; or
(3)
The maximum fine or other penalty which may be imposed for violation
of the cognate provision of the Michigan Motor Vehicle Code.
D.
Notice of any conviction under this chapter shall be sent by the
Administrator of the Tribal Court to the Michigan Secretary of State
when applicable pursuant to the laws of the State of Michigan or any
agreement between the Tribe and the State of Michigan or the Michigan
Secretary of State.
E.
Proceedings for criminal violations of this chapter shall be governed by Chapter 8.8, Criminal Procedures, of the Tribal Code.
F.
Proceedings involving civil infractions of this chapter may be instituted
by the issuance of a Tribal uniform traffic citation issued by a duly
authorized peace officer citing a provision of tribal law or state
law incorporated by reference into this chapter.
A.
The provisions of this chapter shall be enforced by all tribal law
enforcement officers. In addition, every officer empowered by the
State of Michigan to issue uniform traffic citations for violation
of Michigan traffic laws is hereby authorized to enforce the provisions
of this chapter and issue citations to Tribal Court.
B.
In addition to the civil or criminal penalties authorized by this
chapter, the Tribal Court may also suspend or revoke driving privileges
within the Reservation in accordance with the Michigan Motor Vehicle
Code, MCLA § 257.1 et seq.
C.
In addition to any penalty imposed by the Tribal Court, the Court
upon conviction shall order payment of Court fees and costs in the
amount of determined by the Tribal Court.
