[Adopted 3-5-2020 by Ord. No. 19-41]
A.
Purpose. The Menominee Indian Tribe of Wisconsin finds that registration
of motor vehicles on all lands within the exterior boundaries of the
Reservation is necessary in order for the Tribe to be able to regulate
motor vehicle traffic on all lands within the exterior boundaries
of the Reservation. It is also the purpose of the Tribe in enacting
this article to provide for the orderly registration of vehicles owned
by tribal members and located on the public roads and highways of
the Tribe's reservation, to assist law enforcement in identifying
the owners of such vehicles, to prevent fraudulent transfers, theft,
conversion, or other wrongful transactions or use of vehicles, to
provide positive identification of vehicles within the service area
in cases of emergency, and to provide revenue to the Nation through
the levying of fees and charges for the privilege of operating vehicles
within the service area.
B.
Authority. The Menominee Indian Tribe of Wisconsin, under its inherent sovereign powers, controls the access and presence of persons on all lands within the exterior boundaries of the Reservation. Pursuant to the inherent powers of the Menominee Indian Tribe of Wisconsin to exercise civil regulatory authority in such matters under Article III, Section 1, of the Constitution of the Menominee Indian Tribe of Wisconsin, the Menominee Tribal Legislature has enacted this Menominee Indian Tribe of Wisconsin motor vehicle registration article to regulate motor vehicle traffic licensing on all lands within the exterior boundaries of the Reservation.
C.
Application. The provisions of this article shall apply any person
subject to the jurisdiction of the Tribe and to vehicles owned and
operated by the governing body of the Menominee Indian Tribe of Wisconsin.
For the purposes of this article, the following words or phrases
shall have the meanings set forth below:
A motor vehicle designed and used primarily for carrying
persons but which does not come within the definition of a motor bus,
motorcycle, or moped.
The Enrollment/Licensing and Permits Department or any other
department of the Tribe, with the authority to implement and administer
this article.
The weight of the vehicle equipped for service plus the weight
which the vehicle is carrying as load.
All public ways, thoroughfares, and bridges on the same.
It includes the entire width between the boundary lines of every way
open to the use of the public as a matter of right for the purposes
of vehicular travel.
The numbers, letters, or combination of numbers and letters
assigned by the manufacturer of a vehicle or vehicle part or by the
Department and stamped upon or affixed to a vehicle, also known as
a "vehicle identification number (VIN)," or vehicle part for the purpose
of identification.
Any of the following motor vehicles capable of speeds of
not more than 30 miles per hour with a 150-pound rider on a dry, level,
hard surface with no wind, excluding a tractor, a power source as
an integral part of the vehicle and a seat for the operator:
A bicycle-type vehicle with fully operative pedals for propulsion
by human power and an engine certified by the manufacturer at nor
more than 130 cubic centimeters or an equivalent power unit;
A Type 1 motorcycle with an automatic transmission and an engine
certified by the manufacturer at not more than 50 cubic centimeters
or an equivalent power unit.
A motor vehicle designed to be operated upon a highway for
use as a temporary or recreational dwelling and having the same internal
characteristics and equipment as a mobile home.
Every device in, upon, or which any person or property is
or may be transported or drawn upon a highway, except railroad trains.
A snowmobile shall not be considered a motor vehicle.
A motor vehicle, excluding a tractor, all-terrain vehicle,
or a utility terrain vehicle, which is capable of speeds in excess
of 30 miles per hour with a 150-pound rider on a dry, level, hard
surface with no wind, with a power source as an integral part of the
vehicle, and which meets any of the following conditions:
Type 1 is a motor vehicle, which meets either of the following
conditions:
Is designed and built with two wheels in tandem and a seat for
the operator, and may be modified to have no more than three wheels
by attaching a sidecar to one of the side wheels in tandem without
changing the location of the power source; or
Is designed and built to have no more than three wheels, seating
for the operator and no more than three passengers, and does not have
the operator area enclosed.
Type 2 is a motor vehicle designed and built to have at least
three wheels in contact with the ground, a curb weight of less than
1,500 pounds, and a passenger and operator area with sides permanently
enclosed with rigid construction and a top which may be convertible.
A citation for parking a motor vehicle in violation of a
statute, ordinance, or resolution of the Tribe or the State of Wisconsin.
Territory other than all lands within the exterior boundaries
of the Menominee Indian Tribe of Wisconsin Reservation, including
the State of Wisconsin, and any state or tribal nation.
A person who holds the legal title of a motor vehicle, except
that if legal title is held by a secured party with the immediate
right of possession of the motor vehicle vested in the debtor, the
debtor is the owner for the purposes of this article.
Any person with a disability as defined by the Americans
with Disabilities Act of 1990, 42 USC 12101 et seq., so far as applicable,
or any persons who meet the following conditions:
Cannot walk 200 feet or more without stopping to rest.
Cannot walk without the use of, or assistance from, another
person or brace, cane, crutch, prosthetic device, wheelchair, or other
assistive device.
Is restricted by lung disease.
Uses portable oxygen.
Has a cardiac condition to the extent that functional limitations
are present.
Is severely limited in the ability to walk due to an arthritic,
neurological, or orthopedic condition.
A name, street address, post office box number, or nine-digit
extended zip code.
Registration plates for a motor vehicle registered under
this article, which display a registration composed of letters, numbers,
or both, requested by the applicant.
A person who has applied for and received registration plates
for a motor vehicle under this article.
All lands within the exterior boundaries of the Reservation
of the Menominee Indian Tribe of Wisconsin, as created pursuant to
the Menominee Tribe of Wisconsin Restoration of Federal Supervision
Act, and any lands added thereto pursuant to federal law.
A motor vehicle of any age, which has not been altered or
modified from original manufacturing specifications and, because of
its historic interest, is being preserved by hobbyists.
The Menominee Indian Tribe of Wisconsin.
Every motor vehicle 80,000 pounds or less designed, used,
or maintained primarily for the transportation of property.
A.
The Department shall be responsible for the administration of this
article and is delegated the authority to create rules to allow for
the implementation of this article.
B.
Fees. The Menominee Tribal Legislature, upon recommendation of the
Department, shall adopt a motor vehicle registration fee schedule.
Upon adoption, the fee schedule shall be published in the Menominee
Nation News and shall be republished whenever fees are changed. All
registration fees shall be nonrefundable and shall be paid to and
retained by the Department. The Department may recommend separate
fees based on any combination of the following:
(1)
The type of motor vehicle being registered.
(2)
The maximum gross weight of the motor vehicle. Upon payment of the
fee, a motor vehicle subject to registration on the basis of gross
weight may be registered at a weight in excess of the manufacturer's
maximum gross weight rating, but such registration does not exempt
such vehicle from compliance with weigh limitations imposed by law
or by state, local, or tribal authorities pursuant to authority of
law.
(3)
Whether the motor vehicle's registration was previously suspended
under this article.
C.
Records retention. All registration applications and renewal requests
shall be retained by the Department.
D.
Registration lists. The Department shall maintain a list of registrations.
The list shall give the name and address of each registrant, the registration
number assigned, and other identifying information, as the Department
deems necessary.
(2)
Any person who has received a personal identifier of any person under § 550-36D(1) shall keep the personal identifier confidential and may not disclose it except:
(3)
Any person who discloses a personal identifier in violation of this
section may be subject to a fine of not more than $500 for each violation.
(4)
Any person who requests or obtains a personal identifier from the
Department under false pretenses may be required to forfeit not more
than $500 for each violation.
A.
The Tribe has the authority to enter into reciprocal agreements regarding:
(1)
The registration and licensing of any motor vehicle, including but
not limited to automobiles, trucks, motorcycles, buses, or official
vehicles with any governmental jurisdiction;
(2)
The exemption from Wisconsin state registration requirements of designated
classes of motor vehicles registered by the Department.
B.
Except as provided in § 550-37I(1) through (7), all motor vehicles owned by persons subject to the jurisdiction of the Tribe shall be registered with the Department in accordance with the registration period determined by the Department.
C.
Registration applications and registration renewal requests shall
be submitted to the Department upon forms prescribed by the Department
and shall be accompanied by the required fee.
(1)
All information obtained by the Department for purposes of registering
a motor vehicle under this article shall be subject to review or internal
audit.
(2)
If the registrant has an unpaid citation for any nonmoving traffic
violation, the registrant shall be notified that the registration
may not be issued or renewed until the citation is paid or the registrant
appears in court to respond to the citation.
(3)
Whenever any person, after applying for and receiving registration
plates, has a change of address or change of name, the person shall,
within 10 days of such change, notify the Department in writing the
old and new address, and of such former and new names, and of all
registration plate numbers held.
D.
Original registration.
(1)
Applications for original registration of a motor vehicle shall contain
the following information:
(a)
The name of the owner; and
(b)
A description of the vehicle, including make, model, identification
number, and any other information which the Department may reasonably
require for proper identification of the vehicle; and
(c)
Such further information as the Department may reasonably require
to enable it to determine whether the vehicle is by law entitled to
registration or to enable it to determine the proper registration
fee for the vehicle.
(2)
The Department may accept an application and complete registration
of a motor vehicle when the evidence of ownership is held by a nonresident
lien holder or for other reasons not immediately available if the
Department is satisfied as to ownership of the vehicle.
(3)
Minors. If the applicant for registration is under 18 years of age,
the application shall be accompanied by a notarized statement made
and signed by a guardian of the applicant, stating that the applicant
has the guardian's consent to register the motor vehicle in the
applicant's name. The signature on the statement shall not impute
any liability for the negligence of misconduct of the applicant while
operating such motor vehicles on the highways.
E.
Registration renewal.
(1)
At least 30 days prior to the expiration of a motor vehicle's
registration, the Department shall mail to the last-known address
of the registrant a notice of the date upon which the registration
must be renewed and instructions for renewal of registration.
(2)
In order to renew a registration, the registrant shall provide the
Department with any updates to information required on the application
for registration to ensure the proper registration of the motor vehicle.
The Department may require that requests for renewal of registration
be accompanied by the certificate of title issued for the motor vehicle
if true ownership or proper registration of the motor vehicle is in
doubt and cannot be resolved from records maintained by the Department.
F.
Reregistration required for motor vehicles subject to a different
fee. Whenever the construction or the use of a registered motor vehicle
is changed in a manner which makes the motor vehicle subject to a
different registration fee, the owner shall immediately apply for
a new registration.
G.
Plate transfers. Registered motor vehicle plates may be transferred,
but an administrative fee shall be applied by the Tribe. The Department
shall be responsible to set this fee. The transfer plates for the
motor vehicle are only valid up to the date when the previous registration
would have expired.
H.
Operating unregistered or improperly registered motor vehicle. It
is unlawful for any person to operate or for an owner to consent to
being operated on the Reservation any motor vehicle, for which a registration
fee is specifically prescribed, unless at the time of operation the
motor vehicle in question either is registered by the Department,
or a complete application for registration, including evidence of
any inspection required by the Department, accompanied by the required
fee has been delivered to the Department or deposited in the mail
properly addressed with postage prepaid, and if the motor vehicle
is an automobile or truck having a registered weight of 80,000 pounds
or less, the motor vehicle displays a temporary operation plate issued
by the Department for the motor vehicle unless the operator or owner
of the motor vehicle produces proof that operation of the motor vehicle
is within two business days of the motor vehicle's sale or transfer,
or the motor vehicle in question is exempt from registration.
(1)
A motor vehicle may be operated after the date of purchase of such
vehicle or after the date the owner moved to the Reservation if application
of registration and certificate of title has been made.
(2)
All motor vehicles subject to renewal may be operated, provided that
a registration renewal request has been made.
(3)
Any person who violates § 550-37, Registration of motor vehicles, where the motor vehicle used is an automobile, station wagon, or any other motor vehicle having a gross weight of 10,000 pounds or less, may be required to forfeit not more than $200 for each violation.
(5)
Unless application for reregistration has been made as required by § 550-37F, it is unlawful for any person to operate or for the owner to consent to being operated on any highway any registered motor vehicle the construction or use of which has been changed so as to make the vehicle subject to a higher fee than the fee at which it currently is registered or which is carrying a greater load than that permitted under the current registration.
I.
Vehicles exempt from registration. A motor vehicle operated on a
highway is exempt from registration when such vehicle:
(1)
Is registered in another jurisdiction and the vehicle has a registration
plate indicating it is validly registered in such other jurisdiction;
or
(3)
Is a farm tractor used exclusively in agricultural operations or
used exclusively to provide power to drive other machinery, or to
transport from job to job machinery driven by such tractor; or
(4)
Is a trailer or semi-trailer used exclusively for the transportation
of farm machinery, implements, produce or supplies on a farm or between
farms; or
(5)
Is a fork-lift truck, a specially constructed road or truck tractor
used for shunting trailers; or
(6)
Is a trailer or camper trailer having a gross weight of 3,000 pounds
or less and not used for hire or rental; or
(7)
Is a piece of road machinery.
The Department shall refuse registration of a vehicle under
any of the following circumstances:
A.
The required motor vehicle registration fee has not been paid for
the specific vehicle, or such fees have not been paid on any other
vehicles owned by the applicant.
B.
The applicant has failed to furnish any of the following:
C.
The applicant does not hold a valid certificate of title and is not
entitled to the issuance of a certificate of title.
D.
The applicant's registration has been suspended and such suspension
is still in effect.
E.
The applicant has an unpaid citation for any nonmoving traffic violation.
F.
The vehicle is exempt from registration.
A.
The Department, upon registering a motor vehicle, shall issue to
the applicant two registration plates for an automobile, truck, or
motor home, and one plate for other motor vehicles.
B.
In lieu of issuing a new plate upon each renewal of registration
or a motor vehicle, the Department may issue a tag, decal, or other
identification per motor vehicle to indicate the period of registration.
The tag, decal, or other identification shall be used only if the
outstanding plate is in suitable condition for further usage.
C.
The Department shall determine the size, color, and design of registration
plates with a view toward making the following visible: the period
for which the motor vehicle is registered and the fee class into which
the motor vehicle falls. The registration plates shall also be a ready
means of identifying the specific motor vehicle or owner for which
the plates were issued.
D.
All registration plates shall have displayed upon them the following:
(1)
The registration number assigned to the motor vehicle or owner. The
registration number may be composed of numbers, letters, or both.
(2)
The name "Menominee Nation" or "Omaeqnomenewak."
(3)
An indication of the period for which the specific plate is issued
or the date of expiration of registration.
E.
Special plates.
(1)
The Department may issue the following special plates:
(a)
Disabled person plates. If a registrant submits a statement
once every four years, from a physician licensed to practice medicine
in any state, or from a chiropractor licensed to practice chiropractic
services in any state, that the registrant is a person with a disability
that limits or impairs the ability to walk, the Department shall issue
or renew plates of a special design in lieu of plates which ordinarily
would be issued for the motor vehicle.
(b)
Veterans plates. The Department shall issue special plates for
veterans.
(c)
Other special plates. The Department may issue additional special
plates if the Department determines the demand for such special plates
would justify the issuance of such plates and the Department has the
ability to determine who is qualified to receive the plates.
(2)
If an individual in possession of special plates no longer qualifies
for the special plates, the individual shall:
F.
Antique motor vehicle plates. A motor vehicle which has a model year of 1945 or earlier and which has not been altered or modified from the original manufacturers' specifications may register the vehicle as an antique motor vehicle upon payment of a fee, and be furnished registration plates of a distinctive design, in lieu of the usual registration plates, which shall show, in addition to the requirements of § 550-39D(1) through (3), that the motor vehicle is an antique. The registration shall be valid while the motor vehicle is owned by the applicant without payment of any additional fee. The motor vehicle shall only be used for special occasions such as display and parade purposes or for necessary testing, maintenance, and storage purposes.
(1)
Any person who registers an antique motor vehicle may furnish and
display on the motor vehicle a historical plate from or representing
the model year of the motor vehicle if the registration and plates
issued by the Department are simultaneously carried in the motor vehicle
and are available for inspection.
(2)
Unless inconsistent with this section, the provisions applicable
to other motor vehicles apply to antique motor vehicles.
G.
Special-interest vehicles. Any owner who has a motor vehicle registered
through the Tribe and uses for regular transportation at least one
vehicle that has regular registration plates may apply to register
a vehicle as a special-interest vehicle if the vehicle is at least
20 years old.
(1)
The Department shall furnish the owner of the vehicle with registration
plates of a distinctive design in lieu of the usual registration plates,
and those shall show that the vehicle is a special-interest vehicle
owned by a collector. Upon application, the owner may reregister the
vehicle without the payment of any additional fee.
(2)
Each collector applying for special-interest vehicle registration
plates will be issued a collector's identification number, which
will appear on each plate.
(3)
The vehicle may be used as are other vehicles of the same type except:
(a)
Motor vehicles may not transport passengers for hire.
(b)
Trucks may not haul material weighing more than 500 pounds.
(c)
No special-interest vehicle may be operated upon any highway
during the month of January unless the owner of the vehicle reregisters
the vehicle with regular registration plates or transfers regular
registration plates to the vehicle.
(4)
Unless inconsistent with this section, the provisions applicable
to other vehicles shall apply to special-interest vehicles.
H.
Personalized registration plates. Personalized registration plates
shall be of the same color and design as regular registration plates
and shall consist of number, letters, or both.
(2)
The Department may refuse to issue any combination of letters, numbers,
or both which carry connotations offensive to Menominee heritage or
traditions, good taste or decency, or which would be misleading, or
in conflict with the issuance of any other registration plates. All
decisions of the Department with respect to personalized registration
plate applications shall be final and not subject to judicial review.
(3)
Each personalized registration plate issued shall be reserved for
the recipient in succeeding registration periods and shall not be
duplicated for issuance to any other person if the recipient maintains
the plate, unless the recipient authorizes issuance of the plate to
another person. If the recipient does not maintain the plate for two
successive years or if the recipient does not specifically request
reissuance of the personalized registration plate by the end of the
month in which the plate expires, the Department may reissue the personalized
registration plate to another applicant.
(4)
The Department may cancel and order the return of any personalized
registration plates issued which contain any combination of letters,
numbers, or both, which the Department determines may carry connotations
that are offensive to Menominee heritage or traditions, good taste
and decency, or which may be misleading. Any person ordered to return
such plate shall either be reimbursed for any additional fees they
paid for the plates for the registration year in which they are recalled,
or be given at no additional cost replacement personalized registration
plates, the issuance of which is in compliance with this article.
A person who fails to return personalized registration plates upon
request of the Department may be required to forfeit not more than
$200.
(5)
Replacement plates.
(a)
Lost or destroyed plates. Whenever a current registration plate
is lost or destroyed, the owner of the motor vehicle to which the
plate was attached shall immediately apply to the Department for a
replacement. Except as further provided in this article, upon satisfactory
proof of the loss or destruction of each plate and upon payment of
a fee for each plate, the Department shall issue a replacement.
(b)
Illegible plates. Whenever a current registration plate becomes
illegible, the owner of the motor vehicle to which the plate is attached
shall apply to the Department for a replacement. Upon receipt of satisfactory
proof of illegibility, and upon payment of a fee for each plate, the
Department shall issue a replacement. Upon receipt of a replacement
plate, the applicant shall return the illegible plate to the Department
for recycling.
(c)
When issuing replacement plates, the Department may assign a
new number and issue a new plate rather than a duplicate of the original
if the Department determines it is in the best interests of economy
or prevention of fraud. Upon receipt of a replacement plate, the applicant
shall return the illegible plate to the Department for recycling.
A.
Placement of plates or decals on motor vehicles.
(1)
Whenever two registration plates are licensed for a motor vehicle,
one plate shall be attached to the front and one to the rear of the
motor vehicle. Whenever only one registration plate is issued for
a motor vehicle, the plate shall be attached to the rear of the motor
vehicle.
(2)
Any registration decal or tag issued by the Department shall be placed
on the rear registration plate of the vehicle in the manner directed
by the Department.
B.
Registration plates shall be attached firmly and rigidly in a horizontal
position and in a conspicuous place. The plates shall at all times
be maintained in a legible condition and shall be displayed so that
they can be readily and distinctly seen and read. A law enforcement
officer may require the operator of any vehicle on which plates are
not properly displayed to display such plates as required by this
section.
A.
Suspension of registration.
(1)
The Department shall suspend the registration of a vehicle when:
(2)
Any registration suspended pursuant to this section continues to
be suspended until reinstated by the Department. The Department shall
reinstate the registration when the reason for the suspension has
been removed.
(3)
Whenever the registration of a vehicle is suspended under this section,
the Department may order the owner or person in possession of the
registration plates to return them to the Department.
(4)
No owner may transfer the ownership or registration of any vehicle
whose registration is suspended under this section until the registration
is reinstated or until the Department is satisfied that such transfer
is proposed in good faith.
(5)
This section does not apply to or affect the registration of any
vehicle sold by a person who, pursuant to the terms or conditions
of any written instrument giving a right of repossession, has exercised
such right and has repossessed such vehicle from a person who registration
has been suspended.
B.
Civil infraction citation. All Menominee tribal law enforcement officers
are hereby designated as authorized officials to issue civil infraction
citations. Any person who violates a provision of this article may
be subject to a fine issued by a Menominee tribal law enforcement
officer of not more than $500 for each violation.
C.
Appeals. A person issued a fine under this article may appeal such
fine to the Tribe's Judiciary in accordance with applicable rules
of civil and appellate procedure.
