San Carlos Apache Traffic Code Section 8
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Sec.8.01 Traffic Laws Apply to Persons Riding Bicycles
Every person riding a bicycle upon a roadway or upon any shoulder adjoining a roadway is granted all the rights and is subject to all the duties applicable to
the driver of a vehicle by this code, except as to special regulations in this section and except as to those provisions of this code which by their nature have
no application.
Sec. 8.02 Riding on Bicycles
A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Sec.8.03 Clinging to Vehicles
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
Sec.8.04 Riding on Roadways and Bicycle Paths; Prohibition of Motor Vehicle Traffic on Bike Paths
A. A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride
as close as practicable to the right hand curb or edge of the roadway, except under any of the following situations:
1. If overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. If preparing for a left turn at an intersection or into a private road or driveway.
3. If reasonably necessary to avoid conditions including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards.
4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of
bicycles.
C. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use the path and shall not use the roadway.
D. A bicycle path or lane when designated as such by state or local authorities shall be deemed to be for the exclusive use of bicycles even though other uses
are permitted pursuant to Subsection E or otherwise permitted by the Tribe.
E. No person shall operate, stop, park or leave standing a vehicle in a bicycle path or lane designated by the tribe except for use in the case of emergency or
for use in crossing such path or lane to gain access to any public or private road or driveway. Nothing in this subsection shall prohibit the use of such path or
lane by the appropriate local authority.
Sec.8.05 Carrying Articles
No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
Sec. 8.06 Lamps and other Equipment on Bicycles
A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five
hundred feet to the front and with a red reflector on the rear of a type approved by the Tribe which shall be visible from all distances from fifty feet to three
hundred feet to the rear when directly in front of lawful upper beams of head lamps on motor vehicles. A lamp emitting a red light visible from a distance of
five hundred feet to the rear may be used in addition to the red reflector.
B. No person shall operate a bicycle equipped with a siren or Whistle.
C. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, dean pavement.
Sec. 8.07 Driving through Safety Zone Prohibited
No vehicle shall at any time be driven through or within a safety zone.
Sec. 8.08 Obedience to Signal Indicating Approach of Train
A. When any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall
stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing
requirements shall apply when:
1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train.
3. A railroad train approaching within approximately fifteen hundred feet of the highway crossing emits a signal audible from such distance and the railroad
train, by reason of its speed or nearness to the crossing is an immediate hazard.
4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being
opened or closed.
Sec. 8.09 All Vehicles Must Stop at Certain Railroad Grade Crossings
The Tribal Councilor their designees may designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When the stop
signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only
upon
exercising due care.
Sec. 8.10 Certain Vehicles must Stop at all Railroad Grade Crossings
A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying or returning after
delivery of explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the
vehicle
within fifty feet hut not less than fifteen feet from the nearest rail of the railroadband while so stopped, shall listen and look in both directions along the track
for any approaching train, and for signals indicating the approach of a train, except as provided in this section, and shall not proceed until he can do so safely.
After
stopping as required by this section, and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in such gear of the vehicle that
there will be no necessity for changing gears while traversing the crossing, and the driver shall not shift gears while crossing the track or tracks.
B. No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
C. This section shall not apply at street-railway grade crossing within a business or residence district.
Sec. 8.11 Moving Heavy Equipment at Railroad Grade Crossing
A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of
ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any
event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying
with this section.
B. Notice of any such intended crossing shall be given to a station agent of the railroad.
C. Before making any such crossing the person operating or moving the vehicle or equipment shall first stop the same not less than fifteen feet nor more than
fifty feet from the nearest rail of the railroad and while so stopped, shall listen and look in both directions along the track for any approaching train and for
signals
indicating the approach of a train, and shall not proceed until the crossing can be made safely.
D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a
railroad train or car. If a flagman or is provided by the railroad, movement over the crossing shall be under his direction.
E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operations.
Sec. 8.12 Stop Signs and Yield Signs
A. The Tribe with reference to other highways under their jurisdiction may designate through highways and erect stop or yield signs at specified entrances
thereto or may designate any intersection as a stop or yield intersection and erect like signs at one or more entrances to the intersection.
B. Every driver of a vehicle approaching a stop sign shall stop before entering the cross walk on the near side of the intersection or, in the event there is no
cross walk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer.
Sec. 8.13 Overtaking and Passing School Bus
A. The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the
purpose of receiving or discharging any school children shall stop the vehicle before reaching the school bus and shall not proceed until the school bus
resumes motion.
B. Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus"
in letters not less than eight inches in height. When a school bus is being operated upon a highway for purposes other than the actual transportation of
children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed.
C. Every bus used for the transportation of school children shall be equipped with a signal with the word “stop" printed on both sides in black letters not
less than five inches high on a yellow background. The signal shall not be less than twenty inches long and shall be manually operated by the operator of the
school bus in such manner as to be clearly visible from both front and rear when extended from the left of the body of the bus. It shall be displayed only
when passengers are being received or discharged from the bus.
D. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or
when upon a controlled-access highway and the school bus stopped in a loading zone which is a part of or adjacent to the highway and where pedestrians are
not permitted to cross the roadway.
E. Any person who violates the provisions of subsection (a) of this section shall be guilty of a misdemeanor punishable by a fine of not more than one
hundred dollars or by imprisonment for not more than ten days. For a second conviction within one year thereafter, the person shall be punished by a fine
not more than two hundred dollars, by imprisonment for not more than twenty days, or both. Upon a third or subsequent conviction within one year after
the last conviction, the person shall be punished by a fine of not more than three hundred dollars, by imprisonment for not more than six months or both.
F. Any person convicted of a violation of the provisions of subsection (a) for a second or subsequent time may have his operator's or chauffeur's license
suspended for a period not to exceed six months by the judge hearing this case.
Sec. 8.14 Overtaking and Passing School Bus: Report by School Bus Operator; Notification Letter
A. The operator of a school bus who observes a violation of Section 8.13, Subsection A, may prepare a signed written report which indicates that a violation
occurred. The report shall include:
1. The date, time and approximate location of the violation.
2. The number and state of issuance of the number plate on the vehicle involved in the violation.
3. Identification of the vehicle as an automobile, a station wagon, a truck, a bus, a motorcycle or other type of vehicle.
4. The color of the vehicle involved in the violation.
B. Within two days after the violation Occurs, excluding weekends and holidays, the school bus operator shall send a copy of the report to the assistant
director for the motor vehicle division. On receiving the report, the assistant director shall promptly mail a notification letter to the last known registered
owner of the vehicle.
1. A notification, containing the information included in the bus operator's report, that a vehicle registered in the vehicle owner's name was observed passing a
school bus loading and unloading children.
2. A complete explanation of the provisions of Section 8.13.
3. An explanation that the notification letter is not a police citation but an effort to call attention to the seriousness of the incident.
Sec. 8.15 Stopping, Standing or Parking outside of Business or Residence District
A. Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended,
upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off that part of the highway, but in any event
an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicles
shall be available from a distance of two hundred feet in each direction upon the highway.
B. This section shall not apply to:
1. The driver of any vehicle which is disabled while on the paved or main traveled portion of a highway in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
Sec. 8.16 Officers Authorized to Remove illegally Stopped Vehicles; Liability for Costs; Hearing
A. When any police officer finds a vehicle standing upon a highway in violation of the provisions of Section 8.15 the officer may move the vehicle, or require
the driver or other person in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway.
B. Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge or
causeway or in any tunnel in such position or under such circumstances as to obstruct the normal movement of traffic.
C. Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle:
1. When a report has been made that such vehicle has been stolen or taken without the consent of its owner.
2. When the person or persons in charge of such vehicle are unable to provide for its custody or removal.
3. When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested
before a tribal judge without unnecessary delay.
D. Except as provided in Subsection E of this Section, the Tribe employing an officer who removes or causes the removal of a vehicle under this section is not
liable for the cost of towing or storing the vehicle if the officer acts under color of his lawful authority except as provided in Subsection E of this section,
prior to
release of the vehicle by the towing service, the owner or the owner's agent of a vehicle which is removed or caused to be removed under this section shall pay
or make satisfactory arrangements to pay for any reasonable towing and storage costs incurred in towing or storing the vehicle .
E. If a tow truck operator is required in writing by a governmental agency to tow or store a vehicle which is required as evidence in any criminal action or for
future criminal investigation by the governmental agency, the proper governmental agency is liable for the towing and storage costs of the vehicle.
F. If a police officer removes or caused the removal of a vehicle as permitted by this section, the governmental agency employing the officer shall provide the
registered owner of the vehicle or his agent with the opportunity for a post-storage hearing to determine the validity of the removal. This hearing shall be
conducted within forty-eight hours after a request, excluding weekends or holidays. The governmental agency employing the officer may authorize its own
officer or employee to conduct the hearing as long as the hearing officer us not the same person who removed or caused the removal of the vehicle. The
governmental
agency employing the officer who removed or causes the removal is responsible for the costs incurred for towing and storage if it is determined in the hearing
that probable cause for the removal cannot be established.
Sec.8.17 Stopping, Standing, or Parking Prohibited in Specific Places
No person may stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police
officer or traffic-control device, in any of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within fifteen feet of a fire hydrant.
5. On a crosswalk.
6. Within twenty feet of a crosswalk at an intersection.
7. Within thirty feet upon the approach to any flashing beacon, stop sign, yield sign or traffic-control signal located at the side of a roadway.
8. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the Tribe or
its designee indicate a different length by signs or markings.
9. Within fifty feet of the nearest rail or railroad crossing or within eight feet six inches of the center of any railroad track, except while a motor vehicle with
motive power attached is loading or unloading railroad cars.
10. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fife station within seventy-five
feet of the entrance when properly posted,
11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
13. Upon any bridge or other elevated structure upon a highway.
14. At any place where official signs prohibit standing or stopping.
15. On a controlled access highway as defined in Section 1.02 except for emergency reasons or except in areas specifically designated for parking. such as rest
areas.
Sec. 8.18 Additional Parking Regulations
A. Except as otherwise provided in this section every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or
parked with the right-hand wheels of the vehicle parallel to and within eighteen inches of the right-hand curb.
B. Tribal authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches of the left-hand curb of a
one-way roadway.
C Tribal authorities may be ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state
highway unless the Tribe has determined by resolution or order that the roadway is of sufficient width to permit angle parking without interfering with the
free movement of traffic.
D. The Tribe with respect of highways under their jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any
highway where in their opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon. The signs shall be official signs, and no person shall stop, stand or park any
vehicle in violation of the restriction stated on the signs.
E. Any stopping, standing or parking restrictions provided in this section shall not apply to any law enforcement officer when such stopping, standing or
parking is for the purpose of actual performance of law enforcement duty.
Sec.8.19 Parking Restrictions
This article does not apply:
1. To zones where stopping, standing or parking is prohibited to all vehicles, as provided in Sections 8.13, 8.17 and 9.24.
2. If there is a tribal ordinance that prohibits parking during heavy traffic periods such as rush hours or where parking clearly would present a traffic hazard
for the general public, as rush hours, or where parking clearly would present a traffic hazard for the general public.
Sec. 8.20 Parking Spaces Provided for Physically Disabled Persons
A. The Tribe shall provide specially designated and marked motor vehicle parking spaces for the exclusive use of physically disabled persons.
B. Each such parking space shall be prominently outlined with paint and posted with a permanent sign located not less than three feet nor more than six feet
above the grade and of a color and design approved by the Tribe bearing the internationally accepted wheelchair symbol and the caption "Reserved Parking".
Sec. 8.21 Stopping, Standing or Parking Prohibited in Places Reserved for Handicapped; Civil Violation; Revocation
A. Except as provided in Subsection C, no person may stop, stand, or park a motor vehicle within any such specially designated and marked parking space
provided in accordance with this article unless the motor vehicle is transporting a person eligible for the distinguishing insignia or placard or number plates
bearing
the international wheelchair symbol, and either.
1. The motor vehicle displays the distinguishing insignia placard.
2. The motor vehicle displays number plates bearing the international wheelchair symbol.
B. If a law enforcement officer employed by the Tribe finds a motor vehicle in violation of this article; the person shall issue a complain to the operator or to
the other person in charge of the motor vehicle for a civil traffic violation. A court shall impose a minimum civil sanction of thirty-five dollars; plus the
penalty assessments prescribed by statute, on a person who violates Section 8.22.
C. Any person who is chauffeuring a physically disabled person shall be allowed, without a distinguishing insignia placard or number plates bearing the
international wheelchair symbol, to park momentarily in any such parking space for the purpose of loading or unloading such disabled person. No complaint
shall be issued to the driver for such momentary parking.
Sec. 8.22 Reciprocal Agreements with other Jurisdictions
The tribe may enter into agreements with other jurisdictions, including foreign jurisdictions on behalf of this Tribe relating to the extension to residents of this
Tribe of parking privileges for persons with a permanent disability and to recognize international wheelchair number plates or the distinguishing insignia
placard issued by such other jurisdictions. This Tribe shall grant the same parking privileges as granted to a resident of this Tribe to a nonresident for a motor
vehicle licensed in another state or foreign country displaying the international wheelchair number plates or the distinguishing insignia placard issued in
accordance with the
laws of the nonresident state or foreign country, even if a written agreement to do so does not exist between this Tribe and the nonresident's state or foreign
country.
Sec.8.23 limitations on Backing
A. The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic.
B. The driver of a vehicle shall not back the vehicle upon any access road or roadway of any controlled access highway.
Sec. 8.24 Riding on Motorcycles
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor
shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.
Sec.8.25 Obstruction to Driver's View or Driving Mechanism
A. No person may drive a vehicle when it is so laded or when there is a passenger riding in such a position as to obstruct the view of the driver to the front or
side of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
B. No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the
driving mechanism of the vehicle.
Sec.8.26 Driving on Mountain Highways
The driver of a motor vehicle traveling through valleys or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-
hand edge of the roadway as reasonably possible.
Sec.8.27 Coasting Prohibited
A. The driver of any motor vehicle when traveling upon a flown grade shall not coast with the gears of the vehicle in neutral.
B. The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
Sec. 8.28 Driving at Speed which Causes Trailer to Sway
A person shall not drive a vehicle towing a trailer or semi-trailer at a rate of speed which causes the trailer or semi-trailer to sway laterally from the line of
traffic.
Sec. 8.29 Crossing Fire Hose
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway to be used at any fire or alarm
of fire, without the consent of the fire department official in command.
Sec.8.30 Placing Glass or other Objects on Roadway Prohibited
A. No person shall throw or deposit upon any roadway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person,
animal or vehicle upon the roadway.
B. Any person who drops, or permits to be dropped or thrown, upon any roadway any destructive or injurious material shall immediately remove the same
or cause it to he removed.
C. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from
the vehicle.
Sec. 8.30 (01) Throwing or Dropping Objects from Overpass; Classification
A. For purposes of this section, "Overpass" means the upper level of a crossing, at different levels, of two streets or highways, or a street or highway and a
pedestrian path or railroad.
B. A person on an overpass who with criminal negligence drops, throws, shoots or otherwise propels any object at or on the lower level street or highway or
at or on a motor vehicle which is standing or being operated on the lower level street or highway, is guilty of a misdemeanor and can be fined up to $500 or 6
months in jail.
Sec. 8.31 Allowing Barbed Wire to lie Loose Along Highway; Liability in Damages
A person owning, leasing, having in charge or possession a barbed wire fence along a public highway hall not permit or allow the wire of such fence to lie
loose along or in the highway so as to endanger the safety of a person or animal passing along the highway and is liable for all damages arising from such loose
wire.
Every person riding a bicycle upon a roadway or upon any shoulder adjoining a roadway is granted all the rights and is subject to all the duties applicable to
the driver of a vehicle by this code, except as to special regulations in this section and except as to those provisions of this code which by their nature have
no application.
Sec. 8.02 Riding on Bicycles
A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Sec.8.03 Clinging to Vehicles
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
Sec.8.04 Riding on Roadways and Bicycle Paths; Prohibition of Motor Vehicle Traffic on Bike Paths
A. A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride
as close as practicable to the right hand curb or edge of the roadway, except under any of the following situations:
1. If overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. If preparing for a left turn at an intersection or into a private road or driveway.
3. If reasonably necessary to avoid conditions including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards.
4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of
bicycles.
C. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use the path and shall not use the roadway.
D. A bicycle path or lane when designated as such by state or local authorities shall be deemed to be for the exclusive use of bicycles even though other uses
are permitted pursuant to Subsection E or otherwise permitted by the Tribe.
E. No person shall operate, stop, park or leave standing a vehicle in a bicycle path or lane designated by the tribe except for use in the case of emergency or
for use in crossing such path or lane to gain access to any public or private road or driveway. Nothing in this subsection shall prohibit the use of such path or
lane by the appropriate local authority.
Sec.8.05 Carrying Articles
No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
Sec. 8.06 Lamps and other Equipment on Bicycles
A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five
hundred feet to the front and with a red reflector on the rear of a type approved by the Tribe which shall be visible from all distances from fifty feet to three
hundred feet to the rear when directly in front of lawful upper beams of head lamps on motor vehicles. A lamp emitting a red light visible from a distance of
five hundred feet to the rear may be used in addition to the red reflector.
B. No person shall operate a bicycle equipped with a siren or Whistle.
C. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, dean pavement.
Sec. 8.07 Driving through Safety Zone Prohibited
No vehicle shall at any time be driven through or within a safety zone.
Sec. 8.08 Obedience to Signal Indicating Approach of Train
A. When any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall
stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing
requirements shall apply when:
1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train.
3. A railroad train approaching within approximately fifteen hundred feet of the highway crossing emits a signal audible from such distance and the railroad
train, by reason of its speed or nearness to the crossing is an immediate hazard.
4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being
opened or closed.
Sec. 8.09 All Vehicles Must Stop at Certain Railroad Grade Crossings
The Tribal Councilor their designees may designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When the stop
signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only
upon
exercising due care.
Sec. 8.10 Certain Vehicles must Stop at all Railroad Grade Crossings
A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying or returning after
delivery of explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the
vehicle
within fifty feet hut not less than fifteen feet from the nearest rail of the railroadband while so stopped, shall listen and look in both directions along the track
for any approaching train, and for signals indicating the approach of a train, except as provided in this section, and shall not proceed until he can do so safely.
After
stopping as required by this section, and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in such gear of the vehicle that
there will be no necessity for changing gears while traversing the crossing, and the driver shall not shift gears while crossing the track or tracks.
B. No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
C. This section shall not apply at street-railway grade crossing within a business or residence district.
Sec. 8.11 Moving Heavy Equipment at Railroad Grade Crossing
A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of
ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any
event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying
with this section.
B. Notice of any such intended crossing shall be given to a station agent of the railroad.
C. Before making any such crossing the person operating or moving the vehicle or equipment shall first stop the same not less than fifteen feet nor more than
fifty feet from the nearest rail of the railroad and while so stopped, shall listen and look in both directions along the track for any approaching train and for
signals
indicating the approach of a train, and shall not proceed until the crossing can be made safely.
D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a
railroad train or car. If a flagman or is provided by the railroad, movement over the crossing shall be under his direction.
E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operations.
Sec. 8.12 Stop Signs and Yield Signs
A. The Tribe with reference to other highways under their jurisdiction may designate through highways and erect stop or yield signs at specified entrances
thereto or may designate any intersection as a stop or yield intersection and erect like signs at one or more entrances to the intersection.
B. Every driver of a vehicle approaching a stop sign shall stop before entering the cross walk on the near side of the intersection or, in the event there is no
cross walk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer.
Sec. 8.13 Overtaking and Passing School Bus
A. The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the
purpose of receiving or discharging any school children shall stop the vehicle before reaching the school bus and shall not proceed until the school bus
resumes motion.
B. Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus"
in letters not less than eight inches in height. When a school bus is being operated upon a highway for purposes other than the actual transportation of
children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed.
C. Every bus used for the transportation of school children shall be equipped with a signal with the word “stop" printed on both sides in black letters not
less than five inches high on a yellow background. The signal shall not be less than twenty inches long and shall be manually operated by the operator of the
school bus in such manner as to be clearly visible from both front and rear when extended from the left of the body of the bus. It shall be displayed only
when passengers are being received or discharged from the bus.
D. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or
when upon a controlled-access highway and the school bus stopped in a loading zone which is a part of or adjacent to the highway and where pedestrians are
not permitted to cross the roadway.
E. Any person who violates the provisions of subsection (a) of this section shall be guilty of a misdemeanor punishable by a fine of not more than one
hundred dollars or by imprisonment for not more than ten days. For a second conviction within one year thereafter, the person shall be punished by a fine
not more than two hundred dollars, by imprisonment for not more than twenty days, or both. Upon a third or subsequent conviction within one year after
the last conviction, the person shall be punished by a fine of not more than three hundred dollars, by imprisonment for not more than six months or both.
F. Any person convicted of a violation of the provisions of subsection (a) for a second or subsequent time may have his operator's or chauffeur's license
suspended for a period not to exceed six months by the judge hearing this case.
Sec. 8.14 Overtaking and Passing School Bus: Report by School Bus Operator; Notification Letter
A. The operator of a school bus who observes a violation of Section 8.13, Subsection A, may prepare a signed written report which indicates that a violation
occurred. The report shall include:
1. The date, time and approximate location of the violation.
2. The number and state of issuance of the number plate on the vehicle involved in the violation.
3. Identification of the vehicle as an automobile, a station wagon, a truck, a bus, a motorcycle or other type of vehicle.
4. The color of the vehicle involved in the violation.
B. Within two days after the violation Occurs, excluding weekends and holidays, the school bus operator shall send a copy of the report to the assistant
director for the motor vehicle division. On receiving the report, the assistant director shall promptly mail a notification letter to the last known registered
owner of the vehicle.
1. A notification, containing the information included in the bus operator's report, that a vehicle registered in the vehicle owner's name was observed passing a
school bus loading and unloading children.
2. A complete explanation of the provisions of Section 8.13.
3. An explanation that the notification letter is not a police citation but an effort to call attention to the seriousness of the incident.
Sec. 8.15 Stopping, Standing or Parking outside of Business or Residence District
A. Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended,
upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off that part of the highway, but in any event
an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicles
shall be available from a distance of two hundred feet in each direction upon the highway.
B. This section shall not apply to:
1. The driver of any vehicle which is disabled while on the paved or main traveled portion of a highway in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
Sec. 8.16 Officers Authorized to Remove illegally Stopped Vehicles; Liability for Costs; Hearing
A. When any police officer finds a vehicle standing upon a highway in violation of the provisions of Section 8.15 the officer may move the vehicle, or require
the driver or other person in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway.
B. Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge or
causeway or in any tunnel in such position or under such circumstances as to obstruct the normal movement of traffic.
C. Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle:
1. When a report has been made that such vehicle has been stolen or taken without the consent of its owner.
2. When the person or persons in charge of such vehicle are unable to provide for its custody or removal.
3. When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested
before a tribal judge without unnecessary delay.
D. Except as provided in Subsection E of this Section, the Tribe employing an officer who removes or causes the removal of a vehicle under this section is not
liable for the cost of towing or storing the vehicle if the officer acts under color of his lawful authority except as provided in Subsection E of this section,
prior to
release of the vehicle by the towing service, the owner or the owner's agent of a vehicle which is removed or caused to be removed under this section shall pay
or make satisfactory arrangements to pay for any reasonable towing and storage costs incurred in towing or storing the vehicle .
E. If a tow truck operator is required in writing by a governmental agency to tow or store a vehicle which is required as evidence in any criminal action or for
future criminal investigation by the governmental agency, the proper governmental agency is liable for the towing and storage costs of the vehicle.
F. If a police officer removes or caused the removal of a vehicle as permitted by this section, the governmental agency employing the officer shall provide the
registered owner of the vehicle or his agent with the opportunity for a post-storage hearing to determine the validity of the removal. This hearing shall be
conducted within forty-eight hours after a request, excluding weekends or holidays. The governmental agency employing the officer may authorize its own
officer or employee to conduct the hearing as long as the hearing officer us not the same person who removed or caused the removal of the vehicle. The
governmental
agency employing the officer who removed or causes the removal is responsible for the costs incurred for towing and storage if it is determined in the hearing
that probable cause for the removal cannot be established.
Sec.8.17 Stopping, Standing, or Parking Prohibited in Specific Places
No person may stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police
officer or traffic-control device, in any of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within fifteen feet of a fire hydrant.
5. On a crosswalk.
6. Within twenty feet of a crosswalk at an intersection.
7. Within thirty feet upon the approach to any flashing beacon, stop sign, yield sign or traffic-control signal located at the side of a roadway.
8. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the Tribe or
its designee indicate a different length by signs or markings.
9. Within fifty feet of the nearest rail or railroad crossing or within eight feet six inches of the center of any railroad track, except while a motor vehicle with
motive power attached is loading or unloading railroad cars.
10. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fife station within seventy-five
feet of the entrance when properly posted,
11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
13. Upon any bridge or other elevated structure upon a highway.
14. At any place where official signs prohibit standing or stopping.
15. On a controlled access highway as defined in Section 1.02 except for emergency reasons or except in areas specifically designated for parking. such as rest
areas.
Sec. 8.18 Additional Parking Regulations
A. Except as otherwise provided in this section every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or
parked with the right-hand wheels of the vehicle parallel to and within eighteen inches of the right-hand curb.
B. Tribal authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches of the left-hand curb of a
one-way roadway.
C Tribal authorities may be ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state
highway unless the Tribe has determined by resolution or order that the roadway is of sufficient width to permit angle parking without interfering with the
free movement of traffic.
D. The Tribe with respect of highways under their jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any
highway where in their opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon. The signs shall be official signs, and no person shall stop, stand or park any
vehicle in violation of the restriction stated on the signs.
E. Any stopping, standing or parking restrictions provided in this section shall not apply to any law enforcement officer when such stopping, standing or
parking is for the purpose of actual performance of law enforcement duty.
Sec.8.19 Parking Restrictions
This article does not apply:
1. To zones where stopping, standing or parking is prohibited to all vehicles, as provided in Sections 8.13, 8.17 and 9.24.
2. If there is a tribal ordinance that prohibits parking during heavy traffic periods such as rush hours or where parking clearly would present a traffic hazard
for the general public, as rush hours, or where parking clearly would present a traffic hazard for the general public.
Sec. 8.20 Parking Spaces Provided for Physically Disabled Persons
A. The Tribe shall provide specially designated and marked motor vehicle parking spaces for the exclusive use of physically disabled persons.
B. Each such parking space shall be prominently outlined with paint and posted with a permanent sign located not less than three feet nor more than six feet
above the grade and of a color and design approved by the Tribe bearing the internationally accepted wheelchair symbol and the caption "Reserved Parking".
Sec. 8.21 Stopping, Standing or Parking Prohibited in Places Reserved for Handicapped; Civil Violation; Revocation
A. Except as provided in Subsection C, no person may stop, stand, or park a motor vehicle within any such specially designated and marked parking space
provided in accordance with this article unless the motor vehicle is transporting a person eligible for the distinguishing insignia or placard or number plates
bearing
the international wheelchair symbol, and either.
1. The motor vehicle displays the distinguishing insignia placard.
2. The motor vehicle displays number plates bearing the international wheelchair symbol.
B. If a law enforcement officer employed by the Tribe finds a motor vehicle in violation of this article; the person shall issue a complain to the operator or to
the other person in charge of the motor vehicle for a civil traffic violation. A court shall impose a minimum civil sanction of thirty-five dollars; plus the
penalty assessments prescribed by statute, on a person who violates Section 8.22.
C. Any person who is chauffeuring a physically disabled person shall be allowed, without a distinguishing insignia placard or number plates bearing the
international wheelchair symbol, to park momentarily in any such parking space for the purpose of loading or unloading such disabled person. No complaint
shall be issued to the driver for such momentary parking.
Sec. 8.22 Reciprocal Agreements with other Jurisdictions
The tribe may enter into agreements with other jurisdictions, including foreign jurisdictions on behalf of this Tribe relating to the extension to residents of this
Tribe of parking privileges for persons with a permanent disability and to recognize international wheelchair number plates or the distinguishing insignia
placard issued by such other jurisdictions. This Tribe shall grant the same parking privileges as granted to a resident of this Tribe to a nonresident for a motor
vehicle licensed in another state or foreign country displaying the international wheelchair number plates or the distinguishing insignia placard issued in
accordance with the
laws of the nonresident state or foreign country, even if a written agreement to do so does not exist between this Tribe and the nonresident's state or foreign
country.
Sec.8.23 limitations on Backing
A. The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic.
B. The driver of a vehicle shall not back the vehicle upon any access road or roadway of any controlled access highway.
Sec. 8.24 Riding on Motorcycles
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor
shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.
Sec.8.25 Obstruction to Driver's View or Driving Mechanism
A. No person may drive a vehicle when it is so laded or when there is a passenger riding in such a position as to obstruct the view of the driver to the front or
side of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
B. No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the
driving mechanism of the vehicle.
Sec.8.26 Driving on Mountain Highways
The driver of a motor vehicle traveling through valleys or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-
hand edge of the roadway as reasonably possible.
Sec.8.27 Coasting Prohibited
A. The driver of any motor vehicle when traveling upon a flown grade shall not coast with the gears of the vehicle in neutral.
B. The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
Sec. 8.28 Driving at Speed which Causes Trailer to Sway
A person shall not drive a vehicle towing a trailer or semi-trailer at a rate of speed which causes the trailer or semi-trailer to sway laterally from the line of
traffic.
Sec. 8.29 Crossing Fire Hose
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway to be used at any fire or alarm
of fire, without the consent of the fire department official in command.
Sec.8.30 Placing Glass or other Objects on Roadway Prohibited
A. No person shall throw or deposit upon any roadway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person,
animal or vehicle upon the roadway.
B. Any person who drops, or permits to be dropped or thrown, upon any roadway any destructive or injurious material shall immediately remove the same
or cause it to he removed.
C. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from
the vehicle.
Sec. 8.30 (01) Throwing or Dropping Objects from Overpass; Classification
A. For purposes of this section, "Overpass" means the upper level of a crossing, at different levels, of two streets or highways, or a street or highway and a
pedestrian path or railroad.
B. A person on an overpass who with criminal negligence drops, throws, shoots or otherwise propels any object at or on the lower level street or highway or
at or on a motor vehicle which is standing or being operated on the lower level street or highway, is guilty of a misdemeanor and can be fined up to $500 or 6
months in jail.
Sec. 8.31 Allowing Barbed Wire to lie Loose Along Highway; Liability in Damages
A person owning, leasing, having in charge or possession a barbed wire fence along a public highway hall not permit or allow the wire of such fence to lie
loose along or in the highway so as to endanger the safety of a person or animal passing along the highway and is liable for all damages arising from such loose
wire.