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Mills Indian Community Laws and Codes
Updates Received: 2000 Chapter VIII MOTOR
VEHICLE AND PARKING CODE
A. "Authorized Emergency Vehicle": Vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid fireman, or privately owned motor vehicles of volunteer ambulance drivers or licensed ambulance drivers or attendants as are authorized by the Michigan Department of State Police or Bay Mills Department of Law Enforcement. B. "Autocycle": An enclosed motorcycle that is equipped with safety belts, rollbar, windshield, wipers, steering wheel, and equipment otherwise required on a motorcycle, and which has not more than 3 wheels in contact with the roadway at any one time. C. "Bicycle": A device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter. D. "Bus": A motor vehicle designed for carrying 16 or more passengers, including the driver. Bus does not include a school bus. E. "Code": The Bay Mills Indian Community Motor Vehicle and Parking Code. F. "Commercial Vehicle": Includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. G. "Controlled Substance": Marijuana, cocaine, amphetamines, opiates, phencyclidine, barbiturates, and any derivative of any of the above substances, and other controlled substances as defined in Section 7104 of the Michigan Public Health Code, Act No. 368 of the Public Acts of 1978 (MCL 333.7104).
(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway. (2) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
K. "Handicapper": A person who is determined by a physician or an optometrist as specifically provided in this Code licensed to practice in the State of Michigan to have 1 or more of the following physical characteristics: (1) Blindness as determined by an optometrist or a physician. (2) Inability to walk more than 200 feet without having to stop and rest. (3) Inability to do both of the following:
(b) Walk without the use of a wheelchair, walker, crutch, brace, prosthetic, or other device, or without the assistance of another person. (5) A cardiovascular condition that causes the person to measure between 3 and 4 on the New York heart classification scale, or that renders the person incapable of meeting a minimum standard for cardiovascular health that is established by the American Heart Association. (6) An arthritic, neurological, or orthopedic condition that severely limits the person's ability to walk. (7) The persistent reliance upon an oxygen source other than ordinary air. L. "Highway" or "Street": The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
R. "Officer": A law enforcement officer who is employed by the Bay Mills Indian Community, including Conservation Officers, or any officer deputized by the Bay Mills Indian Community. S. "Operator" or "Operating": Being in actual physical control of a vehicle regardless of whether or not the person is licensed under this Code as an operator or chauffeur. T. "Operator": Every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway. U. "Owner-operator": An individual who holds the legal title of a commercial vehicle and who leases the commercial vehicle under a lease or arrangement whereby the individual is employed by the lessee to operate the leased vehicle. V. "Owner": Means any of the following: (1) Any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period that is greater than 30 days. (2) A person who holds the legal title of a vehicle. (3) A person who has the immediate right of possession of a vehicle under an installment sales contract. W. "Parking": Standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs. X. "Pedestrian": Any person afoot. Y. "Person": Every natural person, firm, co-partnership, limited liability company, association, or corporation and their legal successors. Z. "Registration": A registration certificate, plate, adhesive tab, or other indicator of registration required for display on a vehicle pursuant to this Code. AA. "Revocation": When the operator's or chauffeur's license and privilege to operate an motor vehicle on the public highways are terminated and shall not be renewed or restored until the later of the following: (1) The expiration of not less than 1 year after the license was revoked. (2) The expiration of not less than 5 years after the date of a subsequent revocation occurring within 7 years after the date of a prior revocation. BB. "Right-of-way": The privilege of the immediate use of the highway. CC. "Roadway": That portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes 2 or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway separately, but not to all such roadways collectively. DD. "School bus": Every motor vehicle, except station wagons, with a manufacturer's rated seating capacity of 16 or more passengers, including the driver, owned by a public, private, or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school. School bus does not include buses operated by a tribe or a municipally-owned transportation system or by a common passenger carrier certificated by the Michigan Transportation Department. EE. "Sidewalk": That portion of a street between the curb lines, or the lateral lines of roadway, and the adjacent property lines intended for the use of pedestrians. FF. "Street" or "Highway": The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. GG. "Stand" or "Standing": The halting of a vehicle, other than for the purpose of, and while engaged in, receiving or discharging passengers. HH. "State": Any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. II. "Stop" or "Stopping": Stop or stopping when prohibited, means the halting, even momentarily, of a vehicle, whether occupied or not. The terms do not apply to the halting of a vehicle which is necessary to avoid conflict with other traffic or which is in compliance with the direction of a police officer or traffic control sign or signal.
KK. "Traffic": Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. LL. "Traffic control devices": All signs, signals, markings, and devices not inconsistent with this Code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. MM. "Traffic control signal": Any device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. NN. "Tribal Court": Bay Mills Indian Community Tribal Court, also known as the Bay Mills Tribal Court. OO. "Tribal Police Officer": A law enforcement officer who is employed by the Bay Mills Indian Community, including Conservation Officers. PP. "Tribe": (1) "The Tribe": The Bay Mills Indian Community. (2) "A Tribe": Any federally recognized Tribe. QQ. "Vehicle": Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except only for the purpose of titling and registration under the Michigan Motor Vehicle Code, a mobile home as defined in Section 2 of the Michigan Mobile Home Commission Act, Act No. 96 of the Public Acts of 1987, being Section 125.2302 of the Michigan Compiled Laws. RR. "Tenses": The present tense includes the past and future tenses; and the future, the present. SS. "Number" and "Gender": The singular shall include the plural and the plural shall include the singular; the masculine shall include the feminine and neuter, as requisite. TT. "Shall" and "May": Shall is mandatory and may is permissive.
A person who refuses to comply with the lawful order or direction of a tribal police officer when that officer, for public interest and safety, is guiding, directing, controlling, or regulating traffic upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community may be sentenced to payment of a fine not to exceed $100.
A. Careful and prudent speed (where no posted speed limitation). A person operating or driving a vehicle on a highway within the Bay Mills Indian Community shall drive at a careful and prudent rate of speed not greater nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other existing condition. A person shall not drive a vehicle upon a highway greater than that which will permit a stop within the assured, clear distance ahead. A person who violates this provision may be sentenced to payment of a fine not to exceed $100. B. Posted speed limitation. A person who exceeds any posted speed limitation within the boundaries of the Bay Mills Indian Reservation, may be sentenced as follows: to payment of a fine of $2.00 for each mile per hour over the posted speed limit when that speed is less than ten (10) miles per hour over the posted speed limit or to payment of a fine of $5.00 for each mile per hour over the posted speed limit when that speed is equal to or greater than ten (10) miles per hour over the posted speed limit. C. Exemption. The speed limitations set forth in this provision shall not apply to vehicles when operated with due regard to safety under the direction of the police in the chase or apprehension of violators of the law or persons charged with or suspects of any such violation, nor to fire departments when traveling in response to a fire alarm, nor to a public or private ambulance when traveling in emergencies. However, this exemption shall not protect the driver of such vehicle from the consequences of reckless disregard of the safety of others.
A. Driving on right half of roadway. Upon all highways of sufficient width, the driver of the vehicle shall drive upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction; or (2) When the right half of a roadway is closed to traffic while under construction or repair or when an obstruction exists making it necessary to drive to the left of the center of the highway. A driver who is driving on the left half of a roadway under this subsection shall yield the right-of-way to any oncoming vehicle traveling in the proper direction upon the unobstructed portion of the roadway. B. Passing vehicle proceeding in opposite direction. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other (as nearly as possible) not less than one-half (1/2) of the main traveled portion of the roadway.
E. Limitations applicable to driving left side of roadway. No person shall at any time drive a vehicle to the left side of the roadway under the following conditions: (1) When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within a distance as to create hazard in the event another vehicle might approach from the opposite direction; (2) When the view is obstructed upon approaching within one hundred (100) feet of a bridge, viaduct, or tunnel; or (3) When a no-passing zone is appropriately signed or marked on the roadway. F. Overtaking and passing on right of another vehicle. The driver of a vehicle may overtake and pass upon the right of another vehicle only if one or more of the following conditions exist:
(3) Upon a one-way street or upon a roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and a sufficient width for two (2) or more lines of moving vehicles and when the vehicles are moving substantially continuous lanes of traffic. Further, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the overtaking and passing in safety. The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main traveled portion of the roadway. G. Following too closely; distance between vehicles. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the vehicles and the traffic upon and the condition of the highway. H. Penalty. A person violating this provision may be sentenced to a fine not to exceed $50.
A. Right-of-way; vehicle(s) approach at different time. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. B. Right-of-way; vehicle(s) approach at same time. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. C. Yield sign. The driver of a vehicle approaching a yield sign, in obedience to the sign shall slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to a vehicle for safety to a vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver would be moving across or within the intersection. However, if required for safety to stop, the driver shall stop before entering the crosswalk on the near side of the intersection or, if there is not a crosswalk, at a clearly marked stop sign; but if there is not a crosswalk or a clearly marked stop sign, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
(1) Turning left without a signal or with a 4-way stop. The driver of a vehicle within an intersection where there are no signals or where there is a 4-way stop intending to turn to the left shall yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or so close to the intersection as to constitute an immediate hazard; but the driver, having so yielded and having given a signal when and as required by this provision, may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn. (2) Turning left at a signal. At an intersection where a traffic signal is located, a driver intending to make a left turn shall permit vehicles bound straight through in the opposite direction to pass through the intersection before making the turn. F. Turning left from a highway into a driveway. The driver of a vehicle turning left from a highway into a driveway shall yield the right-of-way to vehicle(s) approaching on the highway. G. Entering or crossing highway from alley, private road, or driveway. The driver of a vehicle about to enter or cross a highway from an alley, private road, or driveway shall come to a full stop before entering the highway and shall yield the right-of-way to vehicles approaching on the highway. I. Approach of funeral procession. Upon the approach of a funeral procession, the driver of another vehicle, with the exception of fire apparatus, ambulances and police vehicles, shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway, clear of any intersection, and shall stop and remain in that position until the entire funeral procession has passed, except when otherwise directed by a tribal police officer. In addition, the driver of a vehicle that approaches a funeral procession from the rear shall not pass said funeral procession. J. Pedestrians. Where sidewalks are provided, a pedestrian shall not walk upon the main traveled portion of the highway. Where sidewalks are not provided, pedestrians shall, when practicable, walk on the left side of the highway facing traffic which passes nearest.K. Penalty. A person who violates any subsection of this provision may be sentenced to a fine not to exceed $100.
A. Turning at intersection. The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(4) Where both streets or roadways are 1-way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway. B. Signals for stopping or turning. (1) Signal required. The driver of a vehicle or bicycle upon a highway, before stopping or turning from a direct line, shall first see that the stopping or turning can be made in safety and shall give a signal as required in this Section. (2) Signal defined. A signal required in this Section shall be given either by means of the hand and arm in the manner specified in this Section, or by a mechanical or electrical signal device which conveys an intelligible signal or warning to other highway traffic. When a signal is given by means of the hand and arm, the driver shall indicate his or her intention to stop or turn by extending his hand and arm from and beyond the left side of the vehicle and signal as follows: (a) Left turn—hand and arm extended horizontally. C. Penalty. A person violating this Section may be sentenced to a fine not to exceed $50.
A. Offense re: stop engine/set brake. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, effectively setting the brake, and when standing upon any grade, turning the front wheels to the curb or side of the highway. B. Penalty. A person who violates this Section may be sentenced to a fine not to exceed $100.
A. Offense. 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, which blocks entry or exit from said driveway. (3) Within an intersection. (4) Within 15 feet of a fire hydrant. (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) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic-control signal located at the side of a highway. (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) Upon a bridge or other elevated highway structure or within a highway tunnel. (13) At a place where an official sign prohibits stopping or parking. (14) Within 500 feet of an accident at which a police officer is in attendance. (15) 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. (16) In a parking space clearly identified by an official sign as being reserved for use by handicappers which is on public property or private property available for public use, unless the person is a handicapper as described in Section 802(K) or unless the person is parking the vehicle for the benefit of a handicapper. In order for the vehicle to be parked in the parking space, the vehicle shall display one (1) of the following: (a) A certificate of identification or windshield placard issued under MCLA 257.675 to a handicapper. (b) A special registration plate issued pursuant to MCLA 257.803d to a handicapper. (c) A similar special certificate of identification or windshield placard issued by a state or a tribe to a handicapper.
(18) In violation of an official sign restricting the period of time for or manner of parking. (19) 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. (20) 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 either the driver, owner or lessee of the vehicle as may be determined to be applicable by the Court.
A. Driver. A person shall not drive a vehicle when it is loaded or when there are in the front seat a number of persons so as to obstruct the view of the driver to the front or sides of the vehicle or so as to interfere with the driver's control over the driving mechanism of the vehicle. B. Passenger. A passenger in a vehicle shall not ride in a position as to interfere with the driver's or operator's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle. C. Penalty. A person who violates any Section of this provision may be sentenced to a fine not to exceed $50.
A. Accident where injury or death. The driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident upon either public or private property, when the property is open to travel by the public, resulting in either injury to or death of a person shall immediately stop his or her vehicle at the scene of the accident and shall remain there until he or she complies with the provisions of Subsection (C) herein; the stop shall be made without obstructing traffic more than is necessary. A person violating this provision may be sentenced to imprisonment of not more than one (1) year, or to payment of a fine not to exceed $2500, or both. In addition, the Tribal Court may order that said driver be prohibited from driving or otherwise operating a motor vehicle upon the highways of the Bay Mills Indian Community for up to one (1) year. B. Accident where damage to property. The driver of the vehicle who knows or who has reason to believe that he or she has been involved in either an accident resulting only in damage to a vehicle which is driven or attended by any person or an accident resulting only in damage to fixtures or other property legally on or adjacent to the highway shall immediately stop such vehicle at the scene of the accident and shall remain there until he or she has complied with the provisions of Subsection (C) herein; the stop shall be made without obstructing traffic more than is necessary. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, or to payment of a fine not to exceed $1,000, or both. C. Reporting to other driver/person: giving information and aid. The driver of any vehicle who knows or who has reason to believe that he or she has been involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his/her name and address, the registration number of the vehicle he or she is driving, the name and address of the owner of the vehicle he or she is driving and shall also exhibit his/her operator's or chauffeur's license to the person struck or the driver or occupant(s) of any vehicle collided with and shall render to any and all person(s) injured in such accident reasonable assistance in securing medical aid or transportation of said person(s). Further, the driver of any vehicle which collides with another vehicle that is unattended, or who knows or has reason to know that he or she has been involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to the highway, shall take reasonable steps to locate and notify the owner or person in charge of such unattended vehicle, fixtures, or other property involved in the accident and also provide his/her name and address, the name and address of the owner of the vehicle which he or she is driving, and the registration number of the vehicle he or she is driving, and shall upon request, exhibit his/her operator's or chauffeur's license to said owner or person in charge; or if such person cannot be located, said driver shall report said accident to the nearest tribal police officer. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, or to payment of a fine not to exceed $1,000, or both. D. Reporting to Tribal Police Officer. The driver of a vehicle involved in an accident either resulting in injury to or death of any person or resulting in property damage to a motor vehicle, fixtures or other property legally on or adjacent to the highway that appears to be in excess of $100 or more, shall as soon as practical thereafter, give notice of such accident to a tribal police officer of the Bay Mills Indian Community. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, payment of a fine not to exceed $1,000, or both.
A. Driving under intoxicating liquor or controlled substance. (1) Offense. A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community if either of the following applies: (a) The person is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance. (b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (2) Penalty; First Offense. A person violating this provision for a first time may be sentenced to community service of not more than forty-five (45) days, imprisonment of not more than ninety (90) days, payment of a fine not to exceed $500, or all of these. In addition, see Subsections E and F below with regard to rehabilitation and license sanctions that may also be imposed by the Court. (3) Penalty; Second Offense. A person violating this provision for a second time may be sentenced to community service of not more than ninety (90) days, imprisonment of not more than one hundred eighty (180) days, payment of a fine not to exceed $1,000, or all of these. In addition, see Subsections E and F below with regard to rehabilitation and license sanctions that may also be imposed by the Court. (4) Penalty; Third Offense or More. A person violating this provision for the third time or more may be sentenced to community service of not more than (180) days, imprisonment of not more than one (1) year, payment of a fine not to exceed $2,500, or all of these. In addition, see Subsections E and F below with regard to rehabilitation and license sanctions that may be also imposed by the Court. (5) Penalty Enhancer Provision. Penalties set forth in this Section may be enhanced at the Court's discretion. In exercising such discretion, the Court may take into account whether an accident occurred where there was a serious injury or death; whether the driver has a prior criminal record; treatment of the officer at the time of arrest by the driver; and other similar factors. (1) Offense. The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the Bay Mills Indian Community by a person who is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (2) Penalty. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, or to payment of a fine not to exceed $500, or both. C. Visibly impaired.
(4) Penalty; Third Offense or more. A person violating this provision for a third time or more may be sentenced to community service of not more than one hundred eighty (180) days, imprisonment of not more than one hundred twenty (120) days, payment of a fine not to exceed $1,250, or all of these. In addition, see Subsections E and F below with regard to rehabilitation and license sanctions that may also be imposed by the Court.
(b) Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, excepting consumption of intoxicating liquor as a part of a generally recognized religious service or traditional ceremony.
(1) Suspend or revoke said license; and/or (2) Require the driver to surrender his or her operator’s or chauffeur’s license to the Court immediately; or (3) Order that the person may not drive or otherwise operate a motor vehicle upon the highways or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community for a definite or indefinite period of time, subject to the Court’s decision. (1) Drive to and from the person's residence and work location. (2) Drive in the course of the person's employment or occupation.
In the event that the Tribal Court orders such a license restriction, the Court Order shall indicate the work, school or other appropriate location of the person to whom it is issued and the approved route or routes and permitted times of travel.
A. Arrest without warrant where reasonable cause. An officer may arrest a person without a warrant or detain a person for such arrest when the officer has reasonable cause to believe the person was, at the time of an accident within the Bay Mills Indian Community, the operator of a vehicle involved in an accident and was operating the vehicle in violation of Section 819 A, C or D. B. Preliminary chemical breath analysis. An officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the Bay Mills Indian Community while the person's blood, breath or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than twenty-one (21) years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community while the person had any bodily alcohol content as the term is defined in Section 819 (D)(1) may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered pursuant to this Subsection: (2) The results of a preliminary chemical breath analysis are admissible in a prosecution for a violation of Section 819 for one or more of the following purposes:
(b) The results of the test are admissible in a Court proceeding as provided under this Motor Vehicle and Parking Code and will be considered with other competent evidence in determining the defendant's innocence, guilt or responsibility. (c) He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request. (d) If he or she refuses the request of an officer to take a test described in Subparagraph (a), a test shall not be given without a Court order, but the officer may seek to obtain such a Court order. (e) Refusing an officer's request to take a test described in Subparagraph (a) will result in either the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege or entry of a Court Order prohibiting the operation of a motor vehicle within the Bay Mills Indian Community.
(4) A chemical test described in this Subsection shall be administered at the request of an officer having reasonable grounds to believe the person has violated Section 819. A person who takes a chemical test administered at an officer's request as provided in this Section shall be given a reasonable opportunity to have a person of his or her own choosing administer one of the chemical tests described in this Subsection within a reasonable time after his or her detention. The test results are admissible in Court and shall be considered with other competent evidence in determining the defendant's innocence, guilt or responsibility. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged is responsible for obtaining the chemical analysis of the test sample. (5) If, after an accident, the driver of a vehicle involved in an accident is transported to a medical facility and a sample of the driver's blood is withdrawn at the time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in the person's blood at the time of the accident, regardless of whether the person had been offered or refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a tribal or other applicable prosecuting attorney who requests the results for use in a prosecution. A medical facility or person disclosing information in compliance with this Subsection is not civilly or criminally liable for making the disclosure. (6) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a matter directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent's blood at the time of the accident. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to any other applicable law enforcement agency. (7) In administering chemical tests for the purposes of this Section, a tribal officer shall comply with any uniform rules that are promulgated by the Michigan Department of State Police; similarly, an instrument for preliminary chemical breath analysis may be used for a chemical test described in this Subsection if approved pursuant to rules promulgated by the Michigan Department of State Police.
(2) If there were at the time more than 0.06 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provision of Section 819 (C) due to the consumption of intoxicating liquor. (3) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor. G. Admissibility of evidence. A person's refusal to submit to a chemical test as provided in Subsection C is admissible in a prosecution described in Section 819 (C )(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence, guilt or responsibility. In a jury trial, the jury shall be instructed accordingly. H. Refusal to submit to chemical test. If a person refuses the request of an officer to submit to a chemical test offered pursuant to Subsection C above, a test shall not be given without a Court Order, but the officer may seek to obtain the Court Order. 821. OPEN INTOXICANT(S) IN MOTOR VEHICLE. A. Driver/Owner. The owner and/or driver of a motor vehicle shall not possess or allow to be maintained open intoxicant(s) in or on a motor vehicle when such vehicle is in operation upon the highway(s) of or in an area used principally for public parking within the Bay Mills Indian Community. C. Open intoxicants defined. An open intoxicant is any bottle or receptacle containing alcoholic beverages that has been opened, or the seal broken, or the contents of which have been partially removed. D. Utility/Glove Compartment. A utility compartment or glove compartment of a motor vehicle shall be deemed to be within the area occupied by the driver and passengers of said vehicle. E. Penalty. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, payment of a fine not to exceed $500, or both.
A. Driver and/or passenger. Each driver and front seat passenger of a motor vehicle operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community shall wear a properly adjusted and fastened safety belt, except that a child less than four (4) years of age shall be protected by a child restraint system as required in Section 823 of this Code. B. Child four (4) years of age but less than sixteen (16) years of age. Each driver of a motor vehicle transporting a child four (4) years of age or more but less than sixteen (16) years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. (1) The first exception to Subsection B is that a child at least four (4) years of age or more but less than sixteen (16) years of age may be transported in the rear seat or seats of a vehicle with no safety belt if: (a) the vehicle is transporting more children than there are safety belts, and
(a) the motor vehicle is a pick-up truck without an extended cab or jump seats and all safety belts in the front seat are being used, the driver may transport such a child in the front seat without a safety belt. C. Exceptions. This Section shall not apply to a driver or passenger of: (1) A motor vehicle manufactured before January 1, 1965. (2) A bus. (3) A motorcycle. (4) A moped. (5) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons. (6) A motor vehicle which is not required to be equipped with safety belts under federal law. (7) A commercial or United States Postal Service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services. (8) A motor vehicle operated by a rural carrier of the United States Postal Service while serving his or her rural postal route. (9) A passenger of a school bus. D. Penalty. A person who violates this Section may be sentenced to a fine not to exceed $200.
A. Offense. A driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system which meets the standards prescribed in 49 CFR 571.213 as follows: (2)Any child one (1) year of age or more but less than four (4) years of age, when transported in the front seat. (3) Any child one (1) year of age or more but less than four (4) years of age, when transported in the rear seat; however, as an alternative, a child of this age when transported in the rear seat may be secured by a safety belt provided in the motor vehicle. B. Exception. This Section does not apply if the motor vehicle being driven is a bus, school bus, taxi cab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under federal law or regulation. C. Penalty. A person who violates this Section may be sentenced to a fine not to exceed $250.
A. Possession of valid license. A person shall not drive a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community unless he or she possesses at all times a valid operator or chauffeur license, and.shall display the same upon demand of any Tribal Police Officer, who shall identify himself or herself as such. A person violating this provision may be sentenced to imprisonment of not more than sixty (60) days, payment of a fine not to exceed $100, or both. B. Invalid License. A person shall not drive a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community unless that person has a valid operator's or chauffeur's license with the appropriate group designation and/or other indorsements for the type or class of vehicle being driven or towed as required by the State or Tribe that issued said license. A person violating this provision may be sentenced to imprisonment of not more than ninety (90) days, payment of a fine not to exceed $150, or both. C. Suspended or Revoked License. A person shall not drive a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community if that person's license has been canceled, suspended or revoked by any State or Tribe. A person violating this provision may be sentenced to imprisonment of not more than one hundred eighty (180) days, payment of a fine not to exceed $1,000, or both. In addition, the Tribal Court may report this violation and the disposition of the same to the State or Tribe that canceled, suspended or revoked said license. E. Permit operation of vehicle in violation of this section. No person shall knowingly authorize or permit a motor vehicle owned by him/her or under his/her control to be driven by any person who is in violation of Subsections A, B, C or D herein. A person violating this provision may be sentenced to imprisonment of not more than thirty (30) days, payment of a fine not to exceed $300, or both. F. Permit operation of vehicle by unlicensed minor. It shall be unlawful for any person to cause or knowingly permit any minor to drive a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community unless the minor has first obtained either a license to drive a motor vehicle or a temporary instruction driving permit as referred to in Subsection (G) herein. A person violating this provision may be sentenced to imprisonment of not more than thirty (30) days, payment of a fine not to exceed ($300), or both. G. Temporary instruction driving permit. In the event that a person has been issued a temporary instruction driving permit by a Tribe or State, said person shall not drive a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community unless he or she possesses said temporary instruction driving permit and is accompanied by a licensed adult operator or chauffeur who is actually occupying a seat beside the driver. A person violating this provision may be sentenced to imprisonment of not more than thirty (30) days, payment of a fine not to exceed $300, or both.
A. Owners/Operator. The owner of a pick-up truck or a person in charge or in control of a pick-up truck shall not permit any passenger who is less than the age of eighteen (18) years to ride in the box portion of the pick-up truck at any time. B. Passenger. A passenger in a pick-up truck who is less that the age of eighteen (18) years shall not ride in the box portion of a pick-up truck at any time. C. Penalty. A person violating this Section may be sentenced to imprisonment of not more than ninety (90) days, payment of a fine not to exceed $1,000, or both.
A. Registration. A person shall not drive or otherwise operate a motor vehicle or other vehicle that is required to be registered under the laws of the State of Michigan or a Tribe upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community that is not properly registered in accordance with the laws of the State of Michigan or a Tribe. B. Registration/License Plate. A person shall not operate, nor shall an owner knowingly permit to be operated, upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Bay Mills Indian Community a vehicle required to be registered in accordance with the laws of the State of Michigan or a Tribe unless there is attached to and displayed on the vehicle a valid registration or license plate in the location on said vehicle as required by Michigan or Tribal Law.
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