The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

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*Cross references: Transportation of alcoholic beverages, § 14-15.3; gasoline tax, § 105-20 et seq.; roads and highways, ch. 136A.
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Sec. 20-1. Motor vehicle/traffic laws.

(a) In order to ensure consistency in the application and enforcement of all civil and criminal traffic and motor vehicle laws on the Cherokee Indian Reservation and in surrounding areas, the Tribe adopts Chapter 20 of the North Carolina General Statutes and any amendments to that chapter which may be made in the future. In so doing, all persons operating motor vehicles on the Cherokee Indian Reservation must abide by these provisions, including the North Carolina licensing and registration requirements. Any references in Chapter 20 of the N.C.G.S. to violations occurring within the State of North Carolina shall also include violations occurring within the Cherokee Indian Reservation. Speed limits on all state highways shall be established pursuant to NCGS 20-141. The speed limit for the approximately one-half mile section of US 19 running from the east intersection of US 19 with US 441, eastward to SR 1391 shall be 20 miles per hour. Speed limits on all reservation roads (other than state highways) shall be established and posted by the Cherokee DOT in consultation with the Cherokee Police Department.

(b) All civil traffic infractions contained therein shall be enforced by the North Carolina Highway Patrol, Federal Law Enforcement Officers, and the Cherokee Police Department who shall cite all violators into the Cherokee court.

(c) Persons subject to the Cherokee court's civil jurisdiction may have civil penalties imposed as set forth in Chapter 20 of the North Carolina Statutes.

(d) Criminal penalties may only be imposed against persons who are subject to the Cherokee court's criminal jurisdiction and such penalties shall not exceed one year imprisonment, a $5,000.00 fine or both.

(e) All traffic and motor vehicle violations shall be enforced in accordance with existing compacts in an effort to ensure cooperation between all law enforcement agencies.

(Res. No. 200, 10-6-1980; Ord. No. 471, 9-25-1981; Ord. No. 17, 10-19-1983; Res. No. 101, 2-4-1986; Ord. No. 10, 1-8-1998; Ord. No. 287, 7-17-2000)

Sec. 20-2. Reserved.

Editor's note: Ord. No. 287, adopted July 17, 2000 completely repealed the provisions of § 20-2 which pertained to civil traffic infractions and derived from Ord. No. 551, adopted Sept. 9, 1993 and Ord. No. 10, adopted Jan 8, 1998.

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