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[2003]
Tribal Council finds that the Community will benefit from regulations governing safe use of ATVs. Tribal Council finds that unregulated use of ATVs, especially within populated areas such as housing, creates a safety hazard for the operator, pedestrians, residents, automobiles, and others. Tribal Council also finds that unregulated use of ATVs threatens or directly affects the political integrity, the economic security, and/or the health and welfare of the Community. Tribal Council also reaffirms that it is a general policy to promote safety and protection for persons, property, and environment.
Section 47-A.2 Interpretation
This Ordinance should be interpreted with the Community’s safety as the primary purpose and should be construed broadly to accomplish this purpose.
Section 47-A.3 Applicability
This Ordinance applies to all persons operating ATVs within the Tribal housing area, the Many Trails Park and Pow Wow grounds, walking trails, logging trails, and all other Tribal/Bureau of Indian Affairs roadways. This Ordinance does not apply to Tribal emergency ATVs. The court shall have jurisdiction to enforce this Ordinance.
Section 47-A.4 Definitions
(A) “ATV” means an engine-driven device that has a net weight of 650 pounds or less.
(B) “Court” means the Stockbridge-Munsee Tribal Court.
(C) “Law enforcement officer” means the Stockbridge-Munsee Tribal police, or Stockbridge-Munsee Game Warden.
(D) “Operator” means a person driving an ATV, or a person who drove an ATV.
(E) “Property damage” means any physical harm to personal or real property, or cost to repair any personal or real property.
(F) “Roadway” means the road and right of way. Generally, the right of way is forty feet (on each side) from the centerline of road.
(G) “Safety certificate” means documentation issued by a Tribal or state agency that shows that the holder of the safety certificate is properly trained in the safe operation of an ATV.
(H) “Tribal housing area” means the area along Camp 14 Road from Mohecunnuck Road to Murphy’s Road, the roadways, and the general area in between, including Birch, Oak, Maplewood, Cherry and Elm Streets.
(I) “Tribal service providers” means the Family Center, Elder Center, Day Care, Head Start, and other similar programs and facilities.
(J) “Tribe” means the Stockbridge-Munsee Community.
(K) “Waterways” means lakes, ponds, streams, and rivers.
Section 47-A.5 Minimum Requirements and Prohibitions
(A) The minimum age to operate an ATV is twelve (12) years of age.
(1) Effective January 1, 2001 operators under sixteen (16) will be required to have obtained a safety certificate and to carry the safety certificate while operating an ATV.
(B) Operators under eighteen (18) years of age must wear safety helmets.
(C) While operating an ATV:
(1) No more than one person (the operator) may be on an ATV.
(2) Headlights, if equipped on the ATV, must be turned on. If driving at night, the ATV must be equipped with headlight and taillights, and must be turned on.
(3) Operators shall be strictly liable for property damage, except for possible claims of comparative negligence.
(4) The maximum speed limit for ATVs on roadways is 35 miles per hour. If the road is posted at a slower speed, the slower speed is the maximum speed limit.
(5) ATVs are prohibited from operating:
(a) In designated wilderness areas, as defined in the Land Use Plan.
(b) In waterways and on walking trails.
(c) In the Tribal cemetery.
(6) The operator shall always operate the ATV in a reasonably safe manner and shall obey all other rules of the road.
(a) On a roadway, the operator shall drive on the side of the road which is with the general flow of vehicle traffic and shall operate the ATV the furthest to the edge of the roadway (such as on shoulders and in ditches) as is reasonably safe.
(b) Reckless operation by an operator of an ATV is prohibited.
(7) In the Many Trails Park area:
(a) ATV’s are prohibited from operating in the bowl area of POW Wow grounds.
(b) ATV’s are required to stay on marked roadways.
Section 47-A.6 Tribal Housing Area: Safe Zone
(A) Because of the higher population of Tribal members and the high number
of Tribal service providers in the Tribal housing area, the Tribal housing area
is hereby designated a safe zone.
(B) In addition to the requirements in section 47-A.5, ATV operators in the Tribal housing area:
(1) Are prohibited from operating ATVs from 9pm-6am.
(2) Shall operate ATVs no faster than 15 miles per hour.
(3) Shall not operate ATVs on sidewalks or yards, unless the operator is on their own land or land assignment.
(4) Shall use extra caution, including yielding right of way, whenever there are pedestrians or other motor vehicle traffic in the near vicinity.
(5) Shall not cause excessive noise with ATVs.
(6) Shall not use the public driveways of Tribal service providers, unless conducting business.
(7) Shall not use the Tribal housing area as a riding area. In the Tribal housing area, ATVs should only be utilized to get to and from another area.
(a) Operators shall use the shortest distances when entering and exiting the Tribal housing area. For example, operators going to a residence within the Tribal housing area must take the most direct route to the residence.
Section 47-A.7 Enforcement
(A) Any Stockbridge-Munsee law enforcement officer may issue warnings and citations for violations of this Ordinance.
(B) The court may levy fines up to $500.00 for each separate violation of this Ordinance.
(C) The court may also levy any other reasonable penalty the court deems just, including but not limited to, ordering safety classes, and/or suspending or revoking the operator’s privilege to operate an ATV, and/or restitution.
Section 47-A.8 Severability
If a court of competent jurisdiction finds any portion of this Ordinance illegal, the remaining portions of this Ordinance shall remain unaffected and remain in force.
Section 47-A.9 Effective Date
This Ordinance shall take effect 5 calendar days after Bureau of Indian Affairs approval.
Legislative History
Adopted by Tribal Council on August 8, 2000, Resolution No. 048-2000.
Approved by BIA August 23, 2000.