Chapter 17-4 COMPLAINT AND SUMMONS

CHAPTER 17-4
COMPLAINT AND SUMMONS

17-4-1 Uniform Traffic Complaint and Summons.

There is hereby established a uniform complaint and summons which may be used in cases involving violations of statutes or ordinances relating to the operation or use of motor vehicles. Whenever the complaint and summons established by this section is used, the provisions of the sections relating to arrests without warrants shall not apply, and the judges or prosecuting attorneys shall not be required to make another complaint of the offense charged in the uniform complaint and summons. The uniform complaint established herein shall be printed as a three part self-carboning citation book.

17-4-2 Failure to appear; Hearing Upon Arrest Time; Promise of Defendant to Appear;

The time to be specified in the summons or notice provided for in section shall be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing, and, if the person arrested desires, the person may have the right, at a convenient hour, to an immediate hearing or to a hearing within twenty-four (24) hours, excluding weekends or court observed holidays. Such hearing shall be before a judge of the Prairie Band of Potawatomi Tribal Court. Upon receipt from the arrested person of a written promise to appear at the time and place mentioned in the summons or notice, such officer may release the person from custody. Any person willfully violating a written promise to appear shall pay a fine of not more than $500 and may be subject to the provisions of the Nonresident Violator Compact, an additional assessment of court costs or other procedures provided for by this Title.

17-4-3 Offenses Under Which Person Arrested may not be Entitled to Release Upon Promise to Appear.

Notwithstanding other provisions of this Title, an arrested person may not be entitled to release when:

(A) The arresting officer shall have good reason to believe such person guilty of any felony or when such person is arrested and charged with either of the following offenses;

(1) causing or contributing to an accident resulting in injury or death of any person;

(2) driving while under the influence of intoxicating liquor or a narcotic drug.

(B) The arresting officer, acting within discretion, deems it inadvisable to release such person upon a promise to appear when arrested and charged with reckless driving.

17-4-4 Display of Number Plates.

Except as otherwise specifically provided, no person shall operate or drive a vehicle on the public highways within the Prairie Band Potawatomi jurisdiction unless such vehicle shall have a current registration tag with distinctive numbers assigned to it by a motor vehicle registration department or similar legally authorized agency on the rear of such vehicle, securely fastened. Numbered plates assigned to a motorcycle, trailer or house trailer shall be attached to the rear thereof. As far as is reasonably possible, such plates shall at all times be kept free and clear of mud, ice or snow so as to be clearly visible and all number plates, markers, or evidence of registration or licensing except for the current year shall be removed from such vehicle. Any person violating this section will be charged with an infraction and penalized with a fine not to exceed seventy-five dollars ($75).

17-4-5 Driving Without a License.

(A) No person shall drive a motor vehicle on the public and/or state highways within the jurisdiction of the Prairie Band Potawatomi Tribal Court without a valid driver’s or chauffeur’s license in possession.

(B) Any person violating this section will be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100.00).

17-4-6 Permitting an Unauthorized Minor to Drive.

(A) No person shall permit a child or ward under the age of eighteen years to drive a motor vehicle on the public highways unless such minor is licensed to drive or has a valid permit issued by a motor vehicle department or similar legally authorized agency and is accompanied by an adult with a valid driver’s license.

(B) Any person convicted of violating this section shall be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100).

17-4-7 Driving Without Required Registration or with Vehicle in Unsafe Condition.

(A) No person shall operate a motor vehicle on the roadways within the Prairie Band Potawatomi jurisdiction unless such vehicle is in safe condition and complies with applicable registration laws of the Prairie Band Potawatomi and/or the State of Kansas.

(B) Any person convicted of violating this section shall be charged with an infraction and penalized with a fine not to exceed seventy-five dollars ($75).

17-4-8 Starting, Turning and Stopping without Regard to Safety.

(A) No person shall start a vehicle, which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.

(B) No person shall turn a vehicle at an intersection unless the vehicle is in such position on the highway that such movement can be made with reasonable safety, and a signal of intention to turn right or left, when required, has been given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.

(C) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(D) The signals herein required shall be given either by means of the standard hand and arm signals or by mechanical or electrical signal device.

(E) Every person driving a vehicle approaching an intersection with a stop sign, or flashing red light, shall stop on the near side of the intersection, or railroad grade crossing at the point where the person has a view of approaching traffic and shall not proceed until the intersection in clear.

(F) No person shall drive a vehicle through, over or within a safety zone.

(G) Any person who violates a provision within this section shall be charged with an infraction and penalized with a fine not to exceed fifty dollars ($50).

17-4-9 Speeding; Driving Without Due Caution.

(A) Every person operating or driving a vehicle of any character on a highway within the Prairie Band Potawatomi jurisdiction shall drive in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, condition of brakes, condition of surface, freedom from obstruction to view ahead and the rights of any other person entitled to the use of the street or highway.

(B) Any speed not in excess of the limits specified in this section shall be lawful, subject to subsection (A), but it is illegal for any person to drive at any speed in excess of the limits specified in this section.

(1) Twenty-five (25) miles per hour in any urban district unless a different speed is posted;

(2) Twenty (20) miles per hour when passing a school during recess or when children are coming to or from school during opening and closing hours;

(3) Twenty (20) miles per hour when approaching within fifty (50) feet of a railroad grading or highway intersection or when the driver’s view is obstructed within a distance of one hundred (100) feet;

(4) Forty-five (45) miles per hour on all other roadways except fifty (50) miles per hour on 150th Road between U.S. highway 75 and Harrah’s Casino, fifty-five (55) miles per hour on 158 Road and seventy (70) miles per hour on U.S. Highway 75, except if posted at a lower speed limit. The speed limits set forth above shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law nor to fire departments when traveling in response to a fire alarm, nor to public or private ambulances when traveling in emergencies, this exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of maximum speed greater than is reasonable and proper under the conditions then existing.

(5) Any person who speeds, drives without due caution or drives at a speed greater than is reasonable under the conditions then existing, shall be charged with an infraction and pay a base fine of not more than $50 plus not more than the following amounts:

(a) for 1-10 mph over the limit, $10,

(b) for 11-20 mph over the limit, $10 plus $2 for each mph over 10 mph over the limit,

(d) for 31 or more mph over the limit, $60 plus $5 for each mph over 30 mph over the limit.

(e) For any second offenses of this section occurring within one year of the first offense, an additional base fine of not more than $50 may also be imposed.

17-4-10 Radar Evidence in Speed Violations.

The speed of any motor vehicle may be checked by the use of radio microwaves or other electrical device. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle where the speed of the motor vehicle is at issue. The driver of any such motor vehicle may be arrested without a warrant or may be issued a traffic complaint and summons under this section, provided the arresting officer is in uniform or displays his or her badge of authority and provided that such officer has observed the recorded of speed of such motor vehicle by the radio microwaves or other electrical device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio micro waves or other electrical device.

17-4-11 Garages to Report.

The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a reportable accident or of being struck by any bullet, shall report or cause a report to be made to the Prairie Band Potawatomi Police within twenty-four (24) hours after such motor vehicle is received, and, before any repairs are made to such vehicle, giving to the police the registration number, and the name and address of the owner, operator, or person in control of such vehicle with a description of the location and type of damage to the vehicle or any missing parts. Any person intentionally violating this section shall be charged with an infraction and pay a fine not to exceed one hundred dollars ($100.00) and may be subject to criminal violations under this Code.

17-4-12 Reckless Driving.

(A) Any person who drives a vehicle carelessly and heedlessly in willful or wanton disregard of the rights and safety of others or without due caution and circumspection at a speed or in a manner so as to endanger or likely to endanger any person or the property of another is guilty of reckless driving.

(B) Any person violating this section shall be guilty of a misdemeanor offense and subject to a fine of not more than $500, imprisonment of not more than six months, court costs and may be deprived of the right to operate a motor vehicle for a period not to exceed one (1) year.

17-4-13 Driving Or In Actual Physical Control While Under the Influence of Intoxication Liquors or Drugs.

(A) It is unlawful and punishable for any person who is under the influence of intoxicating liquor or who is under the influence of any drug to a degree which renders the person incapable of safely driving a motor vehicle to operate or be in actual physical control of any motor vehicle upon a public highway, roadway or public parking area within the jurisdiction of the Prairie Band Potawatomi jurisdiction.

(B) It is unlawful and punishable for any person who has 0.08 percent or more by weight of alcohol in the person’s blood to drive or be in actual physical control of a vehicle upon a public highway, roadway or public parking area within the Prairie Band Potawatomi jurisdiction

(C) Every person who is convicted of a violation of subsection (A) or (B) shall, notwithstanding anything to the contrary in this code, be subject to mandatory sanctions in accordance with the following:

(1) For a first offense, the sentence must include both a fine of at least $250 and not more than $2,500 and an order for addiction evaluation by an appropriate licensed addiction treatment program and three (3) days imprisonment or ten (10) days community service.

(2) For a second offense within five years, the sentence shall include at least four (4) days imprisonment of which forty-eight (48) hours must be served consecutively, or a maximum of eighty (80) hours of community service; a fine of at least $500 and not more than $2,500; and an order for addiction evaluation by an appropriate licensed addiction treatment program.

(3) For a third or additional offense within five years, the sentence shall include at least sixty (60) days but not more than one year of imprisonment of which forty-eight (48) hours must be served consecutively; a fine of at least $1,000 and not more than $2,500 and an order for addiction evaluation by an appropriate licensed addiction treatment program.

(4) The execution or imposition of a minimum sentence under this section may not be suspended or deferred except that the court may, in lieu of all or part of the fines or imprisonment, order community service.

17-4-14 Implied Consent to Determine Alcoholic Content of Blood.

(A) Any person who operates a motor vehicle upon the public highways within the Prairie Band Potawatomi jurisdiction shall be deemed to have given consent subject to the provisions of this chapter to a chemical test or tests, of his or her blood, breath, saliva or urine for the purpose of determining the alcohol or drug content of his or her blood. The test or tests shall be administered at the direction of a law enforcement officer only after placing such person under arrest and informing the person that he or she is or will be charged with the offense of driving or being in actual physical control of a vehicle upon the public highways while under the influence of intoxicating liquor or any drug. The arresting officer shall determine which of the aforesaid tests shall be used.

(B) In any prosecution if it is shown that the person operated a motor vehicle and refused to consent to a chemical test or test of his or her blood, breath, saliva or urine for the purpose of determining the alcohol or drug content of blood, proof of refusal is admissible in any criminal or civil action and raises is a presumption that the person was under the influence of alcohol and or drugs at the time he or she was driving.

(C) If a person operates a motor vehicle and refuses to consent to a chemical test or test of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol or drug content of his or her blood, the person will be subject to costs and deprived of the right to operate a motor vehicle for one (1) year.

17-4-15 Persons Qualified to Administer Tests.

Only a physician, or a qualified technician, chemist or registered nurse acting at the request of a law enforcement officer may withdraw blood for purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath, saliva or urine specimen. The person tested may, at the person’s own expense, have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer; however, the results of this additional test shall be made available to the clerk of the Tribal Court for purposes of introduction into evidence, without defendant’s consent. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests taken at the direction of law enforcement officer. Upon the request of the person who is tested, full information of the test or tests taken at the direction of the law enforcement officer shall be made available to the person.

17-4-16 Consent of Person Incapable of Refusal not Withdrawn.

Any person who is dead, unconscious or who is otherwise in a condition rendering him or her incapable of consent, shall be deemed to have consented to such test or tests and the test or tests may be given.

17-4-17 Interpretation of Chemical Tests.

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, evidence of the amount of alcohol or drugs in the persons blood at the time of the act alleged as shown by a chemical analysis of blood, breath, saliva or urine is admissible. For the purpose of this section:

(A) If there was at that time less than 0.06 percent by weight of alcohol in the person’s blood, it shall be a rebuttable presumption that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.

(B) If there was at that time 0.06 percent or more, but less than 0.08 percent by weight of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(C) If there was at that time 0.08 percent or more by weight of alcohol in the person’s blood, it shall be a rebuttable presumption that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(D) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per 210 liters of breath.

(E) The results of such chemical analysis shall be received in evidence when it is shown that the test was fairly administered, provided that a test of a person blood, urine, breath or other bodily substance and the result thereof is further shown to have been performed according to methods and/or with devices approved by the State of Kansas Toxicologist and by an individual possessing a certificate of qualification to administer the test issued by the State Toxicologist. The State Toxicologist is authorized to approve satisfactory techniques, devices and methods of chemical analysis. The State Toxicologist may appoint, train, certify, and supervise field inspectors of breath testing equipment and its operation, and the inspectors shall report the findings of any inspection to the State Toxicologist for appropriate action.

(F) If there is evidence the person had also consumed a drug it will be in the Tribal Court’s discretion whether or not to allow the presumption provision of this section into evidence.

17-4-18 Failure to Drive on Right Side of Roadway.

(A) Upon all highways of sufficient width, the driver of a vehicle shall drive upon the right half of the highway, except:

(1) when overtaking and passing another vehicle proceeding in the same direction; or

(2) when the right half of the roadway is closed to traffic while under construction or a repair or a sign is posted for one-way traffic or other conditions.

(B) No person shall at any time drive a vehicle to the left side of the roadway when:

(1) approaching the crest of a grade or upon a curve in the distance so as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; or

(3) the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.

(C) Any person violating this statute shall be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100).

17-4-19 Following too Closely.

(A) 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 such vehicle and the traffic upon and condition of the highway.

(B) Any person violating this section shall be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100).

17-4-20 Overtaking a Vehicle Without Regard to Safety.

(A) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass it at a safe distance to the left, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(B) The driver of the vehicle overtaken shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(C) No person shall drive a vehicle to the left side of the center line of a highway in overtaking another vehicle unless such left side is clearly visible and is free from oncoming traffic for a sufficient distance ahead to permit such overtaking to be made in safety. No driver shall overtake another vehicle in a no passing zone or where the solid yellow/white stripe is in the lane the driver is traveling in, indicating no passing.

(D) A driver who overtakes a vehicle in violation of this section will be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100).

17-4-21 Failure to Stop for School Bus Flashing Lights.

(A) Every driver shall stop before reaching a school bus receiving or discharging school children, when flashing lights are in operation, and shall not proceed until the school bus resumes motion, or signaled by the bus driver to proceed.

(B) Any driver failing to stop and wait at such signal will be charged with an infraction and upon conviction thereof shall be penalized with a fine not to exceed one hundred twenty dollars ($120).

17-4-22 Failure to Give Right of Way.

(A) The driver of a vehicle about to enter or cross a highway from a private drive or road shall yield the right of way to all vehicles approaching on the highway.

(B) When two (2) vehicles from different highways enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to all vehicles approaching on the highway.

(C) The driver of a vehicle within an intersection intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.

(D) The driver of a vehicle approaching but not having entered an intersection shall yield the right of way to a vehicle already within such intersection and making a left turn, providing the driver of the vehicle turning left has given a plainly visible signal of intention to turn.

(E) The driver of any vehicle upon a highway within a business or residence district shall yield the right of way to a pedestrian crossing at any marked or unmarked crosswalk at an intersection.

(F) Any driver who fails to give right of way will be charged with an infraction and penalized with a fine not to exceed fifty dollars ($50).

17-4-23 Stopping, Standing or Parking on a Highway.

(A) No person shall park or leave standing any vehicle, whether attended or unattended, upon the paved or unpaved traveled portion of such highway; but in every event an unobstructed width of highway opposite the standing vehicle shall be left free for the passage of other vehicles and the vehicle must clearly be visible for a distance of five hundred (500) feet to the driver of vehicles approaching from either direction.

(B) When any duly authorized law officer finds a vehicle standing upon a highway within the Prairie Band Potawatomi jurisdiction in violation of this statute, the officer is hereby authorized to move or tow such vehicle or require the driver or person in charge of such vehicle to move such vehicle to the nearest place of safety. If a vehicle is towed at the request of a law enforcement officer, the owner of the vehicle will be required to pay all expenses for towing and storage of the vehicle.

(C) 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.

(D) Any driver who starts, stops or parks on a roadway in violation of this section will be charged with an infraction and pay a fine not to exceed $50.

17-4-24 Stopping, Standing, or Parking Prohibited.

(A) No person may stop, stand, or park a vehicle in any of the following places:

(1) within ten (10) feet of a fire hydrant;

(2) in a designated fire lane;

(3) on the roadway side of any vehicle stopped or parked;

(4) at any place where official signs prohibit stopping; or

(5) in front of a public or private driveway.

(B) Any driver who stops, stands, or parks on a roadway in violation of this section will be charged with an infraction and pay a fine not to exceed $50.

(C) When any duly authorized law officer finds a vehicle in violation of this statute, the officer is authorized to move such vehicle at the owner’s expense or require the driver or person in charge of such vehicle to move such vehicle out of the prohibited area.

17-4-25 Obstruction to Driver’s View or Driving Mechanism.

(A) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.

(B) No driver shall allow any passenger in a vehicle to ride in such position as to interfere with the driver’s view ahead or to the sides or to interfere with his or her control over the driver’s mechanism of the vehicle.

(C) Any driver who violates this section will be charged with an infraction and pay a fine not to exceed twenty-five ($25).

17-4-26 Driving Without Liability Insurance Prohibited.

No person may drive a motor vehicle within the Prairie Band Potawatomi jurisdiction without having proof of adequate liability insurance in possession in the vehicle. The Prairie Band Potawatomi Motor Vehicle Registrar will have the authority to implement regulations in accordance with this section. Any person violating this section will be charged with an infraction and pay a fine not to exceed five hundred dollars ($500) and/or be subject to suspension or revocation of driving privileges until the driver can present liability insurance. Until such time as the Nation may specifically enact different insurance requirements, the scope and amounts of the required liability insurance coverage shall be at least the scope and no less than the coverage amounts that are required by the State of Kansas for its citizens in general.

(Amended by PBP TC No. 2002-082, June 18, 2002)

17-4-27 Riding on Fenders, Bumpers or Running Boards.

No driver shall permit passengers to ride on the fenders, bumpers, running boards or anywhere outside the interior passenger areas of the vehicle nor shall any passenger ride on the fenders, bumpers, running boards or anywhere outside the interior passenger areas of the vehicle. It shall be an exception to this section when the action is done as part of an occupational requirement not otherwise in violation of the Occupational Safety and Health Act. Any person who violates this section will be charged with an infraction and pay a fine not to exceed one hundred fifty dollars ($150).

17-4-28 Pedestrians on Roadways without Regard for Safety.

(A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield right of way to all vehicles upon the roadway.

(B) Where sidewalks are provided, it is unlawful for any pedestrian to walk along or upon an adjacent roadway. Where sidewalks are not provided, a pedestrian walking along a highway shall, when practical, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

(C) No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any car.

(D) No person shall walk upon or along the highway while under the influence of intoxicants.

(F) Any person who violates this section will be charged with an infraction and pay a fine not to exceed one hundred dollars ($100).

17-4-29 Driving in Violation of an Order of the Court.

(A) Any person whose right to operate a motor vehicle has been suspended or revoked by the Tribal Court or any Department of Motor Vehicles and who, within the period fixed by the Court order, knowingly drives or attempts to drive a motor vehicle in violation of this section upon a public highway, shall be fined not more than $1,000 and imprisoned not more than 90 days.

(B) Every person who is convicted of driving in violation of this section shall be sentenced pursuant to this Code, with costs, and within the discretion of the Court may be further deprived of the right to operate a motor vehicle for an additional period of one (1) year and required to pay an additional fine of not more than $2,500.

17-4-30 Duties in the Event of an Accident.

(A) The driver of any vehicle 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 immediately stop such vehicle at the scene of such accident as close thereto as possible and shall give his or her name, address, and the registration number of the vehicle he or she is driving and shall upon request, and if available, exhibit his or her driver’s or chauffeur’s license to the person struck or to the driver of any vehicle collided with or to the peace officer who comes to the accident scene and shall render to any person injured in such accident reasonable assistance, including hospital or medical attention.

(B) The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle of the name and address of the driver and of the owner of such vehicle doing the striking and a statement of the circumstances thereof or if unable to locate or notify the operator or owner leave a written statement of the same.

(C) The driver of any vehicle involved in an accident resulting in damage of fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of the accident and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available, exhibit his or her operator’s or chauffeur’s license or if unable to locate the owner or person in charge leave a written statement of the same.

(D) The driver of a vehicle involved in an accident:

(1) resulting in injury to or death of any person; or

(2) resulting in property damage to another or others to an apparent extent of one-thousand dollars ($1,000) or more shall, as soon as practicable thereafter, give notice of such accident to a police officer of the Prairie Band Potawatomi.

(E) Any driver who willfully violates this section will pay a fine not to exceed $1,000 and be imprisoned for not more than 30 days.

17-4-31 Law Officers to Report Accident.

Every Prairie Band Potawatomi law enforcement officer, who, in the regular course of duty, investigates a motor vehicle accident either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses shall, within twenty-four (24) hours after completing such investigation, forward a written report of the accident to the Prairie Band Potawatomi Chief of Police. Any officer who fails to comply with this section will be subject to disciplinary action as determined by the Tribal Police Chief.

17-4-32 Seat Belt Usage.

All persons riding in the front seat of a passenger vehicle must be secured with a safety belt. Children under the age of two must be properly secured in an approved child restraint system when riding in a passenger vehicle that is operated by the child’s parent or legal guardian. All children age two, three or four must be secured in an approved child restraint system or safety belt when residing in any passenger vehicle that is operated by the child’s parent or legal guardian. All child restraint and safety belts must meet the safety standards adopted by the U.S. Department of Transportation or its successors and must be used according to manufacturer’s instruction.

17-4-33 Crash Helmets and Eye-Protective Devices Required for Operators of and Passengers on Motorcycles, Snowmobiles, and All-terrain Vehicles.

Every operator and passenger on a motorcycle, snowmobile or all-terrain vehicle who is under 18 years of age shall at all times when in motion be required to wear a crash helmet. No person shall operate a motorcycle unless the person is wearing an eye-protective device except when the motorcycle has a windscreen that is at least 10 inches high when measured from the center of the handlebars. Any operator or passenger who violates this section will be charged with an infraction and penalized with a fine not to exceed $50.

(Amended by PBP TC No. 99-102, July 7, 1999)

17-4-34 Number of Riders on Motorcycles, All-terrain Vehicles and Snowmobiles Limited.

No motorcycle, designed to travel with fewer than three (3) wheels in contact with the ground, nor all-terrain vehicle or snowmobile shall be operated with more than one (1) person thereon except that a motorcycle or snowmobile may be operated with not more than two (2) persons riding thereon, if it is designed specifically for the purpose of carrying more than one (1) person in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat attached firmly behind the operator. Any driver who violates this section will be charged with an infraction and pay a fine not to exceed fifty dollars ($50).

17-4-35 When Lighted Lamps are Required.

Every vehicle upon a highway within the Prairie Band Potawatomi jurisdiction at any time from sunset to sunrise and at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred (500) feet ahead, shall display lighted lamps and illuminating devices. Any driver who violates this section will be charged with an infraction and pay a fine not to exceed $50.

17-4-36 Visibility Distance and Mounted Height of Lamps.

(A) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices on vehicles, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.

(B) Every head lamp on every motor vehicle, including every motorcycle and motor driven cycle shall be located at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty-four (24) inches. Any driver who violates this section will be charged with an infraction and pay a fine not to exceed $50.

(C) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches and not less than twenty (20) inches. Any driver who violates this section will be charged with an infraction and penalized with a fine not to exceed $50.

17-4-37 Head Lamps on Motor Vehicles.

(A) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of motor vehicle.

(B) Every motorcycle, all-terrain vehicle, snowmobile and every motor driven cycle shall be equipped with at least one and no more than two head lamps.

17-4-38 Tail Lamps.

(A) Every motor vehicle, motorcycle, all-terrain vehicle, snowmobile, trailer, semi-trailer, pole-trailer, and any other vehicle which is being drawn at the end of a train or vehicle, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as herein before required, shall emit a red light plainly visible from a distance of one thousand (1,000) feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rear most vehicle need actually be seen from the distance required. Every such above mentioned vehicle manufactured or assembled after January 1, 1964, shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which when lighted as herein required shall comply with the provisions of this section.

(B) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty (50) feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

17-4-39 Lamp or Flag on Projecting Load.

Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load at the times when lighted lamps are required to be on, a red light or lantern plainly visible from a distance of at least six hundred (600) feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme ends of such load a red flag or cloth not less than twelve (12) inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear, unless such vehicle is not on a public highway or roadway. Any driver who violates this section will be charged with an infraction and penalized with a fine not to exceed one hundred dollars ($100).

17-4-40 Brake Equipment Required.

(A) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway within the Prairie Band Potawatomi jurisdiction shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.

(B) Every farm tractor, motorcycle, all-terrain vehicle, snowmobile and motor driven cycle, when operated upon a highway within the Prairie Band Potawatomi jurisdiction shall be equipped with at least one (1) brake, which may be operated by hand or foot.

(C) Every trailer or semitrailer when operated upon a highway within the Prairie Band Potawatomi jurisdiction at a speed in excess of fifteen miles per hour shall be equipped with safety chains or brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall be so designed and connected that in case of an accidental break away of the towed vehicle the brakes shall be automatically applied.

(D) Any driver who violates this section commits an infraction and will be fined in an amount not to exceed fifty dollars ($50).

17-4-41 Horns and Warning Devices, Mufflers, Prevention of Noise.

(A) Every motor vehicle when operating on a highway within the Prairie Band Potawatomi jurisdiction shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with the driver’s horn but shall not otherwise use such horn when upon a highway.

(B) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell except as otherwise permitted in this section.

(C) Any commercial vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

(D) Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of such vehicle shall sound said siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof and to attract the attention of the pursued car thereby giving the driver of the pursued car an order to pull over to the side of the road and to stop.

(E) Any driver, who violates this section will be charged with an infraction and penalized with a fine not to exceed $50.

17-4-42 Mufflers, Prevention of Noise.

Every motor vehicle, motorcycle, all-terrain vehicle and snowmobile shall be equipped with a muffler in good working operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut out, bypass or similar device upon a motor vehicle. Any driver who violates this section will be charged with an infraction and penalized with a fine not to exceed $50.

17-4-43 Mirrors.

Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such motor vehicle. Any driver who violates this section will be charged with an infraction and be fined not to exceed $50.

17-4-44 Windshields must be Unobstructed and Equipped with Wipers.

(A) No person shall drive any motor vehicle with any sign, poster or other non-transparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the drivers clear view of the highway or any intersecting highway.

(B) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield which device shall be so constructed as to be controlled by the driver of the vehicle.

(D) Any driver who violates this section will be charged with an infraction and be fined not to exceed $50.

17-4-45 Restrictions on Tire Equipment.

(A) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery.

(B) No person shall operate or move on any highway within the Prairie Band Potawatomi jurisdiction any motor vehicle trailer or semi-trailer having any metal tire in contact with the roadway.

(C) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires which have protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions.

(D) It shall also be permissible to use from October 15th to April 15th, pneumatic tires which have metal studs which do not project more than one-sixteenth (1/16) of an inch beyond the tread of the traction surface of the tire.

(E) Any driver who violates this section will be charged with an infraction and be fined not to exceed $50.

17-4-46 Vehicle to be Constructed to Prevent Sifting or Leaking Loads.

No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, shifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened, so as to prevent said covering or load from becoming loose, detached or in any manner be a hazard to other users of the highway. Any driver who violates this section will be charged with an infraction and be fined not to exceed one hundred dollars ($100).

17-4-47 Registration Card to be Carried in Driver’s Compartment; Inspection of Card.

The registration card issued for a vehicle shall be carried in the driver’s compartment of the vehicle at all times while the vehicle is being operated upon a highway within the Prairie Band Potawatomi jurisdiction. Such card shall be subject to inspection by police officers commissioned to enforce the tribal laws. Any person violating any of the provisions of this section will be charged with an infraction and be fined not to exceed one hundred dollars ($100). Any person who can show proof of registration to the Tribal Court within thirty (30) days may have the fine waived at the discretion of the Tribal Court.

17-4-48 Special Lighting and Warning Equipment on School Buses.

It shall be unlawful to operate any flashing warning signal light on any school bus except when said school bus is stopped on a highway for the purpose of permitting school children to board or alight from said school bus. Any driver who violates this section will be charged with an infraction and be fined not to exceed $50.

17-4-49 Supervision of Students on School Buses.

It shall be unlawful to operate any school bus with more than five school children unless, in addition to the driver, there is another adult who shall be responsible for the supervision of the children riding on the bus.

17-4-50 Duty of Drivers upon Approach of Police or Fire Department Vehicle.

Upon the approach of any police, fire department vehicle, or authorized emergency vehicle giving an audible signal by bell, siren, exhaust whistle, or emergency lights, the driver of every vehicle shall immediately drive to a position on the side of the roadway unless otherwise directed by a police or traffic officer until the police, fire department vehicle, or authorized emergency vehicle shall have passed. Any person found in violation of the above will be charged with an infraction and be fined not to exceed one hundred dollars ($100). This provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highways.

17-4-51 Fleeing or Attempting to Elude a Peace Officer.

Any driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop, shall be fined not more than $1,000 and imprisoned not more than six months unless such failure to stop, fleeing or attempt to elude occurs in a residential area, school zone or within the boundaries of a town or village, then the person shall be fined not more than $5,000 and imprisoned not more than one year. A signal complies with this section if the signal is perceptible to the driver and:

(1) if given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the stopping vehicle is appropriately marked showing it to be and official police vehicle; or

(2) if not given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the officer is in uniform and prominently displays the officer’s badge.

17-4-52 Penalties not Otherwise Prescribed.

Any person convicted of an offense enumerated in this Title for which the penalty is not otherwise prescribed will be charged with an infraction, be fined not to exceed one hundred dollars ($100), and pay all related costs. For all offenses, court cost may be imposed.

17-4-53 Statute of Limitations.

No legal action shall be maintained under this chapter unless the action shall have been commenced within twelve (12) months after the commission of the infraction or offense.