CHAPTER 17-7
REGULATION & REGISTRATION OF RECREATIONAL VEHICLES
17-7-1 Definitions.
In this chapter, unless the context or subject matter otherwise requires:
(A) “All-terrain vehicle” means any motorized off-highway vehicle fifty inches (1270.00 millimeters) or less in width, having a dry weight of six hundred pounds (272.15 kilograms) or less, traveling on three or more low-pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control.
(B) “Dealer” means every person, partnership, or corporation engaged in the business of buying, selling, or exchanging recreational vehicles, or who advertises, or holds him or herself out to the public as engaged in the buying, selling, or exchanging of recreational vehicles, or who engages in the buying of recreational vehicles for resale.
(C) “Department of Motor Vehicles” the Department of Motor Vehicles shall refer to the Motor Vehicle Registrar of the Prairie Band Potawatomi Nation.
(D) “Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
(E) “Owner” means a person, other than a lien holder, having the property interest in or title to a recreational vehicle and entitled to the use or possession thereof.
(F) “Operate” means to ride in or on and control the operation of a recreational vehicle.
(G) “Operator” means every person who operates or is in actual physical control of a recreational vehicle.
(H) “Personal water craft” means a motorboat that is powered by an inboard motor powering a water jet pump or by an inboard or outboard marine engine and which is designed to be operated by a person sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat.
(I) “Recreational Vehicle” means an all-terrain vehicle, motorboat, personal watercraft and/or snowmobile as defined in this Chapter.
(J) “Register,” means the act of assigning a registration number of a recreational vehicle.
(K) “Roadway” means that portion of a highway, improved, designed, or ordinarily used for vehicular travel exclusive of the berm or shoulder.
(L) “Snowmobile” means a self-propelled vehicle designed for travel on snow, ice, or a natural terrain and steered by wheels, skis, or runners.
(M) “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(N) “Waters of the Prairie Band Potawatomi Jurisdiction” means any waters within the Prairie Band Potawatomi jurisdiction.
17-7-2 Registration; General Requirements.
Except as hereafter provided, no person shall operate a recreational vehicle (except motorboats propelled by a motor having ten (10) horsepower or less) on easements, trails, accesses, lands, lakes, rivers, or streams, within the Prairie Band Potawatomi jurisdiction unless such recreational vehicle shall have a current distinctive number assigned to it by a motor vehicle registration department. Such registration number shall be:
(A) at least two (2) inches in height and of a reflective material and
(B) securely affixed on each side of the forward half of the recreational vehicle in such position as to provide clear legibility and identification. A certificate of registration shall be carried by the operator while operating the recreational vehicle. Such certificate of registration shall include information regarding the manufacturer, make, model, year and serial number, if such information is available; the address of the owner and the address of the former owner or the dealer, as the case may be.
(C) Any recreational vehicle registered with the Motor Vehicle Registrar shall pay the registration fee as set forth in this Title.
(D) As far as is reasonably possible, such numbers shall at all times be kept free and clear of mud, ice or snow, so as to be clearly visible. A person found in violation of this provision will be guilty of an infraction and fined not to exceed one hundred dollars ($100).
17-7-3 Operation of ATV’S and Snowmobiles.
(A) No person shall operate an all-terrain vehicle or snowmobile upon the roadway, shoulder or inside bank or slope of any road, street, or highway in Prairie Band Potawatomi jurisdiction except as provided pursuant to the Title. Not all-terrain vehicle or snowmobile shall be operated at any time within the right of way of any highway within the Prairie Band Potawatomi jurisdiction except for emergency purposes.
(B) An all-terrain vehicle or snowmobile may make a direct crossing of a street or highway provided:
(1) the crossing is made at an angle of approximately ninety (90) degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(2) the all-terrain vehicle or snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(3) the driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and
(4) in crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
(C) No all-terrain vehicle or snowmobile shall be operated on or within the boundaries of any bicycle, hiking or walking path, except that an all-terrain vehicle or snowmobile may make a direct crossing of a bicycle, hiking or walking path.
(D) No all-terrain vehicle or snowmobile shall be operated unless it is equipped with at least one head lamp, one tail lamp, and brakes, all in working order.
(E) It shall be unlawful for any person to drive or operate any all-terrain vehicle or snowmobile the following ways, which are declared to be unsafe and a public nuisance:
(1) At a rate of speed greater than reasonable or proper under all the existing circumstances.
(2) In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.
(3) While under the influence of intoxicating liquor or a controlled substance.
(4) Without a lighted head lamp when required for safety.
(5) Which results in damage or destruction to any tree, nursery, planting or growing stock.
(6) Without a manufacturer-installed or equivalent muffler in good working order and connected to the all-terrain vehicle or snowmobile exhaust system.
(7) Upon any private land where the private land is posted by the owner or tenant prohibiting trespassing. The name and address of the person posting the land and the date of posting shall appear on each sign in legible characters. The posted signs shall be readable from the outside of the land and shall be placed conspicuously at a distance of not more than a quarter of a mile apart, provided further that as to land entirely enclosed by a fence or other enclosure, posting of such signs at or on all gates through such fence or enclosure, shall be construed to be a posting of all such enclosed lands.
(F) When all-terrain vehicles or snowmobiles are operated within the right of way of any road, street, or highway of this jurisdiction pursuant to this Title, during times or conditions that warrant the use of lights, such all-terrain vehicles or snowmobiles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right of way traveled by the snowmobile.
(G) It shall be unlawful for any person to operate an all-terrain vehicle or snowmobile within a highway right of way between April first and November first of any year.
(H) It shall be unlawful for any person to operate an all-terrain vehicle or snowmobile on any water while involved in a drag race as defined by this Title.
(I) A person found in violation of this section will be guilty of an infraction and subject to a fine not to exceed one hundred dollars ($100).
17-7-4 Rules for Operation of All-terrain Vehicles and/or snowmobiles within the Prairie Band Potawatomi Jurisdiction.
No person shall operate an all-terrain vehicle or snowmobile on the streets or alleys within the Prairie Band Potawatomi jurisdiction in violation of this section.
(A) Operators of all-terrain vehicles or snowmobiles may use streets and alleys to leave the town limits and/or to return to their places of residences, by the most direct route only.
(B) All-terrain vehicles and snowmobiles shall not be operated in excess of fifteen (15) miles per hour and shall yield to all automobile traffic and shall observe all traffic controls.
(C) All-terrain vehicles and snowmobiles shall not be operated unless equipped in working order with standard factory muffler that meets reasonable noise standards, one head lamp, one tail lamp, and brakes.
(D) All-terrain vehicles and snowmobiles may be used on the streets in case of an emergency, and when weather and street conditions make the use of automobiles impractical.
(E) All-terrain vehicles and snowmobiles shall not be operated so as to trespass upon any private property or public grounds without consent of the owner, and shall not be operated as to run over any tree, shrub or nursery planting in any park, vacant lot, private property or public property.
(F) All-terrain vehicles and snowmobiles shall not be operated in a careless manner as likely to endanger any person or any property.
(G) All-terrain vehicles and snowmobiles shall not be operated in a reckless manner as to endanger or cause injury or damage to any person or any property. A person found in violation of this subsection shall be subject to the punishment prescribed for the reckless use of a motor vehicle.
(H) A person found in violation of this section, except as provided in subsection (G), will be guilty of an infraction and subject to a fine not to exceed one hundred dollars $100).
17-7-5 Water Vessels.
Every vessel shall have aboard:
(A) One life preserver, buoyant vest, ring buoys or buoyant cushion officially approved and in good and serviceable condition for each person on board.
(B) When in operation during hours of darkness, a light sufficient to make the motorboat’s presence and location known to any and all other vessels within a reasonable distance.
(C) If carrying or using any inflammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to, and during, the time such motorboat is occupied by any person.
(D) Such additional equipment designed to promote the safety of navigation and of persons as the Prairie Band Potawatomi Nation may find to be appropriate and for which it has provided in its rules and regulations.
(E) No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof.
(F) A person found to be in violation of this section will be guilty of an infraction subject to a fine not to exceed one hundred dollars ($100) plus costs.
17-7-6 Vessels – Prohibited Operations.
(A) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb or property of another person.
(1) Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or personnel water craft, or vessel within one hundred feet (100 ft.) of the motorboat or vessel or any other manner that is not reasonable or prudent.
(2) A person found in violation of this subsection will be guilty of an infraction and subject to a fine not to exceed five hundred dollars ($500) plus costs.
(B) No person shall operate any motorboat, vessel, or personal watercraft:
(1) Without each person on board the personal water craft wearing a United States coast guard approved type I, II, III or V personal flotation device;
(2) Within fifty feet (50ft.) of a person fishing from a shoreline, swimmer, swimming diving raft or an occupied, anchored, or non-motorized vessel at greater than slow or no wake speed;
(3) While towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board;
(4) Without a lanyard-type engine cutoff switch being attached to the person, clothing or personal floatation device of the operator, if the personal water craft is equipped by the manufacturer with such a device;
(5) If any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;
(6) To chase or harass wildlife;
(7) Through emergent or floating vegetation at other than slow or no wake speed;
(8) In a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested water craft traffic, jumping the wake of another water craft within fifty feet (50 ft.) of the other water craft; or
(9) In any other manner that is not reasonable and prudent.
(C) A person found in violation of this subsection will be guilty of an infraction and subject to a fine not to exceed one hundred dollars ($100) plus costs.
17-7-7 Collisions, Accidents and Casualties.
(A) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to his or her own vessel, crew and passengers to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. It should also be the operator’s duty to give his or her name, address and identification of the vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
(B) A person found in violation of this section will be guilty of an infraction and subject to a fine not to exceed five hundred dollars ($500) plus costs.
17-7-8 Water skis and Surfboards.
(A) No person shall manipulate any water skis, surfboard or similar device, without wearing an officially approved life preserver.
(B) No person shall operate a vessel on any waters of the Prairie Band Potawatomi jurisdiction towing a person or persons on water skies, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
(C) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or a similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.
(D) No person may operate a vessel towing a person or persons on water skis, a surfboard, or similar device unless there is a person in the towing vessel observing the person or persons being towed.
(E) The provisions of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under the following section.
(F) A person found to be in violation of this section will be guilty of an infraction and subject to a fine not to exceed one hundred dollars ($100) plus costs.
17-7-9 Regatta, Races, Marine Parades, Tournaments, Fishing Derbies or Exhibitions.
(A) The Prairie Band Potawatomi Nation may authorize the holding of regattas, motorboat, or other boat races, marine parades, tournaments or exhibitions on any waters in the Prairie Band Potawatomi jurisdiction. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat, or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof, shall, at least thirty days prior thereto file an application with the Tribal Council for permission to hold such a regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such a regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the Tribal Council.
(B) The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation
(C) A person found in violation of this section will be guilty of an infraction and subjected to a fine not to exceed two hundred dollars ($200) plus costs.
17-7-10 Civil Enforcement.
Violations of this chapter by non-Indians, over which the Prairie Band Potawatomi Tribal Court has no criminal jurisdiction, are declared to be an unlawful public nuisance and subject to civil enforcement. A civil fine may be imposed for any civil violation.
17-7-11 Owner’s Civil Liability.
The owner of a recreational vehicle shall be liable for any injury or damage occasioned by the negligent operation of such vehicle whether such negligence consists of a violation of the provisions of the statutes of the Prairie Band Potawatomi Nation, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable, however, unless such vehicle is being used with his or her express or implied consent. It shall be presumed that such vehicle is being operated with the knowledge and consent of the owner if at the time of the injury or damage, it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family. Nothing contained herein shall be construed to relieve any other person from any liability which the person would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.