Red
Lake Court of Indian Offenses
Code – “Revisions
July 25, 2001”
TITLE XV
SNOWMOBILES, WATERS AND WATERCRAFT
SAFETY
1500.05
Operations
of Snowmobiles Generally.
1500.06
Operation
of Snowmobiles on Streets and Highways
1500.07
Operations
of Snowmobiles by Non-Indian, Non-Residents and Non-Indian Residents.
FIRST ENACTED
SEPTEMBER 10, 1991
The Red Lake Band of Chippewa Indians recognizes the problems and conflicts of interest created by the ever increasing number of snowmobiles operated upon the Red Lake Indian Reservation. Trespassing on the Red Lake Reservation by non-Indian-residents of the Reservation, non-Indian residents of the Reservation and non-member residents of the Reservation is a great concern to the Red Lake Band. The Red Lake Band is also concerned for the safety of snowmobile operators, riders, passengers and other persons in the vicinity of snowmobile operations. Therefore, it is in the interest of the Red Lake Band to adopt a code of rules to govern the operation of snowmobiles upon the Red Lake Indian Reservation.
Subdivision 1. For the purpose of Chapter 1500, the terms defined herein shall have the meaning ascribed to them.
Subdivision 2. "Adult" means any person who is eighteen (18) years old or older.
Subdivision 3. "Operate" means to ride in or on and control the operation of a snowmobile.
Subdivision 4. "Operator" means every person who operates or is in actual physical control of a snowmobile.
Subdivision 5. "Person" includes an individual, partnership,
corporation and any body of persons, whether incorporated or not.
Subdivision 6. "Indian" includes any person who is one-quarter or more Indian blood quantum by heritage or an enrolled tribal member of an Indian Tribe.
Subdivision 7. "Non-Indian" includes any person who is less then one-quarter Indian blood quantum by heritage or who is not an enrolled member of an Indian Tribe.
Subdivision 8. "Non-Resident" includes any person who does not live or make his/her home within the exterior boundaries of the Red Lake Indian Reservation.
Subdivision 9. "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel.
Subdivision 10. "Resident" includes any person who actually lives and make his/her home within the exterior boundaries of the Red Lake Indian Reservation.
Subdivision 11. "Snowmobiles" means a self-propelled vehicle which is designed for travel on snow or ice or a natural terrain and is steered by wheels, skis or runners.
Subdivision 12. "Owner" means a person, other than a lien holder, having the property in or title to a snowmobile and entitle to the use or possession thereof.
Subdivision 13. "Register" means the act of assigning a registration number to a snowmobile.
1500.03 Snowmobiles Registration
Subdivision 1. General Requirements. Any person residing within the exterior boundaries of the Red Lake Indian Reservation may not operate or transport a snowmobile within the Red Lake Indian Reservation unless the snowmobiles has been registered under this chapter.
Subdivision 2. Application for Registration. Application for snowmobile registration shall be made to the Red Lake Tribal Council on such form as prescribed by the Tribal Council. Upon receipt of the application and payment of the appropriate fee, such snowmobiles shall be registered and a registration number assigned. The registration number shall be affixed to the snowmobile in such manner as the agency prescribes.
Subdivision 3. Fees. The fees for registration of each snowmobile, shall be as follows:
a) $ for a period time.
b) $ for a duplicate registration.
Subdivision 4. Utilization of Funds. The revenue generated by the registration of snowmobiles shall be paid to the Red Lake Tribal Council. The expense incurred in the implementation of the registration process shall be paid from the Red Lake Tribal Council.
Subdivision 5. Exemptions. No registration hereunder shall be required for the following described snowmobiles:
a) Snowmobiles owned and used by the United States, a state of the United States, the Red Lake Band of Chippewa Indians or a political subdivision thereof.
b) Snowmobiles covered by a valid license issued by a state and which have not been within the Red Lake Indian Reservation for more than thirty (30) consecutive days.
c) Snowmobiles owned, operated and used by a person who is, participating in a snowmobile race legally sanctioned by the Red Lake Tribal Council.
Subdivision 1. No person under the age of fifteen (15) years shall operate a snowmobile that has a motor rating over nineteen (19) mph.
Subdivision 2. Any person who is under the age of fifteen (15) years must be under direct adult supervision at all time when operating a snow-
mobile.
Subdivision 1. It shall be unlawful for any person to operate any snowmobile in the following manner.
a) At a rate of speed greater than reasonable or proper under all circumstances.
b) In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto;
c) While under the influence of an alcoholic beverage or a controlled substance;
d) Without a lighted head and tail light when required for safety;
e) In any tree nursery or planted area in a manner which destroys growing stock;
f) On private property or land assignment belonging to another person without first having obtained permission from that person.
g) In the residential area of Red Lake, Ponemah and Redly between 10:00 P.M. (CST) and 6:00 A.M. (CST).
Subdivision 1. All operators of snowmobiles shall comply with the following:
a)
Operators
shall yield the right of way to all motor vehicles on a public highway
or
street;
b)
Operators
shall yield the right of way to all pedestrians walking upon a public
highway
or street;
c)
Operators
shall obey all motor vehicle traffic laws while operating a snowmobile
upon a
public highway or street.
Subdivision 1. It shall be unlawful for any non-Indian, non-resident and non-Indian resident to operate a snowmobile upon the Red Lake Indian Reservation without first having obtained consent from the Tribal Council of the Red Lake Band of Chippewa Indians unless the operator's snowmobile is registered pursuant to Section 1500.03 and bears a Red Lake registration number.
Subdivision 2. A non-Indian non-resident who is an employee of the United States Government, the State of Minnesota or the Red Lake Tribal Council or agency thereof, shall be permitted to operate a snowmobile upon the Red Lake Indian Reservation while acting within the scope of their employment.
Subdivision 3. It shall not be unlawful for a non-Indian non-resident to transport a snowmobile through the Red Lake Indian Reservation on arterial highways. Travel to all other areas of the Red Lake Indian Reservation shall be unlawful.
Subdivision 4. All non-Indian non-residents and non-Indian residents who may legally operate a snowmobile on the Red Lake Indian Reservation on public highways or street shall adhere to all the laws of the State of Minnesota governing the operation of snowmobile.
It shall be unlawful for any person to chase, disturb or harass moose, deer, elk, caribou or other wild animals with aid or use of a .22 caliber magnum, on a snowmobile.
Subdivision 1. The Red Lake Tribal Council may adopt rules and regulations to further implement the provisions of Chapter 1500 for the following purposes:
a) To regulate snowmobiles in so far as game and fish resources are affected.
b) To regulate the reporting of accidents which result in injury to a person or damage to property.
c) To regulate the noise created by snowmobiles.
Subdivision 1. Any non-Indian or non-resident who shall violate any provision of Chapter 1500 or any regulation adopted pursuant thereto shall be deemed guilty of trespassing upon the lands of the Red Lake Indian Reservation and shall forthwith be ordered off the Reservation under authority of the Red Lake Band's constitutional power of exclusion as stated in said constitution and in the law. Such violator may in the alternative be charged under federal law (PL 86-634) and referred for appropriate action.
Subdivision 2. Any non-Indian resident who violate any provisions of Chapter 1500 or any regulations adopted pursuant thereto shall be delivered up to the proper officials for prosecution under Minnesota State laws pertaining to the operation of snowmobiles.
Subdivision 3. Any Indian who shall violate any provisions of Chapter 1500 or any regulations adopted pursuant thereto shall be guilty of a misdemeanor and punished in accordance with this Code prescribing punishment for misdemeanor offenses.
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