CHAPTER 14 - - RED CLIFF TRAFFIC CODE
14.1 SECTION 1: SCOPE AND PURPOSE
The Tribal Council of the Red Cliff Band of Lake Superior Chippewa Indians finds that the operation of motor vehicles on reservation threatens and has a direct effect on the political integrity, economic security and health and welfare of the tribe and its members. Pursuant to the inherent powers of the Red Cliff Band to exercise civil authority over the conduct of members and non-members operating motor vehicles on reservation, the Tribal council of the Red Cliff Band has enacted this Red Cliff Traffic Code regulating traffic within the boundaries of the Red Cliff Reservation.
14.2 SECTION 2: CITATION
When any provision of this Red Cliff Traffic Code incorporates by reference a provision of the Wisconsin Statutes, the Red Cliff Traffic Code section shall be cited as RC followed by the section number of the Wisconsin Statutes which constitutes the underlying violation. (For example, RC 346.46 is a citation to a violation of the Red Cliff Traffic Code based upon an underlying violation of sec. 346.46 of the Wisconsin Statutes).
14.3 SECTION 3: DEFINITIONS
The definitions of terms used in this Red Cliff Traffic Code shall be those of Chapter 340 of the Wisconsin Statutes.
14.4 SECTION 4: INCORPORATION OF WISCONSIN STATUTES
It is a violation of the Red Cliff Traffic Code for any person while within the Red Cliff Reservation to do any act, whether by omission or commission, which would constitute a violation of Chapter 346 or Chapter 347 of the Wisconsin Statutes if committed within the jurisdiction of the State of Wisconsin.
14.5 SECTION 5: PARKING
It is a violation of the Red Cliff Traffic Code for any person to:
Stop or leave standing any motor vehicle at the entrance of the fire or ambulance building so as to inhibit free passage of emergency vehicles.
Park or leave standing any motor vehicle where a no parking area is designated by a posted sign.
Park or leave standing a motor vehicle, whether attended or unattended, and whether temporarily or otherwise, within any Red Cliff housing development unless said vehicle is within the designated areas for parking, which are those areas covered with gravel blacktop or concrete.
Leave an inoperable vehicle standing on any portion of any leased premises within any Red Cliff housing development.
Park on the north side of the Red Cliff Lanes driveway from Highway 13 to the parking lot.
Park on the side of the Church Road from Highway 13 to the Buffalo Arts Center parking lot.
Park, stop or leave standing any vehicle upon any portion of a street, or public or private parking facility reserved for vehicles which are designated for a physically disabled person.
Remove a Red Cliff parking citation from a motor vehicle unless such person is the owner or operator of the vehicle.
14.6 SECTION 6: REMOVAL OF ILLEGALLY PARKED VEHICLES
Any vehicle parked, stopped or standing upon any street, highway or parking facility in violation of any of the provisions of this Red Cliff Traffic Code is declared to be hazard to traffic and public safety.
Such vehicle shall be removed by the operator or owner immediately upon request of any Law Enforcement Officer to a position where parking is permitted.
It is a violation of the Red Cliff Traffic Code for an owner or operator to fail to remove an illegally parked vehicle immediately after being requested to do so by a Law Enforcement Officer.
Any Law Enforcement Officer after issuing a citation for illegal parking, stopping or standing of an unattended vehicle in violation of this code is authorized to remove such vehicle to a position where parking is permitted.
The Law Enforcement Officer may order a towing service to remove and store such vehicle.
The owner or operator of such vehicle shall be liable for towing or other fees incurred for the removal of said vehicle.
14.7 SECTION 7: REGISTRATION RECORD OF VEHICLE AS EVIDENCE
When a vehicle is found upon a street or highway in violation of any provision of this code regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this code and shall be subject to applicable civil forfeitures plus court costs, penalty assessments, and towing charges.
14.8 SECTION 8: DISORDELY CONDUCT WITH A MOTOR
No Person shall operate a motor vehicle so a to cause or provoke a disturbance of the peace, including but
not limited to unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of engines, or blowing of horn.
14.9 SECTION 9: SPEED LIMIT
- It is a violation of the Red Cliff Traffic Code to:
(A) Operate any motor vehicle in excess of 35 MPH upon Blueberry(Government) Road from the junction of Highway 13 and Blueberry Road to the junction of Bishop Lane and Blueberry Road.
(B) Operate any motor vehicle in excess of 25 MPH upon Blueberry Road from the junction of Bishop Lane and Blueberry Road to the north side of Red Cliff Creek.
(C) Operate any vehicle in excess of 35 MPH from the north side of Red Cliff Creek to the junction of Emils Road and Blueberry Road.
- It is a violation of the Red Cliff Traffic Code for the operator of any motor vehicle to operate such vehicle upon the following roadways within the Red Cliff reservation at a speed in excess of 20 miles per hour:
(a) That portion of Butterfield Road, Old Housing Road, Pikes Road, Buffalo Road or any other road within 300 feet of any housing development.
No person shall drive a vehicle in excess of any speed limit indicated by official traffic signs.
14.10 SECTION 10: LICENSE AND REGISTRATION
Except as otherwise provided in this Red Cliff Traffic Code, it is a violation of this Code for a person to do any act which is a violation of sec. 341.04 or sec. 343.05 of the Wisconsin Statutes.
14.11 SECTION 11: OPERATION OF MOTOR VEHICLES BY THE HANDICAPPED
The Tribal Council finds that transportation in an isolated, rural area is especially difficult for residents of the Red Cliff Reservation with physical disabilities who have no access to a bus, van, car or other means of transportation. The lack of adequate transportation for persons unable to walk even short distances on reservation directly affects the economic security and health and welfare of the tribe. Pursuant to its civil authority over members and non-members on reservation, the Tribal Council enacts this section regulating the use of motor vehicles by the handicapped.
Qualified handicapped individuals may operate motor vehicles on roadways within the Red Cliff Reservation subject to the restrictions of this section.
- No person shall operate a motor vehicle which is not registered and licensed by the State of Wisconsin on any roadway within the reservation unless such vehicle:
(a) Is equipped with working safety features including headlights, taillights, braking system, fenders; and
Displays a slow-moving vehicle sign mounted on the rear of the vehicle; and
(b) Displays a slow-moving vehicle sign mounted on the rear of the vehicle; and
(c) Is registered with the Red Cliff Police Department; and
(d) Is operated by a qualified handicapped driver who has a valid special handicapped drivers license issued by the Red Cliff Police Department.
- No person shall operate a motor vehicle not registered and licensed by the State of Wisconsin, whether or not the operation of the vehicle conforms to the requirements of sec. 4.11.3, if:
(a) The vehicle carries a passenger;
(b) The operator license or vehicle registration has been suspended or revoked;
(c) The vehicle is driven along Highway 13, provided that nothing in this paragraph (3) shall be construed to prohibit a licensed handicapped operator tram crossing Highway 13 after stopping and yielding the right of way to all vehicles approaching on the highway;
(d) The operator is intoxicated as defined in Chapter 346 of the Wisconsin Statutes; or
(e) The vehicle is driven in excess of speed limits established in this Red Cliff Traffic Code.
14.12 SECTION 12: PENALTIES
A violation of the Red Cliff Traffic Code is a civil forfeiture violation punishable by a maximum civil forfeiture of $5,000.00.
The amount of any civil forfeiture imposed by this Code shall be an amount within the range of monetary forfeitures provided in the Wisconsin Statutes for the applicable underlying violation of the Wisconsin Statutes.
In the event that no civil forfeiture amount is specified for a violation of this Code, the civil forfeiture imposed shall be at least $20.00 but not greater than $250.00, plus court costs and penalty assessments.
Court costs of $10.00 are imposed in addition to any civil forfeiture.
A penalty assessment of 15% of the amount of any civil forfeiture imposed for a violation of this Red Cliff Traffic Code is hereby imposed for the Red Cliff Law Enforcement Training and Improvement Fund.
14.13 SECTION 13: CITATION PROCEDURE
- If a person is cited for a violation of this Red Cliff Traffic Code, the Law Enforcement Officer shall issue a citation and, (a) may release him, and may then cite him for a violation of state law, or (b) shall release him when he:
(a) makes a deposit under sec. 14.14; or
(b) presents a guaranteed forfeiture bond certificate conforming to the requirements of sec. 345.61, Wisconsin Statutes; or
(c) signs a signature bond on a form prescribed by the Tribal Council.
14.14 SECTION 14: DEPOSIT
A person cited for a violation of this Red Cliff Traffic Code may make a deposit prior to a scheduled court appearance, which deposit shall be forfeited to the Red Cliff Tribal Court in the event that the accused fails to appear in court. The deposit shall include the amount of the civil forfeiture, plus court costs and applicable penalty assessments, as provided in the Uniform State Traffic Deposit Schedule of the State of Wisconsin in effect at the time the violation occurred. If the defendant is found not guilty following a trial the deposit shall be returned to the defendant.
14.15 SECTION 15: FAILURE TO APPEAR
If the defendant fails to appear in court at the time fixed in the citation or by subsequent postponement, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs and penalty assessments, not exceeding the amount of the deposit.
14.16 SECTION 16: OTHER REGULATIONS; INTERPRETATION; NOTICES
The savings clause, publication, and all other provisions of Chapter 27 of the Red Cliff Code of Laws shall apply to this Red Cliff Traffic Code.
In the event that any provision of this Red Cliff Traffic Code conflicts with the provisions of the Wisconsin Statutes, this Red Cliff Traffic Code shall govern.
In the event that any section of the Wisconsin Statutes which is the underlying basis of a provision of the Red
Cliff Traffic Code requires that a report, notice, or other document be filed with the State Department of Transportation, such report, notice, or other document shall be filed with the Red Cliff Band.
The sole punishment imposed for a violation of this Red Cliff Traffic Code is a civil forfeiture imposed by sec. 14.12 of this Code, and no criminal penalty, penal sum, criminal forfeiture, or term of imprisonment shall be imposed on any person for any violation of this code.
The operation of Snowmobile and Off-Road Vehicles shall be governed by Chapter 13 of the Red Cliff Code of Laws.