Article 6 Traffic Code

ARTICLE 6 TRAFFIC CODE

PART 1 GENERAL PROVISIONS

SECTION 6.1.010 APPLICABILITY

There is hereby established a traffic safety code officially known as “The Ysleta del Sur Pueblo Traffic Code”.

The following article shall hereinafter be referred as the “Traffic Code.” An action under this code does not preclude other possible actions under another section of this Code or criminal action by another jurisdiction.

SECTION 6.1.020 PURPOSES AND INTERPRETATION

The Ysleta del Sur Pueblo "Traffic Code" shall be interpreted and understood to accomplish the following objectives:

(A) Preserve the peace, harmony, safety, health and general welfare of the people of the Tribe and those permitted to enter or reside on the Reservation;

(B) Protect the political integrity and economic security of the Tribe;

(D) Ensure order on all Reservation Roadways;

(E) Resolve Traffic Disputes fairly and efficiently;

(F) Establish a code to regulate traffic on any Tribal roadway;

(G) Provide for the fair and impartial treatment of traffic infraction violators within the jurisdiction of the Reservation in recognition of an individual’s right to due process and the sovereign status of the Ysleta Del Sur Pueblo; and

(H) Place authority on Tribal Police to enforce and uphold Ysleta del Sur Pueblo Traffic Codes.

SECTION 6.1.030 JURISDICTION

The jurisdiction of the Tribal Court is set forth in Section 2.2.040 of Article 2, the Judicial Code of the Ysleta del Sur Pueblo.

Pursuant to the inherent powers of the Ysleta del Sur Pueblo to exercise civil authority over the conduct of any person operating motor vehicles on the Reservation, the Ysleta del Sur Pueblo enacts the Traffic Code regulating traffic on any roadway within the exterior boundaries of the Ysleta del Sur Pueblo including the Old Pueblo Road district.

The Traffic Code shall be enforced by the Ysleta del Sur Pueblo Tribal Police Department and its tribal law enforcement officers.

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SECTION 6.1.040 DEFINITIONS

"Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter.

“Commercial Vehicle” means a motor vehicle, other than a motorcycle, designed or used for:

(A) The transportation of property;

(B) Delivery purposes;

(D) Towing a trailer or semitrailer;

(E) Drawing other vehicles and not constructed so as to carry any load independently or as a part of the weight of a vehicle or load it is drawing,

(F) That transports passenger cars loaded on the vehicle while the vehicle is engaged with a semitrailer transporting passenger cars; or

(G) Is designed or used primarily for pulling other vehicles and constructed to carry only a part of the weight of a vehicle it is pulling.

"Crosswalk" means:

(A) That part of a roadway at an intersection included within the connections of the lateral lanes of the sidewalk on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable road.

(B) “Marked crosswalk" means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"Driver" means any person who operates, drives or has physical control of a vehicle.

"Electric bicycle" means a bicycle that:

(A) Is designed to be propelled by an electric motor, exclusively or in combination with the application of human power;

(B) Cannot attain a speed of more than 20 miles per hour without the application of human power; and

"Laned Road" means a roadway that is divided into two or more clearly marked lanes for vehicular traffic.

"Law Enforcement Officer" means:

(A) Ysleta del Sur Pueblo Tribal Police officer

(B) Any other law enforcement member commissioned by the U.S. Government, State of Texas, County of El Paso or City of El Paso performing official duties.

"Light truck" means a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a manufacturer's rated carrying capacity of 2,000 pounds or less.

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"Moped" or “Scooter” means a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which:

(A) Cannot produce more than two-brake horsepower; and

(B) If an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.

"Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.

"Motor-driven cycle" means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less. The term does not include an electric bicycle.

"Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.

"Marked Crosswalk" see "crosswalk"

“Motor Vehicle” means a vehicle designed or used primarily for the transportation of persons or property that is self-propelled.

“No Contest Plea”: non-contested payment of traffic infraction or citation where the defendant does not admit or deny the infraction with the civil assessment paid in full by the defendant to close the case.

"No Parking Zone" means a space adjacent to a curb in which no parking shall be allowed for any purpose, other than authorized tribal uses. Such zones shall be marked by painting the curb yellow or red, or by appropriate signs.

"Off Road Vehicle" means a motor vehicle that is:

(A) Equipped with a seat for the use of the rider;

(B) Designed to propel itself with three or four tires in contact with the ground;

(D) Not designed by the manufacturer for farming or lawn care.

(E) Vehicles commonly referred to as “all-terrain vehicles”, which include but are not limited to dirt bikes, mini- bikes, quads and three-wheelers.

"Old Pueblo Road District" means the portion of roadway known as Old Pueblo Road between Alameda and Socorro Roads located within the exterior boundaries of the reservation (between 119 and 122 S. Old Pueblo Road).

“Operator” means (see Driver).

"Owner" means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle. The term:

(A) Includes a person entitled to use and possess a vehicle subject to a security interest; and

(B) Excludes a lien holder and a lessee whose lease is not intended as security.

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"Park where prohibited" means any stopping or standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading passengers.

"Passenger car" means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.

"Pole trailer" means a vehicle without motive power:

(A) Designed to be drawn by another vehicle and secured to the other vehicle by pole, reach, boom, or other security device; and (B) Ordinarily used to transport a long or irregularly shaped load, including poles, pipes, or structural members, generally capable of sustaining themselves as beams between the supporting connections.

"Road tractor" means a motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load.

"Roadway" means any highway, road, street, lane, trail, path or parking area which members of the public are entitled to use, regardless of the nature of its surface or the agency responsible for its maintenance.

"School activity bus" means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, or a school bus.

"School bus" means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport preprimary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority.

"Semitrailer" means a vehicle with or without motive power, other than a pole trailer:

(A) Designed to be drawn by a motor vehicle and to transport persons or property; and

(B) Constructed so that part of the vehicle's weight and load rests on or is carried by another vehicle.

"Special mobile equipment" means a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway. The term:

(A) Includes ditch digging apparatus, well boring apparatus, and road construction and maintenance machinery, including an asphalt spreader, bituminous mixer, bucket loader, tractor other than a truck tractor, ditcher, leveling grader, finishing machine, motor grader, road roller, scarifier, earth-moving carryall and scraper, power shovel or dragline, or self-propelled crane and earthmoving equipment; and

(B) Excludes a vehicle that is designed to transport persons or property and that has machinery attached, including a house trailer, dump truck, truck-mounted transit mixer, crane, and shovel.

"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

"Stop" when required means complete cession of movement.

"Stop, stopping or standing" when prohibited means any stopping or standing of a vehicle, whether 4 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15 occupied or not, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic-control sign or signal.

"Towable recreational vehicle" means a non-motorized vehicle that:

(A) Is designed:

(i) to be towable by a motor vehicle; and

(ii) for temporary human habitation for uses including recreational camping or seasonal use;

(B) Is permanently built on a single chassis;

(D) May be used permanently or temporarily for advertising, selling, displaying, or promoting merchandise or services, but is not used for transporting property for hire or for distribution by a private carrier.

"Tribal Law Enforcement Officer" means any YDSP law enforcement personnel exercising lawful authority such as:

(A) The Alguacil -when performing official duties

(B) Ysleta del Sur Pueblo Tribal Police Officer.

"Tribal Official" means any person authorized to officiate over tribal business or functions of Ysleta del Sur Pueblo who has no individual authority to waive Tribal Sovereign immunity.

"Trailer" means a vehicle, other than a pole trailer, with or without motive power:

(A) Designed to be drawn by a motor vehicle and to transport persons or property; and

(B) Constructed so that no part of the vehicle's weight and load rests on the motor vehicle.

"Truck" means a motor vehicle designed, used, or maintained primarily to transport property.

"Truck tractor" means a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.

"Vehicle" means a device that can be used to transport or draw persons or property on a highway.

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PART 2 ENFORCEMENT OF TRAFFIC LAWS

SECTION 6.2.010 GENERAL PENALTY PROVISIONS

(A) A person committing a violation under this code shall be subject to a civil assessment as set forth in this chapter.

(B) In addition to, or in lieu of, the civil assessment, the Court may grant such other relief as is necessary and proper, including, but not limited to the following: restrict driving privileges within the Ysleta del Sur Pueblo, community service, restitution, treatment/counseling, driving courses, traditional sanctions, loss of driving privileges within the exterior boundaries of the Ysleta del Sur Pueblo and or expulsion from tribal properties.

(C) A Tribal Police Officer may upon court order seize property pursuant to Article 4, Peace Code, of the Tribes Code of Laws, Section 4.2.090 Seizure/Forfeiture of Property when the Traffic Infraction is a Class A or above or when the owner has failed to resolve outstanding citations.

SECTION 6.2.020 CLASSIFICATION OF PARKING AND TRAFFIC INFRACTIONS

(A) Traffic infractions are categorized according to the seriousness of the violation. These civil infractions shall be divided into six (6) categories:

1) Class P - Parking Infraction 2) Class PP - Parking Infraction 3) Class C - Traffic Infraction 4) Class B -Traffic Infraction 5) Class A - Traffic Infraction 6) Class AA - Traffic Infraction

(B) The following civil assessment shall apply to each traffic infraction:

1) Class P Parking Infraction - a civil assessment not to exceed $50 2) Class PP Parking Infraction - a civil assessment not to exceed $75 3) Class P and PP Parking infractions are also subject to § 6.10.010 procedure for immobilization or impoundment 4) Class C Traffic Infraction - a civil assessment not to exceed $250 5) Class B Traffic Infraction- a civil assessment not to exceed $ 500 6) Class A Traffic Infraction - a civil assessment not to exceed $1,500 7) Class AA Traffic Infraction - a civil assessment not to exceed $5,000

SECTION 6.2.030 PENALTIES FOR REPEATED CIVIL INFRACTIONS

Any person who repeatedly violates the Traffic Code shall also be subject to the following:

(A) A person violating a Class P or Class PP traffic infraction three (3) or more times within two (2) years may be subject to a Class C Civil Assessment; or

(B) A person violating a Class C traffic infraction three (3) or more times within two (2) years may be subject to Class B Civil Assessment; or

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subject to a Class A Civil Assessment; or

(D) A person violating a Class A civil infraction three (3) times or more within two (2) years may be subject to a Class AA Civil Assessment; or

(E) A person violating a Class AA civil infraction three (3) times or more within two (2) years may be subject to expulsion or exclusion.

SECTION 6.2.040 TRAFFIC CITATIONS: DISPOSITION AND RECORDING

(A) In order to ensure compliance of the YDSP Traffic Code, Tribal Law Enforcement Officers of the YDSP Police Department are permitted to issue citations for Traffic infractions violations. Parking infractions shall be issued by the YDSP Police Department Chief of Police or an authorized tribal official.

(B) The purpose of the citation is to maximize effective utilization of tribal law enforcement Personnel and assist the Tribal Court in the effective disposition of civil infraction violations.

(C) The individual receiving a traffic infraction citation is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation. Failure to sign citation could result in further court action.

(D) Every police officer upon issuing a traffic citation to an alleged violator of any provisions of this Article shall deposit the original and a conformed copy of the traffic citation with the Tribal Court including any void citations. It is not permitted to void citations other than when incorrect information is entered during the process of issuing a citation and a corrected citation is issued.

(E) Upon submitting the traffic citation with the Tribal Court, the charge may be disposed of through no-contest plea payment or by trial in the court or other official action by the court, including payment of a fine to the court or other appropriate Court sanction. All Parking and Traffic infractions are eligible for no-contest plea fee for the exception of Class A and AA Traffic Infractions.

(F) It is unlawful and Official Misconduct for any tribal officer, tribal official or other tribal employee to dispose of a traffic citation or charge, or of the record of the issuance of the same, in a manner other than as provided by this Code.

(G) All Traffic Assessment Fees for No-Contest pleas shall be set forth by the Tribal Council pursuant to an appropriate Tribal Council resolution.

SECTION 6.2.050 CITATION PAYMENT AND SETTING HEARINGS

All Citations must be answered by;

(A) Payment of No-Contest Plea fee within thirty (30) days of the date of citation, unless an approved payment plan is entered into;

(B) Any person may request a Hearing for Class C and B Infractions within ten (10) days from the date of receiving the citation;

(D) Failure to request a hearing or pay No-Contest Plea fee will result in an outstanding citation;

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(E) All persons receiving a Class A or Class AA Citations must appear for a mandatory hearing as summonsed by the Court;

(F) Failure to appear in court will result in an outstanding citation.

(G) All costs of towing, vehicle booting, storage fees must be paid in full before vehicle is released.

(H) Failure to remit payment through citation or as ordered by the Court will result in an outstanding assessment and will be subject to a ten ($10.00) dollar penalty increase of the original fine every thirty days, but not to exceed 6 months.

(I) Outstanding citations in excess of six months will be assessed an added twenty ($20.00) dollar court processing fee.

(J) Vehicles owned or operated by persons with outstanding citations are also subject to the forfeiture laws of the Ysleta del Sur Pueblo.

SECTION 6.2.060 CIVIL PENALTIES DEFERRED

The Court may defer or suspend civil penalties for a period not to exceed one (1) year if justice so requires and the following criteria is met:

(A) The person has not committed any previous violations of this Code; and (B) The person does not commit any other violations of this Code; and (C) The person does not commit any infractions, violations or offenses in any other jurisdictions; and (D) The person complies with all Court orders concerning the civil infraction to the best of his ability.

SECTION 6.2.070 COMMUNITY SERVICE

The Court recognizes that a civil infraction violator may be unable to make amends. For this reason the Court, at its discretion, may order community service in addition to or in lieu of a civil assessment. The judge shall determine if the person is a suitable candidate for community service and will carry out the service faithfully.

(A) Community Service shall be determined at an hourly rate of five dollars ($5.00) per hour;

(B) This service is limited to: 1) tribal property or tribal agencies; or 2) the primary residence of a tribal elder;

(D) Assistance will be distributed in the order that requests were received.

(E) The YDSP Tribal Court will keep a log of both services requested and performed.

(F) The Court will provide a form for verification of community service to the community service worker.

(G) The community service worker shall be responsible for: 1) obtaining written verification from the monitoring supervisor on the provided form; and 2) submitting the form to the Court as required.

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SECTION 6.2.080 REFERRAL FOR TREATMENT

(A) In lieu of, or in addition to a civil penalty, the Court, at its discretion, may refer persons to mental health providers including an alcohol/substance abuse program, and/ or social services program for an assessment, evaluation, counseling and/or treatment.

(B) After completion of assessment or evaluation, the agency shall report findings and recommendations to the Court or an officer assigned by the Court.

(C) The Court may order mental health providers to submit progress reports of treatment. An officer assigned by the Court shall monitor the person through the reports.

(D) Residential treatments are an option for civil infraction violators upon their request and if substantiated by an authorized mental health agency.

SECTION 6.2.090 SEIZURE / FORFEITURE OF PROPERTY

All property utilized in violation of this Traffic Code shall also be subject to seizure and forfeiture by order of the Tribal Court. The Tribe shall return any property confiscated to its rightful owner unless a complaint for forfeiture is filed within (30) days of the seizure. If the Tribal Court determines that the possession of the property is unlawful or in violation of this Traffic Code, then the property shall become the property of the Tribe.

SECTION 6.2.100 ENFORCEMENT OF CIVIL ASSESSMENTS

(A) In any case where a person has been found to have committed a civil infraction and a civil penalty has been assessed, the person shall have thirty (30) days to pay the civil assessment. For good cause shown, the Court may extend the time for payment or approve an installment plan.

(B) If the person has not paid the civil assessment within the time allotted by the Court, then the Court may issue the following orders, after proper notice and hearing: 1. An order to a Tribal employer garnishing a maximum of ten percent (10%) of their wages; 2. An order to the Tribal Comptroller or other appropriate Tribal Official garnishing up to one hundred percent (100%) of any Tribal per capita distribution; or 3. Sell any property confiscated under section 6.2.090 of this Traffic Code up to the amount of the Civil Assessment at a Tribal Public auction. 4. Temporary Vehicle Impound as specified in a tribal court order; 5. Banishment as specified in a tribal court order; or 6. Restriction or Loss of Tribal Benefits as specified in a tribal court order.

SECTION 6.2.110 CITATION FORM

(A) Traffic Citations shall be consecutively numbered and uniform for all traffic and parking infractions. Citation forms shall be so constructed that the completion of the form shall generate four (4) copies and shall be dispersed in the following manner:

1) White (Original) Affidavit - Court Files 2) Pink Copy - Traffic/Parking Infraction (alleged) violator 3) Yellow Copy - Court’s Active File 4) Golden Rod Copy -YDSP Police Department.

(B) All Traffic Citation Forms shall provide for the following information

1) Infraction information a. Name of issuing officer, officer identification number, YDSP Citation No.; b. Location, address, date and time of infraction; and 9 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

c. Title and Class of Traffic/Parking Infraction; 2) Personal Information a. Name, address, race, sex, date of birth, age and phone number of the alleged traffic violator, employer/address/phone number b. Social Security number, State license or identification number, Drivers license, YDSP Census identification number (if applicable) and place of employment or school and phone number. c. Parent/Guardian information (if minor) including address and phone number. 3) Vehicle information shall include: License plate number, State, Registered year, year model, model, make, color 4) Court Appearance/No Contest Plea a. Scheduled Hearing Date and Time b. Mandatory Hearing Confirmation Statement 5) The affidavit (Original) shall also provide for the following information a. Affiant’s Affidavit statement (on reverse side) c. Complaining witness’ name, address, city, state, zip code, phone number d. Hearing information: attorney; answer, not liable, liable, no contest, finding, not liable, liable and case number 6) The Court’s Active copy shall also provide for the following information: a. Hearing Rescheduling Information; b. Court Additional information such as payment plan, (reverse side) 7) The YDSP Police Department Copy (Golden Rod color) shall also provide for the following: a. Complaining witness’ name, address, city, zip, phone number b. Hearing information: attorney, answer, not liable, liable, no contest including, not liable, liable, and case no. 8) The alleged violator’s copy (Pink) shall also prove for the following information a. Acknowledgement of receipt signature line b. Agreement to answer to citation c. Location of hearing d. Civil penalty for non-appearance (on reserves side) e. Amount of no-contest plea (on reverse side) f. Mailing instructions g. Failure to answer statement

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PART 3 REGULATIONS

SECTION 6.3.010 ESTABLISHMENT OF SPEED ZONES

The Tribal Council or authorized designee may determine what speeds in various locations are greater or less than those necessary on the Reservation as a whole. Upon such determination, the Tribal Council may declare a reasonable and safe speed for such locations, which shall be effective when appropriate signs giving notice thereof are erected. A maximum or minimum speed limit, as declared pursuant to this Section, may be declared to be effective at all times or at such times as are indicated on the speed limit signs. Varying speed limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds. Such varying limits shall be effective when posted upon appropriate fixed or variable signs.

SECTION 6.3.020 SIGNS FOR SPEED ZONES

When the Tribal Council or Authorized Designee establishes a speed zone under the provisions of Section 6.3.010 there shall be erected, at the beginning of each such zone, a sign designating the maximum or minimum allowable speed within the zone, and at the end thereof a sign bearing either the legend "Resume Speed" or setting forth the new maximum minimum speed limit.

SECTION 6.3.030 PLACEMENT OF TRAFFIC CONTROL DEVICES

The Tribal Council or Authorized Designee shall place and maintain such traffic-control devices, conforming to its specifications, upon all Reservation roadways as it deems necessary to indicate and to carry out provisions of this Article or to regulate, warn or guide traffic.

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PART 4 VEHICLE AND DRIVING REQUIREMENTS

SECTION 6.4.010 VALID OPERATOR'S OR CHAUFFEURS LICENSE REQUIRED

It is a traffic infraction for any person to operate any motor vehicle on a tribal Roadway or tribal property within the Reservation without the following in his possession:

(A) A valid and current operator's or Chauffeur's license issued by one of the states of the United States, an Indian nation or by the United States Government; (B) A nonresident may carry on in his possession a valid driver’s license issued by a foreign state or country in which he resides. (C) A valid and current motorcycle or moped operator or chauffeur’s license with the “M” endorsement.

6.4.011 Exceptions

Any person having a valid operator’s license at the time of infraction, but not on his or her possession may present said valid license to the Clerk of the Court and said valid operator’s license will be confirmed and citation cancelled if presented within ten (10) days of citation being issued. No exceptions will be made. Individuals obtaining a new valid operator’s license within ten (10) days of infraction may request a court hearing.

6.4.012 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.4.020 PERMITTING UNAUTHORIZED PERSON TO DRIVE

It is a traffic infraction for any person to knowingly authorize or permit a motor vehicle owned by him or under his control to be operated on any tribal roadway or tribal property on the Ysleta del Sur Pueblo Reservation by a person who is not licensed to drive.

6.4.021 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.4.030 FAILURE TO SHOW PROOF OF FINANCIAL RESPONSIBILITY

It is a violation of this Code for any person owning or operating any motor vehicle upon a Tribal Roadway or Tribal Property within the Reservation to fail to show proof of financial responsibility when required. An owner of motor vehicle may provide evidence of financial responsibility by providing documentation from an insurance company authorized to transact business in the state or other jurisdiction in which the vehicle is registered.

6.4.031 Exceptions

Any person having a proof of financial responsibility at the time of infraction, but not on his or her possession may present the said proof of financial responsibility to the Clerk of the Court and said proof of financial responsibility will be confirmed and citation cancelled if presented within ten (10) days of citation being issued. No exceptions will be made. Individuals obtaining proof of financial responsibility within ten (10) days of infraction may request a court hearing.

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6.4.032 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.4.040 VEHICLE INSPECTION AND REGISTRATION REQUIRED

It is a violation of this Code for any person to operate a motor vehicle upon a Tribal Roadway without an approved vehicle inspection sticker or proof of registration as required in the state or other jurisdiction in which the vehicle is registered. The license plate of each vehicle shall be visible.

6.4.041 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.4.050 VIOLATION OF SAFETY BELT REQUIREMENTS

It is a civil infraction for any person to violate Safety Belt Requirements when:

(A) The person is at least 15 years of age and; is riding in the front seat of a passenger car while the vehicle is being operated and is occupying a seat that is equipped with a safety belt; and he is not secured by a safety belt;

(B) Operates a passenger car that is equipped with safety belts and allows a child who is at least four (4) years of age but younger than fifteen to ride in the front seat of the vehicle without requiring the child to be secured by a safety belt.

(C) Exceptions: A United States Postal employee performing official duties while in an official United States Postal Vehicle is exempt. The person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle. Any person that possesses a medical statement from a licensed physician stating that a seatbelt cannot be worn for medical reasons and provides the statement to the court is also exempt pending verification of document. Any vehicle that was not equipped by the original manufacturer with safety belts or restraints, because they were not legally required.

6.4.051 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.4.060 VIOLATION OF SAFETY BELT REQUIREMENTS FOR CHILDREN

It is a traffic infraction for any person to Violate Safety Belt Requirements for Children if when operating a motor vehicle upon a Tribal Highway or on Tribal Property if he:

(A) Transports a child younger than two (2) years of age and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system;

(B) Transports a child who is at least two (2) years of age but younger than four (4) years of age and does not keep the child secured during the operation of the vehicle in a safety seat system or by a safety belt.

6.4.061 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

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SECTION 6.4.070 EQUIPMENT REQUIREMENTS FOR SAFETY

It is an infraction for any person or for the owner to permit to be driven on any roadway any vehicle, which is in such unsafe condition s to endanger any person.

6.4.071 Lamps

(A) When Lamps are Required 1) Every vehicle upon a highway within this reservation at any time from a half hour after sunset to a half hour before sunrise and any other time when there is not sufficient light to render clearly discernible persons and vehicles on the roadway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as hereafter respectively required for different classes.

(B) Head Lamps on Motor Vehicles 1) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the vehicle. 2) Every motorcycle and every-motor-driven cycle shall be equipped with at least one (1) and not more than two (2) headlamps. 3) Only emergency vehicles may have blue or red colored lamps facing forward

(C) Tail lamps 1) Every motor vehicle, semi-trailer, and pole trailer shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear. 2) Every motor cycle shall be equipped with at least one (1) tail lamp mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear. 3) Every tail lamp on every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches. 4) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear license plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear license plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

(D) Stop Lamps Required 1) Every motor vehicle, semi-trailer and pole trailer shall be equipped with least one stop lamp mounted on the rear, which when lighted shall emit a red or amber light, or a color between red and amber, that is: i. visible from a distance in normal sunlight at a distance of at least 300 feet from the rear of the vehicle; and ii. displayed when the vehicle service brake is applied; 2) Every motorcycle shall be equipped with least one (1) stop lamp mounted on the rear, which when lighted shall emit a red or amber light, or a color between red and amber, that is: i. visible from a distance in normal sunlight at a distance of at least 300 feet from the rear of the vehicle; and ii. displayed when the vehicle service brake is applied;

6.4.072 Multiple-Beam Lighting Equipment Required

A headlamp, auxiliary driving lamp, auxiliary passing lamp, or combination of those lamps mounted on a motor vehicle, other than a motorcycle or motor driven cycle:

(A) Shall be arranged so that the operator can select at will between distributions of light projected at different elevations; and 14 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(B) May be arranged so that the operator can select the distribution automatically.

A lamp shall produce:

(A) An uppermost distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 450 feet ahead during all conditions of loading; and

1. a lowermost distribution of light or composite beam that:

2. is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 150 feet ahead; and

(B) Is aimed so that no part of the high-intensity portion of the beam on a vehicle that is operated on a straight, level road under any condition of loading projects into the eyes of an approaching vehicle operator.

A person who operates a vehicle on a roadway or shoulder shall select a distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a safe distance ahead of the vehicle, except that:

(A) An operator approaching an oncoming vehicle within 500 feet shall select:

1. the lowermost distribution of light or composite beam, regardless of road contour or condition of loading; or

2. a distribution aimed so that no part of the high-intensity portion of the lamp projects into the eyes of an approaching vehicle operator; and

(B) An operator approaching a vehicle from the rear within 300 feet may not select the uppermost distribution of light.

A motor vehicle of a model year of 1948 or later, other than a motorcycle or motor-driven cycle, that has multiple-beam lighting equipment shall be equipped with a beam indicator that is:

(A) Designed and located so that the lighted indicator is visible without glare to the vehicle operator; and

(B) Lighted only when the uppermost distribution of light is in use.

6.4.073 Horns and Audible Warning Devices

Every motor vehicle shall be equipped with a horn in good working order and capable of emitting a sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall when reasonably necessary to insure safe operation, give audible warning with his horn but shall not other wise use such horn when upon a roadway.

6.4.074 Muffler, Prevention of Noises

(A) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a roadway.

15 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(B) The muffler, engine and power mechanism of every motor vehicle shall be so equipped and adjusted to prevent the escape of excessive fumes of smoke.

6.4.075 Emission Systems Required

The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive smoke or fumes. A motor vehicle or motor vehicle engine, of a model year after 1967, shall be equipped to prevent the discharge of crankcase emissions into the ambient atmosphere. The owner or operator of a motor vehicle or motor vehicle engine, of a model year after 1967, that is equipped with an exhaust emission system:

(A) Shall maintain the system in good working condition;

(B) Shall use the system when the motor vehicle or motor vehicle engine is operated; and

(C) May not remove the system or a part of the system or intentionally make the system inoperable in this state, unless the owner or operator removes the system or part to install another system or part intended to be equally effective in reducing atmospheric emissions.

Except when travel conditions require the downshifting or use of lower gears to maintain reasonable momentum, a person commits an offense if the person operates, or as an owner knowingly permits another person to operate, a vehicle that emits:

(A) Visible smoke for 10 seconds or longer; or

(B) Visible smoke that remains suspended in the air for 10 seconds or longer before fully dissipating.

6.4.076 Mirrors

Every Motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the roadway for a distance of at least 200 feet to the rear of the vehicle.

6.4.077 Windshields Unobstructed and Equipped with Mirrors

(A) No person shall drive a motor vehicle with any sign, poster, or with nontransparent material upon or in the front windshield, side wings, or side or rear windows of such vehicle which obstructs the drivers clear view of the roadway or any intersecting roadway.

(B) The windshield on very motor vehicle shall be equipped with a device for leaning rain, show, or other moister from the windshield which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

6.4.078 Steering Wheel

No person shall operate or move a motor vehicle that is equipped with a steering wheel that is less than 33 cm/13 inches in diameter.

6.4.079 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

16 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

SECTION 6.4.080 INSPECTION BY POLICE OFFICERS

(A) Any member of the Tribal Police Department may require, at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required, or that its equipment is not in proper adjustment or repair, the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.

(B) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the designated officer shall give a written notice to the driver. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto, and requiring that the vehicle be presented to the Tribal Police Department for inspection and approval within five (5) days.

(C) It is a civil infraction for any person failing to meet the requirements of subsection B of this Section, and subsequently operating said vehicle on any roadway within the Reservation.

6.4.081 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

6.4.082 Definitions

As used in this section:

“Unsafe” equipment includes, but is not limited to tires, safety guards or flaps; faulty break system; steering system, lighting equipment horns or warning devices, mirrors, windshield wipers, exhaust system, missing fuel tank cap, any other faulty equipment that is evident to said police officer.

SECTION 6.4.090 TRANSPORTING LOOSE MATERIALS PROHIBITIONS

It is a traffic infraction for any person or the person's agent or employee, excluding the Tribe and the state but including an agent of the tribe or the state, to transport loose material in violation of this section. This shall apply to any motor vehicle, trailer, or semitrailer operated on any roadway except:

(A) A vehicle or construction or mining equipment that is:

(1) moving between construction barricades on a public works project; or (2) crossing a roadway

6.4.091 Civil Penalty

An infraction committed under this section is a Class C traffic infraction.

6.4.092 Requirements for Transporting Loose Materials

(A) Any vehicle subject to this section shall be equipped and maintained as required to prevent loose material from escaping by blowing or spilling.

(B) A vehicle bed carrying a load: (1) may not have a hole, crack, or other opening through which loose material can escape; and (2) shall be enclosed: (a) on both sides by side panels; (b) on the front by a panel or the vehicle cab; and

17 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(C) The load shall be covered and the covering firmly secured at the front and back, unless the load: (1) is completely enclosed by the load-carrying compartment; or (2) does not blow or spill over the top of the load-carrying compartment.

(D) The tailgate of the vehicle shall be securely closed to prevent spillage during transportation.

(E) Loose material that is spilled because of loading on a vehicle part that does not carry the load shall be removed before the vehicle is operated on a roadway.

(F) After the vehicle is unloaded and before the vehicle is operated on a roadway, residue of transported loose material on a vehicle part that does not carry the load shall be removed from the vehicle part.

6.4.093 Definitions

As used in this section:

"Load" means a load of loose material.

"Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents, or other weather. The term includes dirt, sand, gravel, and wood chips but excludes an agricultural product in its natural state.

18 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

PART 5 PERSONAL RESPONSIBILITY

SECTION 6.5.010 OBEDIENCE TO TRIBAL POLICE OFFICERS

It is a violation of this Code for any person to fail to willingly comply with any lawful order or direction given to them by any Tribal Police Officer invested by YDSP law authorized to direct, control or regulate traffic.

6.5.011 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

Section 6.5.020 FAILURE TO STOP AND PROVIDE INFORMATION

It is a traffic infraction for an operator of a motor vehicle involved in a motor vehicle accident to fail to stop and provide identification and insurance information.

6.5.021 Civil Penalty

An infraction under this section is a Class B Traffic Infraction.

SECTION 6.5.030 ACCIDENT REPORTS

It is a traffic infraction for any person to fail to report an accident as follows whether it is the driver or passenger of vehicle as follows:

(A) Required -- Driver of vehicles involved. The driver of any vehicle involved in any accident resulting in damage shall report such accident to the proper authorities and shall remain on the scene of such accident until the arrival of such authorities as listed: 1) any accident involving tribal property shall immediately be reported to the Ysleta del Sur Pueblo Police Department; 2) any accident resulting in injury or death of any person shall immediately be reported to the proper authorities including El Paso Police Department and or the Ysleta Del Sur Pueblo Police Department; 3) any accident resulting in damage to any private property under five hundred dollars ($500) shall immediately be reported to the Ysleta del Sur Pueblo Police Department; 4) any accident resulting in damage of five hundred dollars ($500) or more to any private property shall immediately be reported to the YDSP P.D. and or the El Paso Police Department.

(B) Required -- Passengers in vehicles involved. Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant capable of making a report, such occupant shall make or cause to make such report.

(C) Confidentiality All required accident reports and supplementary reports shall be without prejudice to the individual reporting and shall be for the confidential use of the Tribal Police or other governmental agencies having use for the records for accident prevention purposes except that the Tribal Police Department may disclose that identity and insurance carrier of a person involved in an accident when such person denies his presence at such accident. Release confidential information shall be petitioned to the Court of the Ysleta del Sur Pueblo and subject to the Court’s approval. 19 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.5.031 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction unless it is committed under subsection (A)2, in which it becomes a Class A Traffic Infraction.

SECTION 6.5.040 DUTY UPON STRIKING FIXTURES UPON A ROADWAY

It is a traffic infraction for the driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a roadway to fail to take reasonable steps to locate and notify the owner or person in charge of the property of that fact and of his name and address. The Driver shall further upon request exhibit his operator's or chauffeur's license and shall make a report of the accident when and as required in Section 6.5.050 Accident Report.

6.5.041 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

20 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

PART 6 PARKING PROHIBITIONS

SECTION 6.6.010 STOPPING, STANDING AND PARKING

It is a traffic infraction for any person to: stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a Tribal Police Officer or security officer, in any of the following places:

(A) Adjacent to a curb that has yellow or red curb marking which have been placed there by the Tribe as an indication that such markings denote a "No Parking" zone.

(B) On a sidewalk.

(D) Within an intersection.

(E) Within fifteen (15) feet of a fire hydrant.

(F) On a marked crosswalk.

(G) Within twenty (20) feet of a marked crosswalk at an intersection.

(H) Within fifteen (15) feet upon the approach to any traffic-control device located at the side of a roadway.

(I) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(J) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(K) Adjacent to any vehicle stopped or parked on any parking area in such a way as to obstruct the passage of any vehicle.

(L) At any place where official signs prohibit stopping, standing or parking.

(M) At any parking space reserved for the disabled unless such person displays in his or her vehicle a disabled persons insignia and the vehicle is being operated by or used for transport of a person with a disability.

(N) At any place reserved for employees, visitors to Tribal offices, or Tribal Government during specified hours or as otherwise posted.

(O) No person shall stop, park or leave standing any vehicle whether attended or unattended upon any roadway beside a business area when it is practicable to stop, park or leave the vehicle off that part of the roadway. In every event, an unobstructed width of the roadway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicles shall be available from a distance of two hundred (200) feet in each direction upon the roadway.

21 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.6.011 Exceptions

This subsection shall not apply to the driver of any vehicle who is disabled while on the paved or main traveled portion of a roadway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.

6.6.012 Immobilization or Impoundment

Any vehicle illegally parked or stopped may be immobilized or impounded pursuant to the provisions of Section 6.10.010.

6.6.013 Civil Penalty

An infraction committed under this section is a Class P Parking Infraction unless committed under subsection(s) D, E, M and O of this section, in which case it becomes a Class PP Parking Infraction.

SECTION 6.6.020 ADDITIONAL PARKING REGULATIONS

A person who stops or parks on a two-way roadway shall do so with the right hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway.

An operator who stops or parks on a one-way roadway shall stop or park the vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within eighteen (18) inches of the right-hand curb or edge of the roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway.

6.6.021 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.6.030 OFF STREET PARKING

It is an infraction for a person to park any vehicle in a front or side yard in any residential district except on an asphalt or concrete driveway.

6.6.031 Civil Penalty

An infraction under this section is a Class C Traffic Infraction.

SECTION 6.6.040 STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENTIAL DISTRICT

An infraction is committed under this section if an operator fails to observe the following:

(A) An operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless: (1) stopping, parking, or leaving the vehicle off the main traveled part of the highway is not practicable; (2) a width of highway beside the vehicle is unobstructed and open for the passage of other vehicles; and (3) the vehicle is in clear view for at least two hundred (200) feet in each direction on the highway.

22 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(B) This section does not apply to an operator of a vehicle that is disabled while on the paved or main traveled part of a highway if it is impossible to avoid stopping and temporarily leaving the vehicle on the highway.

6.6.041 Civil Penalty

An infraction under this Section is a Class C traffic infraction.

SECTION 6.6.050 MOVING A PARKED VEHICLE

It is a traffic infraction under this section if:

(A) An operator begins movement of a stopped, standing, or parked vehicle in circumstances in which a reasonable person would know that the movement cannot be made safely.

6.6.051 Civil Penalty

An infraction under this section is a Class C infraction.

SECTION 6.6.060 UNATTENDED MOTOR VEHICLE

It is a traffic infraction under this section if:

(A) An operator leaves a vehicle unattended without: (1) stopping the engine; or (2) locking the ignition; or (3) removing the key from the ignition; or (4) setting the parking brake effectively; and (5) if standing on a grade, turning the front wheels to the curb or side of the highway.

6.6.061 Civil Penalty

An infraction under this section is a Class C infraction.

23 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

PART 7 PEDESTRIANS

SECTION 6.7.010 PEDESTRIAN'S RIGHT OF WAY IN CROSSWALK

It is a traffic infraction:

(A) When traffic-control devices are not in place or not in operation: 1) For the driver of a vehicle to fail to yield the right of way, slowdown or stop if need be to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. 2) For a pedestrian to suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in subsection B of this Section (6.7.010) or Section 6.7.020 Crossing at Other than Crosswalk.

(B) The driver of any other vehicle approaching from the rear to overtake and pass the stopped vehicle when any vehicle is stopped at a marked cross walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway.

6.7.011 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.7.020 CROSSING AT OTHER THAN CROSSWALK AND TRAFFIC CONTROL SIGNALS

It is a traffic infraction for a pedestrian to:

(A) Cross a roadway at any point other than within a marked cross walk or within an unmarked cross walk at an intersection to fail to yield the right of way to all vehicles upon the roadway. (B) Cross a roadway at a point where pedestrian tunnel or overhead pedestrian crossing has not been provided. (C) Cross at any place except in a marked crosswalk between intersections at which traffic-control signals are in operation. (D) Start to cross a roadway in the direction of a "Don't Walk" signal or a "Wait" signal. A pedestrian who has partially crossed while the "Walk" signal is displayed shall proceed to a sidewalk or safety island while the "Don't Walk" signal or "Wait" signal is displayed.

Section 6.7.021 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

6.7.022 Definitions

As used in this section:

A pedestrian control signal displaying "Walk," "Don't Walk," or "Wait," applies to a pedestrian as provided in this section.

24 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

PART 8 RULES OF THE ROAD

SECTION 6.8.010 TRAFFIC-CONTROL DEVICES

It is a traffic infraction for:

(A) The driver of any vehicle to fail to obey the instructions of any applicable traffic-control device, signal, sign or curb or street marking placed by an authorized tribal official, unless otherwise directed by a police officer, or unless in circumstances (such as authorized emergency vehicles in certain cases) when compliance is excused by law or ordinance. (B) For any person cited for any violation of this title, it shall not be necessary for the tribe to prove the installation, or authority therefore, of any traffic-control device, signal, sign, or curb or street marking; but any person cited with such violation shall have the right to prove as a defense marking was not so installed or authorized.

Section 6.8.011 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

Section 6.8.020 STOP BEFORE EMERGING FROM ALLEY, DRIVEWAY OR PARKING AREA ONTO SIDEWALK

It is a traffic infraction for the driver of a vehicle emerging from an alley, driveway or building to:

(A) Fail to stop the vehicle immediately prior to driving into a sidewalk or onto the sidewalk are extending across any alleyway or driveway; (B) Fail to sound his horn and yield the right of way to any pedestrian as may be necessary to avoid collision, and; (C) Upon entering a roadway, the driver fails to yield the right of way to all closely approaching vehicles on the roadway.

6.8.021 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.030 DRIVING ON SIDEWALKS

It is a civil infraction for any person to drive any vehicle upon a sidewalk area except upon crossing the sidewalk for entry upon a driveway.

6.8.031 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

SECTION 6.8.040 CUT THROUGH CERTAIN PROPERTY

It is an infraction for any person, in order to avoid traffic control devices, to drive a motor vehicle and cut through property.

25 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.8.041 Civil Penalty

An infraction under this section is a Class C Traffic Infraction.

SECTION 6.8.050 FOLLOWING TOO CLOSELY

It is a traffic infraction for any driver of a vehicle to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the roadway.

6.8.051 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.060 CRUISING PROHIBITED

It is a traffic infraction for any driver to drive a vehicle on any day of the week in any tribal property if he or she is cruising.

6.8.061 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

6.8.062 Definitions

As used in this section:

“Cruise” or “cruising” means to operate a motor vehicle, or to permit the operation of a motor vehicle under one’s custody or control, so as to pass the same traffic control point within the same area within the same hour three or more times.

“Traffic Control Point” means any point established by the chief of police or a commander of a police department regional command center within tribal lands for the purpose of monitoring cruising.

SECTION 6.8.070 RIDING ON OPEN BEDS

It is a traffic infraction for any person to operate an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer at a speed of more than 35 miles per hour when a child younger than twelve (12) years of age is occupying the bed of the truck or trailer.

6.8.071 Exceptions

This subsection shall not apply to persons that are:

(A) Operating or towing the vehicle in a parade or in an emergency;

(B) Operating the vehicle to transport farm-workers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;

(C) Operating the vehicle in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur.

26 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.8.072 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

SECTION 6.8.080 RECKLESS DRIVING

It is a traffic infraction for any person to operate a motor vehicle carelessly and needlessly in willful or wanton disregard of the rights and safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.

6.8.081 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.090 DRIVING ON RIGHT SIDE OF ROADWAY

(A) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: 1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement. 2) When the right half of the roadway is closed to traffic while under construction or repair. 3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon. 4) Upon a roadway designated and posted for one-way traffic.

(B) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions when existing shall be driven in the right-hand lane when available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

6.8.091 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.100 DRIVING ON IMPROVED SHOULDER

6.8.101 Right Shoulder

It is a traffic infraction for any person to drive on an improved shoulder to the right of the main raveled portion of a roadway unless that operation is necessary and may be done safely and only:

(A) To stop, stand, or park;

(B) To accelerate before entering the main traveled lane of traffic;

(D) To pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(E) To allow another vehicle traveling faster to pass;

(F) As permitted or required by an official traffic-control device; or 27 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(G) To avoid a collision.

6.8.102 Left Shoulder

An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited- access or controlled-access highway if that operation may be done safely, but only:

(A) To slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway; (B) As permitted or required by an official traffic-control device; or (C) To avoid a collision.

6.8.103 Exceptions

A limitation in this section on driving on an improved shoulder does not apply to:

(A) An authorized emergency vehicle responding to a call; (B) A police patrol; or (C) A bicycle.

6.8.104 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.110 TURNING AT INTERSECTIONS

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(A) Right Turn. Both the approach for a right turn and right turn shall be made as close as predictable to the right hand curb or edge of the roadway.

(B) Left Turn. 1) At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line. The left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. 2) At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving in the direction of travel of such vehicle. The left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

(C) Duties of Driver During Turning. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this act, may take such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn.

6.8.111 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction. 28 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

SECTION 6.8.120 STOP SIGNS AND YIELD SIGNS

Unless directed to proceed by a Tribal Police officer, a police officer or traffic-control signal, the operator of a vehicle approaching an intersection with a stop sign shall stop before entering the crosswalk on the near side of the intersection. If safety requires, the operator of a vehicle approaching a yield sign shall also stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

6.8.121 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.130 VEHICLE APPROACHING OR ENTERING INTERSECTION

An operator approaching an intersection commits an offense under this section if:

(A) The operator fails to stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; or

(B) The operator fails to stop, yield and grant immediate use of the intersection in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign.

(C) If a traffic-control signal is present but does not display an indication in any of the signal heads the operator may:

(1) after stopping, proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.

(D) An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three (3) or more marked traffic lanes the operator:

(1) shall stop, yield, and grant immediate use of the intersection; and

(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.

(E) An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway:

(1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the paved street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and

(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway.

(F) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device:

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(1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and

(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.

(G) An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (B) or (C):

(1) shall stop, yield, and grant immediate use of the intersection to another vehicle that has entered the intersection from the other street or roadway or is approaching the intersection on the other street or roadway in a proximity that is a hazard; and

(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with the traffic using the other street or roadway.

(H) An operator who is required by this section to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right- of-way is to be given is presumed not to have yielded the right-of-way.

6.8.131 Civil Penalty

An infraction under this section is a Class B traffic infraction except if, during the commission of the offense, the person’s reckless conduct places another in imminent danger of serious bodily injury, in which case it is a Class A traffic infraction.

SECTION 6.8.140 VEHICLE ENTERING STOP OR YIELD INTERSECTION

(A) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign.

(B) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign after stopping, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.

(C) An operator approaching an intersection on a roadway controlled by a yield sign shall: (1) slow to a speed that is reasonable under the existing conditions; and (2) yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection.

(D) If an operator is required by Subsection (c) to yield and is involved in a collision with a vehicle in an intersection after the operator drove past a yield sign without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way.

6.8.141 Civil Penalty

An infraction under this section is a Class C traffic infraction except if, during the commission of the offense, the person’s reckless conduct places another in imminent danger of serious bodily injury, in which case it is a Class B traffic infraction. In the event that commission of this infraction results in actual serious bodily injury, it is a Class A traffic infraction.

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SECTION 6.8.150 SIGNALING TURNS; USE OF TURN SIGNALS BY LAMP OR HAND

It is an infraction for any operator to fail to use a signal

(A) To indicate an intention to turn, change lanes, or start from a parked position;

(B) An operator intending to turn a vehicle right or left shall signal continuously for not less than the Last 100 feet of movement of the vehicle before the turn;

(C) When stopping or turn signaling an operator is required to give a stop or turn signal and shall do so by: 1) using the hand or arm; 2) lighting signal lamps.

6.8.151 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

6.8.152 Definitions

As used in this section:

“Hand Signals” Left signal an operator must extend hand and arm horizontally; Right signal an operator must extend hand and arm upward; stop signal an operator must extend hand downward.

SECTION 6.8.160 SPEED LIMITS

(A) No person shall drive a vehicle at a speed greater than: 1) The posted speed limit on any roadway covered by this Code. 2) Twenty-five (25) miles per hour in any residential are, unless otherwise posted, in which case the posted speed limit shall govern; 3) Five (5) miles per hour in any parking area or parking area.

(B) No person shall drive a vehicle at such a slow speed as to impede or block the normal reasonable movement of traffic.

6.8.161 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction unless the speed is in excess of 15 miles per hour greater than the designated speed limit, in which case it becomes a Class B Traffic Infraction.

SECTION 6.8.170 RACING ON ROADWAY

It is a traffic infraction for a person to participate in any manner in:

(A) A race; (B) A vehicle speed competition; (C) A drag race or acceleration contest; (D) A test of physical endurance of the operator of a vehicle; or (E) An exhibition of vehicle speed or acceleration or to make a vehicle speed record.

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6.8.171 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

6.8.172 Definitions

As used in this section:

“Drag Race” means the operation of one or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

“Race” means the use of one or more vehicles in an attempt to out gain or outdistance another vehicle or prevent another vehicle from passing; arrive at a given destination ahead of another vehicle or vehicles.

SECTION 6.8.180 IMPROPER OPENING OF DOORS

It is a traffic infraction for any person to:

Open a door of a vehicle on the side near moving traffic unless: 1) It is reasonably safe to do so; and 2) The door can be opened without interfering with the movement of traffic; or 3) Leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers.

6.8.181 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.190 AUTHORIZED EMERGENCY AND POLICE VEHICLES

An authorized emergency and police vehicle may be equipped and utilize emergency equipment as follows:

(A) A siren, exhaust whistle or bell;

(B) The operator of an authorized emergency or police vehicle shall use the siren, exhaust whistle or bell when necessary to warn other vehicle operators or pedestrians of the approach of the emergency vehicle.

(C) Emergency Vehicles must be equipped with signal lamps that are mounted as high and widely spaced laterally as practicable and display four alternately flashing red lights, two located on the front at the same level and two located on the rear at the same level;

6.8.191 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.200 RIGHT OF WAY TO EMERGENCY VEHICLE

It is a traffic infraction for any person operating a vehicle to fail to:

(A) Yield the right of way;

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(B) Immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection;

(D) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

6.8.201 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

SECTION 6.8.210 DRIVING OR IN CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL

No person may drive or be in actual physical control of any motor vehicle while:

(A) There is 0.08 percent or more by weight of alcohol in his blood, as measured by chemical analysis of that person’s blood, breath, or urine; or (B) The person is under the influence of an alcoholic beverage to such a degree that he is incapable of safe operation of the vehicle; or (C) The person is under the influence of marijuana, prescription medication, or any other medication or controlled drug or substance to a degree which renders the person incapable of safe operation of the vehicle; or (D) The person is under the combined influence of an alcoholic beverage and marijuana or any controlled drug or substance to a degree which renders the person incapable of safe operation of the vehicle.

6.8.211 Civil Penalty

An infraction committed under this section is a Class AA Traffic Infraction.

SECTION 6.8.220 OPEN CONTAINERS

It is a traffic infraction for any person operating a motor vehicle to have open containers of alcohol within the vehicle in which they are driving. For every violation, the violator will pay a penalty assessment.

326.8.221 Civil Penalty

An infraction committed under this section is a Class A Traffic Infraction.

SECTION 6.8.230 POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE

A person commits an infraction if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a roadway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single episode is a single offense.

6.8.231 Exceptions

It is an exception to the application of this section that at the time of the offense the actor was a passenger in:

(A) The passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (B) The living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. 33 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.8.232 Civil Penalty

An infraction under this section is a Class C civil infraction.

6.8.233 Procedure for Issuing Officer

A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.

6.8.234 Definitions

As used in this section:

"Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

"Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) The trunk of a vehicle; or (B) The area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

SECTION 6.8.240 DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR

A minor commits an offense if the minor operates a motor vehicle in any tribal property while having any detectable amount of alcohol in the minor's system.

6.8.241 Civil Penalty

An infraction under this section is a Class B civil infraction.

If it is shown at the tribal court hearing that the offender is a minor who is not a child and who has been previously cited at least twice for the same violation, the court may, at its discretion order:

(A) A civil assessment of not less than $500 or more than $2,000;

(B) Exclusion/banishment from all tribal property, or

In addition to any fine and any order issued under this or any other section, the court may order a minor found liable for an offense under this section to perform community service for:

(A) Not less than twenty (20) or more than forty (40) hours, if the minor has not been previously found liable of a violation under this section; or

(B) Not less than forty (40) or more than sixty (60) hours, if the minor has been previously found liable of a violation under this section.

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6.8.242 Community Service

Under this section, community service ordered under this section must be related to education about or prevention of misuse of alcohol.

6.8.243 Deferred Disposition

A minor who commits a civil infraction under this section and who has been previously found liable twice or more of violations under this section is not eligible for deferred disposition.

For the purpose of determining whether a minor has been previously convicted of an offense under this section:

(A) An adjudication under Title 3, of the Texas Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and

(B) An order of deferred disposition for an offense alleged under this section from the Tribal Court or from another jurisdiction is considered a conviction of an offense under this section.

6.8.244 Tribal Police Procedure

A Tribal Police Officer who issues a citation to a child, must attempt to contact the child’s parents and release the child and vehicle to them.

6.8.245 Definitions

As used in this section:

"Child" and “Minor” have meanings assigned by Section 4.1.060, Peace Code.

SECTION 6.8.250 OFF ROAD VEHICLES

No person shall operate any mini bike, dirt bike, quad or vehicle designed primarily for off road use on any tribal roadway, sidewalk or parking area or any other tribal property where signs are posted prohibiting said activity.

6.8.251 Civil Penalty

An infraction committed under this section is a Class B Traffic Infraction.

SECTION 6.8.260 COMMERCIAL VEHICLES

No commercial type vehicles shall be parked on any tribal roadway except while engaged in transportation of goods and services to or from any residence or business.

6.8.261 Exceptions

This does not apply to Tribal parking areas where such vehicles are permitted.

6.8.262 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

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SECTION 6.8.270 REGULATIONS FOR MOTOR CYCLE HELMETS

All persons operating or engaged as a passenger on a motorcycle:

(A) Shall were a helmet that meets U.S. Department of Transportation (DOT) that fits snugly all the way around, and has not obvious defects such as cracks, loose padding or frayed straps; and

(B) All persons under the age of twenty one (21) shall were a properly fitting helmet appropriate for their age group/size at all times;

(C) All person operating a motorcycle shall ensure that any passenger under the age of twenty one (21) wear a helmet at all times.

6.8.271 Exceptions

It is an exception to this subsection if the person required to wear protective headgear is over the age of twenty one (21) and can prove that they have successfully completed a motorcycle operator training and safety course; or is covered by a health insurance with at least ten thousand dollars ($10,000) in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle.

6.8.272 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.280 OPERATIONS OF BICYCLES AND PLAY VEHICLE

6.8.281 Regulation of Operations

(A) Duties 1) A person operating a bicycle must obey all traffic regulations applicable to the driver operating a vehicle under this Article including riding in the same direction as the normal flow of traffic, unless: a. a provision of this chapter alters a right or duty; or b. a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle. 2) A parent of a child or a guardian of a ward who is younger than thirteen years of age may not knowingly permit the child or ward to violate this section.

(B) Rules of Operation 1) Speed: A person shall not operate a bicycle at a greater rate of speed than that speed limit which is established for motor vehicles traveling on the same street or roadway, and in no case shall any person operate a bicycle at a greater rate of speed than that at which a person of ordinary prudence would operate such bicycle under the same or similar circumstances. 2) Riding on Sidewalk: A person shall not ride a bicycle upon any tribal sidewalk, except police officers in the performance of their duties. 3) Leaving on Sidewalk a. A person shall not leave a bicycle upon any tribal sidewalk unless such bicycle is securely supported in an erect position and so placed as not to obstruct the sidewalk or constitute a hazard to persons using the sidewalk. b. Any bicycle parked in violation of this section shall be deemed a nuisance, which may be abated by impounding the bicycle by the Tribal Police department pending trial.

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(C) General Operation 1) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle. 2) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry. 3) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars. 4) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates or roller blades may not attach either the person or the bicycle, coaster, sled, toy vehicle, roller skates or roller blades to a streetcar or vehicle on a roadway. 5) A person who is younger than thirteen years of age shall wear a suitable helmet while operating a bicycle or a play vehicle.

(D) Bicycle Requirements A person may not operate a bicycle unless the bicycle is equipped with: 1) A brake capable of making a braked wheel skid on dry, level, clean pavement. 2) reflector on the rear of the bicycle that is: a) of a type approved by the department; and b) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances fifty (50) to three hundred (300) feet to the rear of the bicycle.

6.8.282 Definitions

As used in this section:

“Play vehicle” shall mean and include all forms of wheeled transportation designed to travel at more than 10 miles per hours but less than 25 miles per hour, including but not limited to roller skates, roller blades, skateboards, tricycles, scooters, play cars, and pedal cars.

6.8.283 Civil Penalty

All violations under this section shall constitute a Class C Traffic infraction.

SECTION 6.8.300 USE OF CERTAIN VIDEO EQUIPMENT AND TELEVISION RECEIVERS

A motor vehicle may be equipped with video receiving equipment, including a television, a digital video disc player, a videocassette player, or similar equipment, only if the equipment is located so that the video display is not visible from the operator's seat. A motor vehicle specially designed as a mobile unit used by a licensed television station may have video receiving equipment located so that the video display is visible from the operator's side, but the receiver may be used only when the vehicle is stopped.

6.8.301 Exceptions

This section does not prohibit the use of:

(A) Equipment used: (1) exclusively for receiving digital information for commercial purposes; (2) exclusively for a safety or law enforcement purpose, if each installation is approved by the department; (3) in a remote television transmission truck; or (4) exclusively for monitoring the performance of equipment installed on a vehicle used for safety purposes in connection with the operations of a natural gas, water, or electric utility; or

(B) A monitoring device that: (1) produces an electronic display; and 37 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

(2) is used exclusively in conjunction with a mobile navigation system installed in the vehicle.

6.8.302 Civil Penalty

An infraction committed under this section is a Class C Traffic Infraction.

SECTION 6.8.310 FLEEING OR ATTEMPTING TO EVADE POLICE OFFICER

Under this section a person commits an offense if:

(A) The person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or to evade, a pursuing police vehicle when given visual and/or audible signal(s) to bring the vehicle to a stop. 1. A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren; and 2. the officer giving the signal must be in uniform and prominently display the officer's badge of office.

(B) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense.

6.8.311 Civil Penalty

SECTION 6.8.320 VEHICLE TURNING LEFT

An operator commits an infraction under this section if:

(A) When turning left at an intersection or into an alley or private road or driveway, an operator fails to yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.

6.8.321 Civil Penalty

SECTION 6.8.330 VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY

A traffic offense is committed under this section if:

(A) An operator about to enter or cross a highway from an alley, building, or private road or driveway fails to yield the right-of-way to a vehicle approaching on the highway to be entered.

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6.8.331 Civil Penalty

SECTION 6.8.340 BACKING A VEHICLE

A traffic infraction is committed under this section if:

(A) An operator backs his vehicle unsafely, interfering with other traffic.

6.8.341 Civil Penalty

SECTION 6.8.350 RIDING ON A MOTORCYCLE

A traffic infraction is committed under this section if:

(A) An operator fails to ride on the permanent and regular sat attached to the motorcycle;

(B) An operator carries another person on the motorcycle that is not designed to carry more than one person; or

(C) In the event that a motorcycle is designed to carry more than one person, an operator fails to require that his passenger rides only on the permanent and regular seat of the motorcycle, or on another seat firmly attached to the motorcycle behind or to the side of the operator.

6.8.351 Civil Penalty

SECTION 6.8.360 Use of Wireless Communication Devices

(A) An operator of a motor vehicle shall not use a wireless communication device while operating a motor vehicle.

(B) This section does not apply to an operator of a motor vehicle using a wireless communications device: (1) while the vehicle is stopped; or (2) that is affixed to the vehicle and used as a global positioning or navigation system.

(C) It is an affirmative defense to prosecution of an offense under this section if a wireless communications device is used: (1) for obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed; (2) in the reasonable belief that a person's life or safety is in immediate danger; or (3) solely in a voice-activated or other hands-free mode. 39 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

6.8.361 Civil Penalty

A violation of this section is a Class C traffic infraction.

6.8.362 Definitions

"Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands.

"Stop" or "stopped" means to stand an occupied or unoccupied vehicle in a location other than in a lane of traffic on a roadway.

"Wireless communication device" has the meaning assigned in Section 545.425 of the Texas Transportation Code.

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PART 9 REGULATIONS REGARDING SCHOOL BUSES

SECTION 6.9.010 OVERTAKING AND PASSING SCHOOL BUS

(A) The driver of a vehicle upon a roadway upon meeting or overtaking from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching the school bus and shall not proceed until the bus resumes motion, or until signaled by the driver of the bus to proceed.

(B) Every bus used for the transportation of school children shall bear upon the front and rear thereon sign containing the words "School Bus" in letters not less than eight (8) inches in height. When a school bus is being operated upon a roadway for purposes other than the actual transportation of children either to or from school all marking thereon indicating "School Bus" shall be covered.

(C) Every bus used for the transportation of school children shall be equipped in one of the following ways: 1) Equipped with a signal with the word "Stop" printed on both sides in white letters not less than five (5) inches high on a red background, which signal shall be not less than twenty (20) inches long and shall be manually operated by the operator of the school bus in such a manner as to be clearly visible from both front and rear when extended from the left of the body of the bus. 2) Equipped with two (2) illuminated red lamps on the front of the bus and an equal number of the same type of lamps on the rear of the bus, such lamps to be not less than the diameter of the headlight lamps of the bus, each set of said red lamps to function by alternating blinking. 3) The stop signal specified in (1) of this subsection shall be displayed, and the blinking lights specified in (2) of this subsection shall be operated only when passengers are being received or discharged from the bus.

(D) The driver of a vehicle upon a roadway with separate, divided roadways need not stop upon meeting or passing a school bus which is on a different roadway, or when they are upon a controlled access roadway and the school bus is stopped in a loading zone which is a part of a roadway adjacent to the roadway and pedestrians are not permitted to cross the roadway.

6.9.011 Civil Penalty

All violations under this section shall constitute a Class C Traffic infraction.

SECTION 6.9.020 REGULATIONS RELATIVE TO SCHOOL BUSES

(A) The Tribal Council or Authorized Designee shall adopt and enforce regulations to govern the design and operation of all school buses used for the transportation of school children. Every school authorized upon the reservation, its officers and employees, and every person employed by it shall be subject to such regulations.

(B) Any officer or employee of any such Tribal authority who violates any of the regulations or fails to include obligations to comply with the regulations in any contract executed by him on behalf of an authority shall be culpable of Official Misconduct and subject to removal from employment. Any person operating a school bus under contract with the Ysleta del Sur Pueblo who fails to comply with any of the regulations shall be culpable of breach of contract and whose privileges shall be canceled after notice and hearing.

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6.9.021 Civil Penalty

All violations under this section shall constitute a Class C Traffic infraction.

SECTION 6.9.030 MAXIMUM NUMBER IN SCHOOL BUS

(A) No school bus shall be operated on a roadway while carrying more than can be properly seated, nor while any person is standing therein, except for the purpose of conducting drills under school regulations and in the emergency evacuation and dispersal of pupils and school personnel.

(B) No person who is a driver of any vehicle carrying children to and from school shall, in receiving or discharging children at the school, fail to stop the vehicle on the side of the roadway upon which the school is located.

6.9.031 Civil Penalty

All violations under this section, except subsection 6.9.030 (B) shall constitute a Class C Traffic infraction.

SECTION 6.9.040 ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL BUSES

A school bus shall be equipped with:

(A) A convex mirror or other device that reflects to the school bus operator a clear view of the area immediately in front of the vehicle that would otherwise be hidden from view; and

(B) Signal lamps that: (1) are mounted as high and as widely spaced laterally as practicable; (2) display four alternately flashing red lights, two (2) located on the front at the same level and two (2) located on the rear at the same level; and (3) emit a light visible at a distance of 500 feet in normal sunlight.

A school bus may be equipped with:

(A) Rooftop warning lamps: (1) that conform to and are placed on the bus in accordance with specifications adopted under Section 34.002, Education Code; and (2) that are operated under rules adopted by the school district; and

(B) Movable stop arms: (1) that conform to regulations adopted under Section 34.002, Education Code; and (2) that may be operated only when the bus is stopped to load or unload students.

When a school bus is being stopped or is stopped on a highway to permit students to board or exit the bus, the operator of the bus shall activate all flashing warning signal lights and other equipment on the bus designed to warn other drivers that the bus is stopping to load or unload children. A person may not operate such a light or other equipment except when the bus is being stopped or is stopped on a highway to permit students to board or exit the bus.

6.9.041 Civil Penalty

An infraction under this section is a Class C traffic infraction.

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SECTION 6.9.050 FIRE EXTINGUISHER REQUIRED

A school bus or a motor vehicle that transports passengers for hire or lease shall be equipped with at least one quart of chemical-type fire extinguisher in good condition and located for immediate use.

6.9.051 Civil Penalty

An infraction under this Section is a Class C traffic infraction.

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PART 10 IMMOBILIZATION AND IMPOUNDMENT

SECTION 6.10.010 PROCEDURE FOR IMMOBILIZATION OR IMPOUNDMENT

(A) When a vehicle is found parked, whether legally or illegally, or stopped at any time upon a tribal street, tribal roadway or tribal property on the reservation, and such vehicle has met the criteria for immobilization or impoundment, as provided in Section 6.10.040 Enforcement (below), Tribal police officer or any authorized parking agent may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. In the alternative, or when a police officer has found a stopped vehicle meeting the criteria for immobilization or impoundment as provided in Section 6.10.040 Enforcement (below), such vehicle may be towed and impounded by a local impound lot and follow the provisions as outlined in Title 7 Chapter 683 of the Texas Transportation Code; provided, that the towing and impoundment is authorized at the direction of a peace officer.

(B) At the time of immobilization, the authorized parking enforcement agent shall also conspicuously attach to the vehicle a written notice on a form provided by the tribe, the notice to contain the following information: 1) Notice that the vehicle has been immobilized pursuant to the Ysleta del Sur Pueblo Traffic Code, and the attempted movement may cause damage to the vehicle; 2) That the release of the vehicle may be obtained at a designated place; 3) That there is a right to a hearing regarding the immobilization; and 4) That the vehicle may be towed and impounded after a designated period of time.

(C) In the event that a vehicle is towed and impounded, the registered owner of the vehicle thereof shall be responsible for payment of all applicable fees for towing, impoundment and storage, in addition to the fines, costs and fees provided for herein.

(D) A police officer may summon a taxi or other public transportation for a person when the vehicle he was driving or riding in has been impounded pursuant to this section. Such person shall be responsible for payment of the costs of such transportation. Any costs incurred by the Tribe to transport such persons shall become a cost assessed on the registered owner, who shall be responsible for payment of these transportation costs.

(E) Towed vehicles that are not redeemed within the time allowed under the Texas Abandoned Motor Vehicle Act will be disposed of in accordance with the Act.

(F) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the rights to tow and impound vehicles under other applicable law.

SECTION 6.10.020 BOOT REMOVAL

The registered owner of an immobilized or impounded vehicle or other authorized person may secure the release of the vehicle by paying the amount of the fine, any late fees for each delinquent parking citation, the applicable boot fee, transportation costs incurred by the tribe, towing and storage fees. Failure to request a hearing within ten (10) days of such payment is an admission of liability of the citations that related in the vehicle being booted or impounded and constitutes a waiver of the right to contest such fines and fees.

SECTION 6.10.030 UNLAWFUL CONDUCT

(A) It shall be unlawful for any person, other than an officer or employee of the Tribe acting in the course and scope of his duties under this chapter, to order to remove, to remove or attempts to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this chapter. (B) It shall be unlawful for any person, except under the direction of a Tribal Law Enforcement Officer, to tow 44 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

or move or cause to be towed or moved any vehicle on which a boot is then installed pursuant to this chapter from the place where it was booted.

(C) It shall be unlawful for any person, other than an officer or employee of Tribe acting in the course and scope of his duties or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle under this section.

6.10.031 Civil Penalty

An infraction committed under this section is a Class B Traffic infraction.

To the extent that any conduct declared to be unlawful under this section also constitutes a violation of any valid and applicable Tribal law, then it shall be punishable as provided by Tribal law.

SECTION 6.10.040 ENFORCEMENT

(A) An order filed by the Tribal Court under this chapter, or final judgment of the Tribal Appellate Court may be enforced by: 1) Impounding the vehicle through a Temporary Vehicle Impound Order; 2) Placing a device (boot) that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed; 3) An additional fine if not paid within the specified time. An additional fine of ten dollars will be assessed every thirty days until paid; provided, however, that said "additional fine" does not exceed sixty ($60.00) dollars. Should the Tribe declare an amnesty period for outstanding citations, the Tribal Court by Court Order, may reduce the amount of the fine for violators who pay voluntarily within the amnesty period; 4) Denial of parking permits; or

(B) Provided, however, that no vehicle shall be impounded or immobilized under this chapter unless the offender has one or more delinquent unpaid citations in any calendar year. However, this provision shall not apply where a vehicle is in a location that poses a risk or danger to others, or is not properly licensed and registered.

6.10.041 Definitions

As used in this Section:

"Temporary Vehicle Impound Order (TVI)" means a determination by a Tribal Court Judge only valid up until the time that the liable party has paid all fees associated with the TVI to the Tribal Court.

SECTION 6.10.050 TVl Procedure

The recommended procedure for Tribal Police is as follows and subject to acceptance and modification by the Chief of Tribal Police.

(A) If a Tribal Police Officer identifies or stops a person, the officer will confirm through dispatch if this person has outstanding debts to the tribal court;

(B) If the person has an expulsion/banning from tribal property and they have an outstanding debt to the court, the officer will issue a citation for Trespass 4.3.030 Peace Code (notice having been made by the tribal court in a hearing). In addition, if the person is operating a motor vehicle, regardless of ownership, the officer will impound the vehicle.

(C) lf the person has a TVI against them, the procedure of confirming the information through tribal dispatch remains the same and the vehicle will be impounded. 45 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

SECTION 6.10.060 PROCEDURE FOR TVI DRIVING PRIVILEGES

A person under a TVI order may petition the court to allow driving privileges to be reinstated for just cause. The Court will review the application and based on its face value will determine the conditions for allowing driving privileges be reinstated for specific circumstances.

A person must request for a TVI Driving Privileges form from the court and fill in all pertinent information giving as much detail and justification. The court will schedule a court hearing within two weeks of receiving the application in which a determination will be rendered. At the hearing, the Tribal Court will outline the conditions and allowances for the driving privileges or deny the motion.

SECTION 6.10.070 REMOVAL OF VEHICLES

(A) Abandoned Vehicles Whenever any officer of the Ysleta del Sur Pueblo Tribal Police Department finds a vehicle that has remained in the same location for more than twenty four (24) hours on any roadway without notification from the owner to the YDSP Police Department or the YDSP Housing Department, it shall be deemed an abandoned vehicle and such police officer is authorized to provide for the removal and storage of the abandoned vehicle by towing to the nearest garage or place of safety.

(B) Vehicles Obstructing Traffic Any vehicle found unattended upon a roadway, bridge or causeway or where such vehicle constitutes an obstruction or a hazard to traffic may be removed at any time and without regard to the twenty four (24) hour period provided for in Section 6.10.050 subsection A of this code.

(C) Wrecked Vehicles Any vehicle found wrecked upon a roadway, bridge, causeway, or parking area may be removed at any time and without regard to the twenty four (24) hour period provided for in Section 6.10.050 subsection A of this code by any Tribal Police Officer.

SECTION 6.10.080 NOTIFICATION TO OWNER OF REMOVAL OF ABANDONED OR WRECKED VEHICLE - RECOVERY BY OWNER

It shall be the duty of every agent of the Ysleta del Sur Pueblo Tribal Police Department who has provided for the removal of a wrecked or abandoned vehicle or a vehicle obstructing traffic to notify the registered owner and if encumbered, the lien holder, by certified mail of the removal and in whose custody such vehicle is entrusted and that the registered owner may recover said vehicle upon the payment of all costs incident to the removal and storage of the same.

SECTION 6.10.090 SALE OF UNCLAIMED VEHICLE - PUBLICATION OF NOTICE

If after three (3) months from the date of mailing notice pursuant to Section 6.10.060, the vehicle remains unclaimed, such vehicle may be sold by the Ysleta del Sur Pueblo Tribal Court or Police Department, as may be designated by its governing body at a public auction. The notice is to be published in the newspaper or general circulation at Ysleta del Sur Pueblo and in EI Paso County not less than once a week for four (4) consecutive weeks. Such notice shall contain a description of the vehicle, including year, model, serial number, color and license number, if any; a statement that the vehicle was found abandoned and the date thereof, and the place, date and time at which such vehicle will be sold. The auction shall not be sooner than one (1) week following the date of the last publication of notice at a Tribal Public Auction.

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SECTION 6.10.100 JUNKED VEHICLES

6.10.101 Declared Nuisance

A person commits the traffic infraction of junk motor vehicle if he:

(A) Keeps or places a junk vehicle, including a part of a junked vehicle on a public place or public right-of- way and: 1. is detrimental to the safety and welfare of the Pueblo community; 2. tends to reduce the value of private property; 3. invites vandalism; 4. creates a fire hazard; 5. is an attractive nuisance creating a hazard to the health and safety of minors; 6. produces urban blight adverse to the maintenance and continuing development for the Pueblo community; or, 7. is a Pueblo community nuisance; or

(B) Causes or maintains such Pueblo community nuisances by wrecking, dismantling, rendering inoperable, abandoning or discarding his or their vehicle, vehicles or vehicle parts on the public property.

(C) Placing the junked vehicle behind trees or shrubbery does not abate the public nuisance. The YDSP Tribal Police department is authorized to abate such nuisances under the terms and conditions hereinafter provided.

6.10.102 Civil Penalty

An infraction under this section shall result in a mandatory court hearing in accordance with procedure as set forth in this section.

6.10.103 Abatement

(A) Upon complaint or upon its own initiative, the Tribal Police Department may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle or junked vehicle part. Notice of the existence of a nuisance shall be in accordance with the procedures set forth in this chapter.

(B) For a public nuisance that exists on private property, the YDSP Housing shall follow procedure outlined in the Housing Covenants.

(C) For a public nuisance that exists on public property, the YDSP Tribal Police department shall issue a citation to the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, notifying said person that the nuisance exists, that it must be removed and abated and that a court hearing will be set up to address the issue. lf the vehicle does not belong to the owner or occupant of the public premises or the owner or occupant of the premises, Tribal Police will be contacted, and they shall treat the vehicle as an abandoned vehicle and such vehicle may be towed and impounded by a local impound lot and follow the provisions as outlined in Title 7 Chapter 683 of the Texas Transportation Code.

(D) A hearing shall be held before the Tribal court of the YDSP for determination of the existence of a junked vehicle or junked vehicle part as a public nuisance and for the purpose of entering an order requiring the removal of the same if found to be so. Notice of this hearing shall be sent by mail or by hand to the owner or occupant of the private premises, public premises or the premises adjacent to the public right-of-way, as the case may be, not less than ten days before the date of the hearing. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. The judge of the Tribal court shall be the designated official to make such determination and upon the finding that the 47 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

vehicle or vehicle part is a junked vehicle and constitutes a public nuisance, he shall enter an order requiring the removal of the vehicle or a part thereof. The order must include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle if the information is available at the site. All costs incurred for towing, storage and court related costs will be at the expense of the homeowner and or registered vehicle owner.

(E) Before any Tribal Police Officer or any other person is authorized to remove a vehicle or vehicle part that is in violation of this chapter, he shall first obtain from the Tribal court an order for the removal of the junked vehicle or junked vehicle part, which shall include a description of the vehicle or vehicle part and the correct identification and license number of the vehicle if the information is available at the site where the vehicle or vehicle part is located.

(F) A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for processing of scrap or salvage; however, it is unlawful for any person to reconstruct or make operable any junked vehicle after it has been removed.

6.10.104 Exceptions

This chapter shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.

6.10.105 Enforcement Authority

(A) The procedures provided for in this chapter shall be administered by the YDSP Tribal Police department.

(B) When the inspector or Tribal Police has obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry thereon by the inspector for the purpose of inspection and examination pursuant to this chapter.

6.10.106 Definitions

As used in this section:

"Junked vehicle" means every self-propelled mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a highway, including motor vehicles, commercial motor vehicles, trucks- tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks, and which:

(A) ls inoperative and does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, or

(B) ls wrecked, dismantled, partially dismantled or discarded; or

48 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15

SECTION 6.10.110 ABANDONED MOTOR VEHICLES

A person commits the civil infraction of abandoned motor vehicle if he is the owner or operator of a motor vehicle which is abandoned in any of the following ways:

(A) ls inoperable or junked (see section 6.10.100) and has been left unattended on tribal property for more than forty eight (48) hours;

(B) Has remained illegally on tribal property for more than forty eight (48) hours;

(C) Has remained on private property without the consent of the owner or person in charge of the property for more than forty eight (48) hours;

(D) Has been left unattended on the right-of-way of a designated tribal, county, state, or Federal highway for more than forty eight (48) hours.

6.10.111 Civil Penalty

An infraction under this section shall result in the removal of the vehicle according to the following procedure.

6.10.112 Authority to Remove, Preserve, and Store Abandoned Motor Vehicle

(A) A designated tribal official may take an abandoned vehicle into custody;

(B) A designated tribal official may use tribal personnel equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle including towing and impounding said vehicle by a local impound lot that follows the provisions as outlined in Title 7 Chapter 683 of the Texas Transportation Code;

(C) An abandoned motor vehicle that is an obstruction to traffic or public safety may be removed immediately by a local impound lot and follow the provisions as outlined in Title 7 Chapter 683 of the Texas Transportation Code;

(D) All costs incurred for towing, storage and court related costs will be at the expense of the homeowner and or registered vehicle owner.

6.10.113 Procedure

The following procedure shall be used for any abandoned vehicle taken into custody:

(A) A designated tribal official shall send notice of abandonment by hand delivery or by certified letter or signed affidavit of service to the last known registered owner of the vehicle.

(B) The notice shall state the following: 1. that the abandoned vehicle has been towed and impounded by a local impound lot and follow the provisions as outlined in Title 7 Chapter 683 of the Texas Transportation Code; 2. inform the owner of his right to reclaim the vehicle by paying all reasonable removal, preservation, and storage fees; 3. inform the owner that a request for a hearing must be made by the owner before the expiration of the ten (10) day period from the receipt of the notice, and 4. state that failure by the owner to reclaim the vehicle or request a hearing within the required time period is a waiver by the owner of all right, title, and interest in the vehicle and consent to the sale or disposal of the vehicle.

1. it shall be held by the Tribal Court or by a Hearing Officer appointed by the Tribal Council; and; 2. notice of the hearing shall be sent by certified mail or personal service to the last known registered Owner, not less than five (5) days before the date of the hearing.

(D) lf at the end of the ten (10) day period provided in the notice to the owner, he has not either reclaimed the vehicle or requested a hearing on the matter, then a designated tribal official may do the following: 1. sell the vehicle at public auction, or 2. dispose of the vehicle.

6.10.114 Definitions

As used in this Section:

"Abandoned vehicle" means every self-propelled mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a highway, including motor vehicles, commercial motor vehicles, truck s-tractors, trailers, and semi-trailers, but excepting devices moved human power or used exclusively upon stationary rails or tracks, and which are abandoned as set forth in section 6.10.111.

END OF DOCUMENT

50 TRAFFIC CODE ARTICLE 6 REV 02-10-15 TC-015-15