1.23.040 Rules for Operation of Snowmobiles

(a) No Indian person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any road, street, or highway in Turtle Mountain Jurisdiction except as provided pursuant to this chapter. No snowmobile shall be operated at any time within the right of way of any interstate highway within the Turtle Mountain Jurisdiction except for emergency purposes.

(b) A snowmobile may make a direct crossing of a street or highway provided:

(1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and

(2) The snowmobile is brought to a complete stop before crossing the shoulder of main traveled way of the highway; and

(3) The driver yields the right of way to all incoming traffic which constitutes an immediate hazard; and

(4) In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

(c) No snowmobile shall be operated unless it is equipped with at least one (1) headlamp, one (1) tail lamp, and brakes, all in working order, which conform to standards prescribed by rule of the highway commissioner pursuant to the authority vested in him by this Code and this chapter.

(d) The emergency conditions under which a snowmobile may be operated other than as provided by this chapter shall be such as to render the use of an

automobile impractical under such conditions at such period of time and location.

(e) It shall be unlawful for any Indian person to drive or operate any snowmobile in the following ways which are declared to be unsafe and a public nuisance:

(f) At a rate of speed greater than reasonable or proper under all the surrounding circumstances.

(g) In a care1ess, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.

(h) While under the influence of intoxicating liquor or a controlled substance.

(i) Without a lighted head lamp and tail lamp when required for safety.

(j) In any tree nursery or planting in a manner which damages or destroys growing stock.

(k) Without a manufacturer-installed or equivalent muffler in good working order and connected to the snowmobile exhaust system.

(l) Upon any private land where the private land is posted by the owner or tenant prohibiting trespassing. The name and address of the person posting the land and the date of posting shall appear on each sign in legible characters. The posted signs shall be readable from the outside of the land and shall be placed conspicuously at a d1stance of not more than eighty rods apart, provided further that as to land entirely enclosed by a fence or other enclosure, posting of such signs at or on all gates through such fence or enclosure, shall be construed to be a posting of all such enclosed lands.

(m) When snowmobiles are operated within the right of way of any road, street, or highway of this state pursuant to this chapter, during times or conditions that warrant the use of lights, such snowmobiles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right of way traveled by the snowmobile.

(n) It shall be unlawful for any Indian person to operate a snowmobile within a highway right of way as defined in Subsection 37 of Section 1.2602 between April first and November first of any year.