Resolution Number TMBC1364-07-24 of the Duly Elected and Certified Governing Body of the Turtle Mountain Band of Chippewa Indians
WHEREAS, the Turtle Mountain Band of Chippewa Indians, hereinafter referred to as the Tribe, is an unincorporated Band acting under a revised Constitution and By-Laws approved by the Secretary of the Interior on June 16th, 1959 and amendments thereto approved; and
WHEREAS, Article IX (a) Section 1 of the Turtle Mountain Constitution and By-Laws empowers the Tribal Council with the authority to represent the Band and to negotiate with Federal, State, and Local Governments and with private persons; and
WHEREAS, Article VII Section 1 of the Turtle Mountain Constitution and Bylaws requires a 30-day comment period prior to the adoption of any ordinances or amendments to the Tribal Code, whether proposed by resolution or otherwise. Adoption must occur through a roll call vote of the Tribal Council at a publicly held meeting; and
WHEREAS, two provisions of the traffic code do not clearly state penalties for the offenses, specifically 38.0206 and 38.0228; and
WHEREAS, 38.0206 of the traffic code do not clearly differentiate between reckless driving and aggravated reckless driving; and
WHEREAS, in order to effectively administer the traffic code these provisions should have clear penalties; now
THEREFORE BE IT RESOLVED amendments to 38.02.060 shall be put out for 30-day comment to be amended to state:
Reckless Driving; Aggravated reckless driving; Penalty.
1. Any person shall be guilty of reckless driving if he or she drives a vehicle:
A. Recklessly in disregard of the rights or safety of others; or
B. Without due caution and circumspection and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another.
C. A person found guilty of reckless driving shall be subject to a penalty of a Class 3 offense as defined in Title 26.
2. Any person shall be guilty of aggravated reckless driving if he or she drives a vehicle:
A. Recklessly in disregard of the rights or safety of others and causes injury to property or person; or
B. Without due caution and circumspection and circumspection and at a speed or in a manger as to endanger or be likely to endanger any person or the property of another and cause injury to property or person.
C. A person found guilty of aggravated reckless driving shall be subject to a penalty of a Class 4 offense as defined in Title 26.
NOW THEREFORE BE IT FURTHER RESOLVED amendments to 38.02.280 shall be put out for 30-day comment to be amended to state:
38.02.280 Feeing or attempting to elude a peace officer.
Any driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop. A signal complies with this section if the signal is perceptible to the driver and:
1. If given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the stopping vehicle is appropriately marked showing it to be an official police vehicle; or
2. If not given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the officer is in uniform and prominently displays the officer's badge of office.
3. An individual found guilty fleeing or attempting to elude a peace officer is guilty of a Class 4 Offense as defined in Title 26.
NOW THEREFORE BE IT FURTHER RESOLVED the Tribe is approving 30-day comment period for amendments to traffic code 38.02.060 and 38.02.280. Enforcement of these penalties with be in effect on an emergency basis.
CERTIFICATION
I, the undersigned Tribal Secretary of the Turtle Mountain Band of Chippewa Indians, do hereby certify that the Tribal Council is composed of nine (9) members of whom eight (8) constituting a quorum were present at a meeting duly called, convened and held on the 30th day of July, 2024, that the foregoing resolution was adopted by an affirmative vote of all seven (7) in favor-Representatives Lynn Gourneau, Craig Lunday, Jon Jon Keplin, Ron Trottier Sr., Elmer Davis Jr., Blaine "Slugger" Davis and Chad Counts; one (1) absent- Representative Kenneth Malaterre; none (0) opposed; with the Tribal Chairman not voting.
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Jolean A. Morin, Tribal Secretary
( ) SIGNED INTO LAW/Dated this____day of _____________, 2024
( ) VETOED/Dated this_____day of ______________, 2024
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Jamie Azure, Tribal Chairman
