CHAPTER 17-5
ADDITIONAL PROVISIONS

17-5-1 Tribal Court Enforcement Authority.

(A)    The Tribal Court will have full jurisdiction and authority to enforce this Title to the fullest extent legally possible. All civil provisions of this Title shall apply to non-Tribal members and non-Indians over which the Prairie Band Potawatomi Tribal Court has no criminal jurisdiction. The Prairie Band Potawatomi Tribal Court will have the authority to enforce civil fines for any driver who violates this Title.

(B)    All provisions enumerated within this Code may be enforced through this Chapter. A civil fine may imposed in the amount enumerated for any activity for which criminal punishment is provided.

(C)    Civil penalties may include:

(1)    Fines

(2)    Court Costs

(3)    Civil Court Orders

(4)    Contempt of Court

(D)    The Tribal Court will be authorized to issue civil contempt against any individual who fails to comply with an order of the court. Civil contempt may include incarceration and fines. This subsection will apply to both tribal and non-tribal members.

(E)    Officers commissioned to enforce tribal law will initiate complaints using the tribal complaint and summons created in this Title and alternatively, civil complaints may be signed by private citizens who have witnessed a civil violation.

17-5-2 Public Nuisance.

Violations of the any civil or criminal provision of this Code will be determined by the Tribal Court to be an unlawful public nuisance.

17-5-3 Tribal Reciprocity with State of Kansas.

The State of Kansas will be authorized to enforce any Prairie Band Potawatomi Tribal Court orders made in accordance with this Chapter. The State of Kansas will have the authorization to enforce court orders from Tribal Court affecting an individual’s driving privileges.

17-5-4 Garbage, Glass, etc. on Highways.

(A)    No person shall throw or deposit upon the highway any glass bottle, glass, nails, tacks, wire, cans, rubbish or any other thing likely to injure any person, animal or vehicle.

(B)    Any person who drops or permits to be dropped or thrown, upon any highway, any of the above materials or any other destructive or injurious material shall immediately remove the same or cause it to be removed. Any person violating subsection (A) or (B) will be charged with an infraction and be fined not to exceed two hundred dollars ($200).

(C)    Any person removing a wrecked or damaged vehicle from the highway shall remove any glass or injurious substance dropped upon the highway from such vehicle. Any person who violates this section will be charged with an infraction and be fined not to exceed one hundred dollars ($100).

17-5-5 Open Bottle in Vehicle.

No person shall drink or consume alcoholic beverages in or on any motor vehicle when such vehicle is upon a highway or in any area used principally for public parking or any area that is adjacent to or readily accessible by any roadway. No person shall have in possession on his or her person while in or on a private vehicle upon a highway or in an area used principally for public parking within the Prairie Band Potawatomi jurisdiction, any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed. It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in or on the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway or in an area used principally for public parking within the Prairie Band Potawatomi jurisdiction, any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment is within the area occupied by the driver and passenger. Any person violating the provisions of this section will be charged with an infraction and be fined not to exceed one hundred dollars ($100).

17-5-6 Handicap Zone.

Handicap Zone shall mean the area or space officially set aside within a parking area for the exclusive use of handicapped persons and which is so plainly marked or indicated by proper handicap signs that are plainly visible at all times while set aside as a Handicap Zone. No driver can park in a Handicap Zone without a handicap sticker clearly visible or attached on the rear window or license plate of the vehicle. Any person violating the provisions of this section shall be charged with an infraction and be fined not to exceed one hundred dollars ($100).

17-5-7 Exhibition Driving and Drag Racing; Definitions; Penalty.

(A)    No person may engage in exhibition driving of any vehicle on a highway, street, alley, sidewalk, or any public or private parking lot or area, nor may any person engage in a race, speed competition, drag race or acceleration contest, test of physical exhibition of speed or acceleration. Any person who violates this section by engaging in exhibition driving will be charged with an infraction and fined not to exceed one hundred dollars ($100). Any person who violates this section by engaging in a drag race or a race will be charged with an infraction and be fined not to exceed two hundred and fifty dollars ($250) with court costs.

(B)    As used in this section:

(1)    Drag race means the operation of two or more vehicles from a point side by side by accelerating rapidly in a competitive attempt to cause one vehicle to outdistance the other; or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speed or powers of such vehicle or vehicles within a certain distance or time limit.

(2)    Exhibition driving means driving a vehicle in a manner which disturbs the peace by creating or causing unnecessary engine noise, tire sequel, skid, or slide upon acceleration or braking; or driving and executing or attempting one or a series of unnecessarily abrupt turns.

(3)    Race means the use of one or more vehicles in an attempt to out gain, outdistance or to arrive at a given distance ahead of another vehicle or vehicles; or the use of one or more vehicles or willfully prevent another vehicle from passing the racing vehicle or vehicles or to test the physical stamina or endurance of the persons driving the vehicles over a long distance driving route.

(4)    Nothing in this section shall be construed as prohibiting drag racing, exhibition driving, or similar events when carried out in an organized manner legally approved by the Prairie Band Potawatomi on a track or other privately owned area specifically set aside and used solely for such purposes by drivers of motor vehicles, including snowmobiles.

17-5-8 Emergency and Law Enforcement Vehicles.

(A)    All emergency and law enforcement vehicles, whether authorized by tribal, state or federal law while within the Prairie Band Potawatomi reservation boundaries, must comply with tribal non-emergency traffic regulations unless the vehicle is being driven in response to an emergency call, is engaged in rescue operations, or is being used in the immediate pursuit of an actual or suspected violator of the law.

(B)    It is the duty of each individual operating an emergency vehicle or law enforcement to use due care and to discontinue the emergency run and/or high speed chase if the danger/s outweigh the justification;

(C)    Emergency and law enforcement vehicles shall proceed through controlled intersections slowing down as is necessary to ensure safe operation;

17-5-9 Payment of Traffic Fines.

All persons guilty of a violation of this Title must pay their fines by the time prescribed on the ticket or by the court. Any person failing to pay a fine by the time prescribed will have his or her license to drive or permission to drive within the Prairie Band Potawatomi jurisdiction automatically revoked by the court. The license will remain revoked until the fine is paid. A person guilty of a violation must come to court prepared to pay the fine.