Chapter 5.04 CIVIL TRAFFIC CODE

The Puyallup Tribal Council adopts this chapter to promote the welfare and safety of all persons who use the roadways lying within the jurisdiction of the Puyallup Tribe of Indians and to provide for fair and efficient disposition of civil traffic infractions. [Res. 220391-a (04/22/91); prior code § 5.01.010]

5.04.020 Definitions.

Words of this chapter shall have the meaning given them in this chapter unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the meaning of the word in harmony with the purposes of this chapter.

(a) “Alley” means a way or passage used primarily as a means of access or egress to and from the rear of residences, business establishments, or other buildings; not designed for general travel.

(b) “Authorized emergency vehicle” means any vehicle used by either a fire department, Puyallup Law Enforcement Division, sheriff’s office, Washington State Patrol or ambulance.

(d) “Driver” or “operator” means any person who is the operator of a vehicle or is in actual physical control of the vehicle.

(e) “Driveway” means a way or passage used for travel of vehicles by persons possessing the right to occupy the place or passage but not by others.

(f) “Enforcement Officer” means every person authorized by the Puyallup Tribal Council to serve as a Puyallup Tribal Enforcement Officer and officers commissioned by the United States of America.

(g) “Highways” means all streets, roads and highways within the territorial jurisdiction of the Puyallup Tribe of Indians maintained or built by the State of Washington, City of Tacoma, City of Fife, Pierce County, Puyallup Tribe of Indians or United States of America.

(h) “Laned road” means a roadway which is divided into clearly marked lanes for vehicular travel.

(i) “Motorcycle” means every motor vehicle having a seat for use of the operator and designed to travel on not more than three wheels in contact with the ground.

(j) “Motor vehicle” means every vehicle which is self-propelled but not operated on rails.

(k) “Off-road vehicle” means any motorized vehicle when used off road for recreational travel on roads or cross-country travel on land, snow, ice, marsh, swampland or other natural terrain.

(l) “Owner” means a person who has the lawful right of possession of a vehicle, not merely permission to use it.

(m) “Park” or “parking” means to stop and keep standing a vehicle for a time other than for the purpose of temporarily loading or unloading.

(n) “Revoke” means withdrawal of a person’s privilege to drive for a period of at least one year.

(o) “Right-of-way” means the privilege of the immediate use of a roadway.

(p) “Roadway” means a way or passage designed or ordinarily used for vehicular travel.

(q) “Stand” or “standing” means the halting of a vehicle other than to temporarily load or unload.

(r) “Stop” means to halt a motor vehicle even momentarily except when directed to do so by a traffic sign, direction of an Enforcement Officer, or to avoid conflict with other traffic.

(s) “Suspend” means withdrawal of a person’s privilege to drive for less than one year.

(t) “Traffic” means pedestrians, ridden animals, and vehicular conveyances, either singly or together, while using a roadway for purposes of travel.

(u) “Tribal Court” and “Court” mean the Puyallup Tribal Court.

(v) “Vehicle” means every mechanical device capable of being used for transportation or driven by a person upon a highway, except vehicles moved by human or animal power.

(w) “Vehicle right-of-way” means the right of one vehicle to proceed in a manner in preference to another vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.020]

5.04.030 Jurisdiction.

The Puyallup Tribal Court is vested with personal, subject matter and territorial jurisdiction to the extent permitted under the Constitutions and laws of the Puyallup Tribe and the United States of America and the Puyallup Land Claims Settlement Agreement dated August 27, 1988. [Res. 220391-a (04/22/91); prior code § 5.01.030]

5.04.040 Means of exercising jurisdiction.

In exercising jurisdiction over civil traffic infractions, if a process is not specified under this chapter, the Tribal Court may adopt any suitable process consistent with the purpose of this chapter and in harmony with the spirit of the Puyallup Tribal laws. [Res. 220391-a (04/22/91); prior code § 5.01.040]

5.04.050 Explanation of privilege.

The operation of a vehicle within the jurisdiction of the Puyallup Tribe of Indians is a privilege, which may be granted, denied, suspended or revoked by the Puyallup Tribe of Indians. [Res. 220391-a (04/22/91); prior code § 5.01.050]

5.04.060 Officers to enforce Traffic Code.

All Enforcement Officers commissioned by the Puyallup Tribal Council or the United States Government shall have the authority to enforce the Traffic Code of the Puyallup Tribe of Indians. Any Enforcement Officer shall upon request produce evidence of his or her commission. [Res. 220391-a (04/22/91); prior code § 5.01.060]

Subchapter 2. Procedure

5.04.070 Notice of infraction – Issuance by Enforcement Officer.

An Enforcement Officer has the authority to issue a notice of civil traffic infraction:

(a) When it occurs in the Enforcement Officer’s presence;

(b) When an Enforcement Officer investigating the scene of an accident has reasonable cause to believe a civil traffic infraction has been committed; or

(c) When an Enforcement Officer discovers an unattended vehicle parked, stopped or standing contrary to this chapter. The Officer shall affix a notice of civil traffic infraction in plain view on the vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.110]

5.04.080 Notice of infraction – Issuance by the Court.

The Court may issue notice of civil traffic infraction when it receives a written statement of an Enforcement Officer that there is reasonable cause to believe that an infraction has been committed. [Res. 220391-a (04/22/91); prior code § 5.01.120]

5.04.090 Notice of infraction – Form.

A notice of civil traffic infraction shall be on a form authorized by the Puyallup Tribal Court. [Res. 220391-a (04/22/91); prior code § 5.01.130]

5.04.100 Notice of infraction – Time of initial hearing.

The notice of civil infraction issued by the Court or an Enforcement Officer shall set a time for an initial hearing to be held no sooner than seven days nor more than 30 days from the date of the notice of hearing is served. [Res. 220391-a (04/22/91); prior code § 5.01.140]

5.04.110 Notice of infraction – Three options for response.

A person shall respond to a notice of civil traffic infraction in any one of the following ways:

(a) Pay the Fine. The fine shall be paid to the Puyallup Tribal Court on or before the day of the initial hearing. The Court shall then enter a judgment that the person committed the civil traffic infraction. If the infraction requires a mandatory appearance under Subchapter 14, the person cannot pay the fine in lieu of appearance before the Court;

(b) Request a Hearing to Explain the Circumstances. Without contesting that he or she committed the traffic infraction, a person may request a hearing to explain the circumstances surrounding the violation, when such hearing might arguably lessen the amount of the fine; or

(c) Request a Hearing to Contest the Citation. A person may request a hearing to contest that a traffic infraction occurred. The person must appear at the initial hearing to tell the Court which of the three options he or she chooses. Unless the infraction requires a mandatory appearance as indicated in Subchapter 14, the person may pay the fine before the hearing in lieu of making an appearance. [Res. 220391-a (04/22/91); prior code § 5.01.150]

5.04.120 Notice of infraction – Failure to respond.

If a person fails to appear and respond as required by PTC 5.04.110, the Court shall enter an order finding that the person committed the traffic infraction, shall assess the appropriate fine and may notify the Washington State Department of Licensing to prevent renewal of the person’s driver’s license until all fines are paid. [Res. 220391-a (04/22/91); prior code § 5.01.160]

5.04.130 Hearing – Scheduling by the Court.

When a person requests a hearing to explain the circumstances or to contest the infraction, the Court shall schedule a hearing to take place no less than seven days and not more than 90 days from the date of the initial hearing. The Court shall give the person written notice of the date and time of the hearing to explain. [Res. 220391-a (04/22/91); prior code § 5.01.170]

5.04.140 Hearing to contest the citation.

The following rules apply to hearings held to contest the determination that a civil traffic infraction has occurred:

(a) The proceeding shall be heard by the Court without a jury;

(b) The Tribe and the person requesting the hearing may both be represented by counsel;

(c) The burden of proof is on the Tribe to establish the commission of the infraction by a preponderance of the evidence;

(d) The person requesting the hearing has the right to present evidence and to examine witnesses;

(e) After consideration of the evidence and argument, the Court shall determine whether an infraction was committed. Where it has not been established by a preponderance of the evidence that an infraction has been committed, the Court shall enter an order dismissing the action. Where it has been established that an infraction has been committed, the Court shall enter an order accordingly; and

(f) Any appeal shall be heard as a new trial before a panel of three Tribal elders. There shall be no appeal of the elders’ decision. [Res. 220391-a (04/22/91); prior code § 5.01.180]

5.04.150 Hearing to explain the circumstances surrounding the infraction.

A hearing held for the purpose of allowing a person to explain the circumstances surrounding the commission of an infraction which might arguably lessen the amount of the fine shall be an informal proceeding to which the following rules apply:

(a) The person requesting the hearing may not contest the determination that the traffic infraction occurred;

(b) The Tribe and the person requesting the hearing may both be represented by counsel;

(d) After the Court has heard the explanation of the circumstances, the Court shall determine whether the explanation of events justifies reducing the amount of the fine. The Court shall enter an appropriate order, which may include ordering payment of the fine, suspending part or all of the fine, ordering payments over time or ordering community service in lieu of payment of a fine. The Court has continuing jurisdiction and authority to supervise the order.

(e) There shall be no right to appeal the Court’s order. [Res. 220391-a (04/22/91); prior code § 5.01.190]

5.04.160 Order of Court.

All orders entered by the Court under this chapter are civil in nature. The Court may, in its discretion, waive, reduce or suspend the fine, or impose community service in lieu of payment of a fine. The Court may also order suspension or revocation of the driver’s privilege to operate a motor vehicle within the jurisdiction of the Puyallup Tribe of Indians as provided under this chapter. [Res. 220391-a (04/22/91); prior code § 5.01.200]

5.04.170 Suspension/revocation.

The Court may order a driver’s privilege to drive within the jurisdiction of the Puyallup Tribe of Indians to be suspended as part of any penalty ordered under this chapter. This suspension shall not be for more than one year, and may be conditioned upon the performance or nonperformance of certain activities, a clean driving record, and/or the payment of fines, in the discretion of the Judge; provided, that if the penalty ordered is based on a driver’s failure to respond to a notice of infraction, the Court may revoke a driver’s privilege to drive for more than one year. [Res. 220391-a (04/22/91); prior code § 5.01.210]

5.04.180 Occupational license.

When a driver’s privilege to drive is suspended or revoked under this chapter, the Judge may, in his or her discretion, provide for a limited occupational license for that driver. This license to drive shall be limited to driving activities necessary for the driver’s transportation to and from work. [Res. 220391-a (04/22/91); prior code § 5.01.220]

Subchapter 3. Vehicle Safety Equipment

5.04.190 Vehicle safety equipment – Generally.

It is a civil traffic infraction for any person to fail to comply with any provision set forth in this subchapter. [Res. 220391-a (04/22/91); prior code § 5.01.310]

5.04.200 Required safety equipment.

No person shall drive any vehicle on a roadway which does not have the following safety equipment in proper condition and adjustment.

(a) Bumpers. Every motor vehicle shall be equipped with bumpers maintained in good condition.

(b) Headlights. Every motor vehicle shall be equipped with at least two headlights, with one on each side of the vehicle.

(d) Muffler. Every motor vehicle shall be equipped with a muffler in good working order to prevent excessive or unusual noise.

(e) Parking Brakes. Every motor vehicle shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it operated.

(f) Reflectors. Every motor vehicle shall carry on the rear at least two red reflectors. Every reflector shall be of such size and so mounted as to be clearly visible at night within 600 feet, when directly in front of lawful upper beam headlights.

(g) Service Brakes. Every motor vehicle shall be equipped with service brakes maintained in good working order and adequate to control the movement of and to stop and hold such vehicle on any grade incident to its operation.

(h) Stop Lamps. Every motor vehicle shall be equipped with at least two tail lights mounted on the rear which shall emit a red light plainly visible from a distance of 300 feet in normal sunlight.

(i) Tail Lights. Every motor vehicle shall be equipped with at least two stop lamps on the rear of the vehicle, which shall be visible upon application of the service brakes.

(j) Turn Signal. Every motor vehicle shall be equipped with electric turn signals, which shall indicate an intention to turn by flashing lights showing to the front and rear of the vehicle. The lamps showing to the front shall be mounted on the same level and as widely spaced as practicable and, when signaling, shall emit an amber light. The lamp showing to the rear shall be mounted on the same level and as widely spaced as practicable and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signals shall be visible from a distance of not less than 500 feet to the front and rear in normal sunlight.

(k) Windshield. Every motor vehicle shall be equipped with a front windshield in such condition as to permit the driver a clear view.

(l) Windshield Wipers. Every vehicle shall be equipped with windshield wipers, maintained in good working order. [Res. 220391-a (04/22/91); prior code § 5.01.320]

5.04.210 Vehicles to be equipped with tires in safe condition.

Every motor vehicle shall be equipped with tires in safe operating condition. A tire shall be considered to be unsafe if it has:

(a) Any ply or cord exposed either to the naked eye or when cuts and abrasions on the tire are probed; or

(b) Any bump, bulge or knot affecting the tire structure; or

(d) A tread depth of less than two thirty-seconds of an inch measured in two major tread grooves at three locations equally spaced around the tire; or

(e) Any condition that reasonably demonstrates that the tire is unsafe; or

(f) Markings on the tire specifying that the tire is not intended for use on a roadway, such as “for racing purposes only”; or

(g) Tread wear indicators which contact the road in any two major tread grooves at three locations equally spaced around the tire. [Res. 220391-a (04/22/91); prior code § 5.01.330]

5.04.220 Multiple-beam headlights.

The headlights of all motor vehicles shall be so arranged that the driver may select at will between high and low beams of light. The high beams shall be so aimed and of such intensity as to reveal persons and vehicles at a distance of 450 feet ahead. The low beams shall be so aimed and of such intensity to reveal persons and vehicles at a distance of 150 feet ahead. On a straight level road none of the high intensity portion of the beam shall be directed to strike the eyes of any approaching driver. [Res. 220391-a (04/22/91); prior code § 5.01.340]

5.04.230 Use of multiple-beam headlights.

Whenever a motor vehicle is being operated on a roadway during the time specified in PTC 5.04.250, the driver shall use a beam sufficient to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to these requirements:

(a) Whenever a driver of a motor vehicle approaches an oncoming vehicle within 500 feet, such driver shall use low beams; and

(b) Whenever a driver of a motor vehicle approaches another vehicle from the rear within 300 feet, such driver shall use low beams. [Res. 220391-a (04/22/91); prior code § 5.01.350]

5.04.240 Spot lamps.

Whenever a motor vehicle is equipped with spot lamps or other auxiliary lamps, such lamps shall not be of such intensity and adjustment as to strike the eyes of an approaching driver. [Res. 220391-a (04/22/91); prior code § 5.01.360]

5.04.250 Times when headlights and tail lights are required to be on.

No person shall drive or move any vehicle on a roadway without headlights and tail lights turned on, from a half hour after sunset to a half hour before sunrise and any time weather conditions diminish a driver’s clear view. [Res. 220391-a (04/22/91); prior code § 5.01.370]

5.04.260 Wheel projections.

No vehicle shall be equipped with wheel nuts, hubcaps, or wheel disks which project outside the body of the vehicle in a manner constituting a hazard to pedestrians and cyclists. [Res. 220391-a (04/22/91); prior code § 5.01.380]

5.04.270 Body projections.

The body, fenders, and bumpers of all vehicles shall be maintained without protrusions which could be hazardous to pedestrians and cyclists. [Res. 220391-a (04/22/91); prior code § 5.01.390]

5.04.280 Flags on projecting loads.

No person shall drive or move any vehicle on a roadway without red signal flags, at least 12 inches square, marking the extremities, whenever the load upon the vehicle extends four feet or more beyond the body of the vehicle. During the hours of darkness such extremities shall be marked with a red light plainly visible from a distance of at least 500 feet from the sides and rear. This light shall be in addition to the red tail lights required on every vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.400]

5.04.290 Safety belts – Use required.

(a) Every person 16 years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

(b) No person may operate a motor vehicle unless all passengers under the age of 16 years are either wearing a safety belt assembly or are securely fastened in a federally approved child restraint device. [Res. 220391-a (04/22/91); prior code § 5.01.410]

5.04.300 Child passenger restraints required.

A driver transporting a child under the age of three years shall have the child properly secured in a federally approved child safety seat. [Res. 220391-a (04/22/91); prior code § 5.01.420]

5.04.310 Motorcycle safety equipment.

No person shall drive or move any motorcycle which does not have the following safety equipment in proper condition and adjustment:

(a) Brakes. Every motorcycle shall be equipped with service brakes in safe, working order and which shall operate on the front and rear wheels.

(b) Headlights. Every motorcycle shall be equipped with at least one headlight in good working order.

(c) Reflector. Every motorcycle shall carry on the rear, either as part of the tail light or separately, at least one red reflector.

(d) Stop Lamps. Every motorcycle shall be equipped with at least one stop lamp which shall clearly display a red light and which shall be visible upon application of the service brake.

(e) Tail Light. Every motorcycle shall be equipped with at least one tail light in good working condition. [Res. 220391-a (04/22/91); prior code § 5.01.430]

5.04.320 Motorcycles – Headlight and tail light required to be on.

Every motorcycle shall have its headlight and tail light on whenever such vehicle is in motion on any roadway. [Res. 220391-a (04/22/91); prior code § 5.01.440]

5.04.330 Motorcycles – Exhaust system.

No person shall modify the exhaust system of a motorcycle or fail to maintain the exhaust system so as to amplify or increase the noise above the level emitted by the muffler originally installed on the motorcycle. [Res. 220391-a (04/22/91); prior code § 5.01.450]

5.04.340 Motorcycles – Eye protection.

No person shall drive or ride as a passenger on a motorcycle on any roadway without wearing glasses or goggles or a face shield in a manner which actually protects the eyes. [Res. 220391-a (04/22/91); prior code § 5.01.460]

5.04.350 Motorcycles – Helmet protection.

No person shall drive or ride as a passenger on a motorcycle on any roadway without wearing a protective helmet which meets federal safety standards. [Res. 220391-a (04/22/91); prior code § 5.01.470]

5.04.360 Moving vehicle in unsafe conditions.

It is a civil infraction to drive or move any vehicle which is in unsafe condition as to endanger any person. [Res. 220391-a (04/22/91); prior code § 5.01.480]

Subchapter 4. Driver’s License

5.04.370 Rules of the road – Generally.

It shall be a civil traffic infraction for any person to fail to comply with any provisions set forth in this subchapter. [Res. 220391-a (04/22/91); prior code § 5.01.510]

5.04.380 Drivers to be licensed.

No person shall operate a vehicle within the jurisdiction of the Puyallup Tribe of Indians unless he or she has obtained a valid operator’s license issued by any jurisdiction recognized by the Puyallup Tribe of Indians for the purpose of operating the type of vehicle for which he or she is driving, e.g., school bus, automobile, chauffeur, and construction vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.520]

5.04.390 Operator’s license in driver’s possession.

No person shall operate a vehicle within the jurisdiction of the Puyallup Tribe of Indians unless he or she has a valid operator’s license, issued to him or her by any jurisdiction recognized by the Puyallup Tribe of Indians, on his or her person or within the vehicle being operated. [Res. 220391-a (04/22/91); prior code § 5.01.530]

5.04.400 Driving while license suspended or revoked.

No person shall operate a vehicle within the jurisdiction of the Puyallup Tribe of Indians when the person’s operator’s license has been suspended or revoked by any jurisdiction except in compliance with the terms of a valid occupational license. [Res. 220391-a (04/22/91); prior code § 5.01.540]

5.04.410 Learner’s permit.

No person under the age of 15 and one-half years of age shall operate a vehicle within the Tribe’s jurisdiction except in full compliance with all requirements of a valid state or Tribal learner’s permit. [Res. 220391-a (04/22/91); prior code § 5.01.550]

5.04.420 Motorcycle endorsement required.

No person shall operate a motorcycle or motor-driven cycle, except a moped, unless such person has a valid driver’s license specially endorsed by a jurisdiction recognized by the Puyallup Tribe of Indians to enable the holder to drive such a vehicle, nor may a person operate a motorcycle of a larger engine displacement than that authorized by the special endorsement. [Res. 220391-a (04/22/91); prior code § 5.01.560]

5.04.430 Vehicle license required.

No person shall operate a vehicle within the jurisdiction of the Puyallup Tribe of Indians unless the vehicle has mounted on it proper vehicle license plates and current license tabs issued by the Puyallup Tribe of Indians or any jurisdiction recognized by the Puyallup Tribe of Indians. [Res. 220391-a (04/22/91); prior code § 5.01.570]

Subchapter 5. Emergency Vehicles

5.04.440 Yield to emergency vehicles.

The driver of every vehicle shall yield the right-of-way by pulling over to the far right of the road and stopping upon the immediate approach of an authorized emergency or Law Enforcement vehicle making lawful use of its sirens and visual signals. [Res. 220391-a (04/22/91); prior code § 5.01.610]

5.04.450 Following fire vehicles prohibited.

The driver of any vehicle other than one of official business shall not follow an official fire vehicle, traveling in response to a fire alarm, closer than 500 feet, or stop any vehicle closer than 500 feet from an official vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.620]

5.04.460 Crossing fire hose.

No person shall drive or move a vehicle over any unprotected fire hose without the consent of a fire official who is present. [Res. 220391-a (04/22/91); prior code § 5.01.630]

5.04.470 Emergency vehicles exempt from speed limit, due care required.

The speeds designated in this chapter shall not apply to authorized emergency vehicles when operated in emergencies. Nothing in this chapter shall relieve the driver of an authorized emergency vehicle from the duty to drive with due care for the safety of all persons using the roadway. [Res. 220391-a (04/22/91); prior code § 5.01.640]

Subchapter 6. Motorcycles

5.04.480 Motorcycles – Operation on laned roads.

(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in a manner that deprives a motorcycle of the full use of a lane.

(b) The operator of a motorcycle shall not overtake and pass a vehicle in the same lane as is occupied by the vehicle being overtaken.

(c) The operator of a motorcycle shall not overtake and pass a vehicle while any oncoming vehicles are adjacent to the vehicle being overtaken. [Res. 220391-a (04/22/91); prior code § 5.01.710]

5.04.490 Motorcycles – Riding on the permanent seat only.

A person operating a motorcycle shall ride only upon the permanent seat attached to the motorcycle and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person. A passenger shall ride only upon a seat designed for that purpose. [Res. 220391-a (04/22/91); prior code § 5.01.720]

5.04.500 Motorcycles – Footpegs.

A motorcycle must be equipped with footpegs for each person the motorcycle is designed to carry. [Res. 220391-a (04/22/91); prior code § 5.01.730]

5.04.510 Motorcycles – Both feet not to be on same side.

No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle. [Res. 220391-a (04/22/91); prior code § 5.01.740]

5.04.520 Motorcycles – Clinging to other vehicles.

No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle moving on a roadway. [Res. 220391-a (04/22/91); prior code § 5.01.750]

Subchapter 7. Off-Road Vehicles

5.04.530 Off-road vehicles.

It shall be unlawful for any person to drive a vehicle except on existing roadways anywhere within the jurisdiction of the Puyallup Tribe of Indians unless the person has prior permission of the landowner. All off-road vehicles within the jurisdiction of the Puyallup Tribe of Indians are subject to all applicable licensing, equipment and other provisions of this chapter. [Res. 220391-a (04/22/91); prior code § 5.01.810]

Subchapter 8. Pedestrians

5.04.540 Pedestrians – Drivers to use due care.

Every driver of a vehicle shall exercise due care to avoid colliding with any person upon a roadway. [Res. 220391-a (04/22/91); prior code § 5.01.910]

5.04.550 Pedestrians to remain off roadway.

Every pedestrian shall remain safely off the main traveled portion of the roadway. [Res. 220391-a (04/22/91); prior code § 5.01.920]

5.04.555 Public consumption of illegal drugs.

No person shall use illegal drugs in a public place.

This section shall not preclude arrest or conviction for any other crimes, offenses, or infractions related to the possession or use of illegal drugs. [Res. 260319A (03/26/19)]

5.04.555.A Public consumption of marijuana.

No person shall use marijuana in a public place. Violation of this section is also a Class C offense under PTC 5.12.1050(d). [Res. 260319A (03/26/19)]

5.04.555.B Public consumption of alcoholic beverages.

No person shall open a package containing an alcoholic beverage or consume an alcoholic beverage in a public place, unless consumption of alcoholic beverages in such a place is specifically permitted or licensed by the Puyallup Tribe. [Res. 260319A (03/26/19)]

5.04.560 Pedestrians – Right-of-way in crosswalk.

When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be, 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 side of the roadway as to be in danger. [Res. 220391-a (04/22/91); prior code § 5.01.930]

5.04.570 Skateboarding.

Every person using a skateboard, roller-skates or rollerblades upon any sidewalk or public place shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian traffic, grade and width of sidewalk or public path and condition of surface and shall obey all traffic control devices. Every person using a skateboard, roller-skates or rollerblades upon a sidewalk or public path shall yield the right-of-way to any pedestrian. No skateboarding or roller-skating shall occur on any public roadway. [Res. 220391-a (04/22/91); prior code § 5.01.940]

Subchapter 9. Materials on Road

5.04.580 Throwing glass or other material on road prohibited.

(a) No person shall throw or deposit upon any roadway any glass, nails, tacks, wire, cans, bottles or any other substance likely to injure any person or animal upon or near the edge of such roadway.

(b) Any person removing a wrecked or damaged vehicle from a roadway shall remove any glass or other injurious substance dropped from the vehicle onto the roadway. [Res. 220391-a (04/22/91); prior code § 5.01.1010]

5.04.590 Littering.

No person shall throw, drop or otherwise release any material from a vehicle onto the roadway or shoulder of the roadway. [Res. 220391-a (04/22/91); prior code § 5.01.1020]

5.04.600 Permitting escape of load or other materials.

Any person operating a vehicle from which any glass or other objects have fallen or escaped which could endanger travel upon the roadway shall immediately remove all such glass or objects from the roadway. [Res. 220391-a (04/22/91); prior code § 5.01.1030]

5.04.610 Interference with signs and signals.

No person shall deface, injure or remove any of the official traffic signs or signals placed or erected as provided in this chapter. [Res. 220391-a (04/22/91); prior code § 5.01.1040]

Subchapter 10. Speed Limits – Due Care Required

5.04.620 Speed limits.

No person shall drive a vehicle in excess of the posted speed limit within the jurisdiction of the Puyallup Tribe of Indians. Unless otherwise posted the speed limit within the jurisdiction of the Puyallup Tribe of Indians is 25 miles per hour. [Res. 220391-a (04/22/91); prior code § 5.01.1110]

5.04.630 Due care required.

No person shall drive a vehicle or bicycle upon a roadway in a manner or at a speed greater than is reasonable and prudent, having a due regard to the traffic, surface, width of the roadway and other conditions then existing. Nor shall any person drive in a manner or at a speed which is greater than will permit the driver to exercise proper control of the vehicle or bicycle and to decrease speed and to stop as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the roadway in compliance with legal requirements and with the duty of drivers and other persons using the roadway to exercise due care. [Res. 220391-a (04/22/91); prior code § 5.01.1120]

Subchapter 11. Vehicle Travel – Rules of the Road

5.04.640 Drive on the right side of the road.

Every vehicle shall be driven on the right-half side of the roadway except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction; or

(b) When a roadway is not sufficiently wide; or

(c) When an obstruction exists making it necessary to drive to the left of center; provided, that any person so doing shall yield the right-of-way to oncoming traffic. [Res. 220391-a (04/22/91); prior code § 5.01.1210]

5.04.650 Turning, stopping, moving right or left – Signals required.

No person shall turn a vehicle or move right or left upon a road unless such movement can be made with reasonable safety and unless the proper hand or lighted turn signal is given. Whenever the signal is given by means of the hand and arm, the driver shall indicate his or her intention to turn to the left by extending his or her hand and arm horizontally from and beyond the left side of the vehicle, his or her intention to turn to the right by extending his or her hand upward and beyond the left side of the vehicle, and his or her intention to stop or suddenly decrease speed by extending his or her hand and arm downward from and beyond the left side of the vehicle. The signals herein are required to be given before turning to the right or the left, whether by means of the hand and arm or by means of an approved mechanical or electrical device. [Res. 220391-a (04/22/91); prior code § 5.01.1220]

5.04.660 Turning at intersections.

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

(a) Approach for a right turn shall be made in the lane for traffic nearest the right-hand side of the roadway and the right turn shall be made as closely as practicable to the right-hand curb or edge of the roadway.

(b) Approach for a left turn shall be made in the lane for traffic to the right and nearest to the center line of the roadway and the left turn shall be made by passing to the right of such center line where it enters the intersection, and upon leaving the intersection by passing to the right of the center line of the roadway then entered; provided, that the provisions of this subsection shall not apply to passenger vehicles actually engaged in loading or unloading passengers at an intersection immediately prior to making a left turn. [Res. 220391-a (04/22/91); prior code § 5.01.1230]

5.04.670 Right-of-way – Vehicle turning left.

The driver of a vehicle intending to turn left into an alley, driveway or other road shall yield the right-of-way to any vehicle approaching from the opposite direction. [Res. 220391-a (04/22/91); prior code § 5.01.1240]

5.04.680 Overtaking and passing.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:

(a) A driver may overtake and pass another vehicle only while traveling on the left side of the road and shall not again drive on the right side of the road until safely clearing the overtaken vehicle;

(b) A driver may overtake and pass another vehicle only when the left side of the road is clearly visible and free of oncoming traffic for a sufficient distance ahead to avoid interfering with the oncoming traffic;

(c) No vehicle shall be driven on the left side of the road when approaching or upon the crest of a grade or a curve in the road where the driver’s view is obstructed;

(d) No driver shall at any time drive on the left side of the road where signs or markings are in place to define a no passing zone; and

(e) A driver shall overtake and pass another vehicle in a safe manner. [Res. 220391-a (04/22/91); prior code § 5.01.1250]

5.04.690 Passing a school bus.

The driver of a vehicle approaching a school bus from either direction shall stop the vehicle before reaching the school bus when the school bus displays a visual signal to stop. The driver of the vehicle shall not proceed until such signal is withdrawn. [Res. 220391-a (04/22/91); prior code § 5.01.1260]

5.04.700 Following too closely.

The driver of a vehicle shall not follow another vehicle more closely than is reasonable for the speed and conditions of travel. [Res. 220391-a (04/22/91); prior code § 5.01.1270]

5.04.710 “U” turns.

The driver of any vehicles shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety, without interfering with other traffic. [Res. 220391-a (04/22/91); prior code § 5.01.1280]

5.04.720 Backing.

The driver of any vehicle shall not back a vehicle unless such movement can be made safely and without interfering with other traffic. [Res. 220391-a (04/22/91); prior code § 5.01.1290]

5.04.730 Traffic signs, signals and markings.

The driver of any vehicle and every bicyclist shall obey the instructions of any official traffic sign, signal or marking placed within the jurisdiction of the Puyallup Tribe of Indians, unless otherwise directed by an Enforcement Officer, flagger, or firefighter. [Res. 220391-a (04/22/91); prior code § 5.01.1300]

5.04.740 Stopping, standing or parking on road.

No person shall stop, park or leave standing any vehicle so as to interfere with traffic on the traveled portion of the road. This prohibition shall not apply to the driver of any vehicle, which is disabled to the extent that it is impossible to avoid temporarily leaving the vehicle in such position. The driver shall arrange for the prompt removal of the vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.1310]

5.04.750 Stopping, standing or parking prohibited in certain places.

No person shall stop, park or leave standing any vehicle, except momentarily to load or unload:

(a) In front of any driveway or within five feet of the curb radius thereto; or

(b) Within 15 feet of a fire hydrant; or

(d) On the side of the street opposite the entrance to a fire station; or

(e) At any place where official signs or markings prohibit stopping, standing or parking. [Res. 220391-a (04/22/91); prior code § 5.01.1320]

5.04.760 Leaving children unattended in vehicle.

No person shall leave children under the age of 10 years unattended in a vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.1330]

5.04.770 Obstructing the driver’s view.

No person shall drive a vehicle when it is so loaded as to obstruct the driver’s view to the front and sides of the vehicle or as to interfere with the driver’s control over the vehicle. [Res. 220391-a (04/22/91); prior code § 5.01.1340]

5.04.780 Alcoholic beverages – Prohibited.

(a) No person shall drink any alcoholic beverage in a motor vehicle when the vehicle is upon a roadway.

(b) No person shall have an open or unsealed receptacle containing an alcoholic beverage in his or her possession while in a motor vehicle when the vehicle is upon a roadway.

(c) No driver of a motor vehicle, which is on a roadway, shall keep an open or unsealed receptacle containing an alcoholic beverage within the vehicle unless the receptacle is kept in the trunk or other area of the vehicle not normally accessible to the occupants. [Res. 220391-a (04/22/91); prior code § 5.01.1350]

5.04.790 Negligent driving.

No person shall operate a vehicle in such a manner as to endanger any person or property. The offense of negligent driving is a lesser-included offense of reckless driving and any person charged with reckless driving may be convicted of the lesser-included offense of negligent driving. [Res. 220391-a (04/22/91); prior code § 5.01.1360]

Subchapter 12. Operation of Bicycles and Play Vehicles

5.04.800 Effect of regulations – Penalty.

(a) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in this subchapter.

(b) These regulations applicable to bicycles apply whenever a bicycle is operated on any highway or any public path or sidewalk, subject to those exceptions stated herein. [Res. 220391-a (04/22/91); prior code § 5.01.1410]

5.04.810 Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except to those provisions which by their nature can have no application. [Res. 220391-a (04/22/91); prior code § 5.01.1420]

5.04.820 Hand signals.

All hand signals required of persons operating bicycles shall be given in the following manner:

(a) Left Turn. Left hand and arm extended horizontally beyond the side of the bicycle;

(b) Right Turn. Left hand and arm extended upward beyond the side of the bicycle, or right hand and arm extended horizontally to the right side of the bicycle;

The hand signals required by this section shall be given before initiation of a turn, stop or decrease in speed. [Res. 220391-a (04/22/91); prior code § 5.01.1430]

5.04.830 Riding on bicycles.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent seat and regular seat attached thereto.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. [Res. 220391-a (04/22/91); prior code § 5.01.1440]

5.04.840 Clinging to vehicles.

No person riding upon any bicycle, coaster, skateboard, roller skates or blades, sled or toy vehicle shall attach the same or cling to any vehicle upon a roadway. [Res. 220391-a (04/22/91); prior code § 5.01.1450]

5.04.850 Riding on roadways and bicycle paths.

(a) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on parts of roadways set aside for the exclusive use of bicycles. [Res. 220391-a (04/22/91); prior code § 5.01.1460]

5.04.860 Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle. [Res. 220391-a (04/22/91); prior code § 5.01.1470]

5.04.870 Lamps and other equipment on bicycles.

(a) Every bicycle when in use during the hours of darkness as defined in PTC 5.04.250 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light from a distance of 500 feet to the rear may be used in addition to the red reflector.

(b) Every bicycle when in use during the hours of darkness as defined under PTC 5.04.250 shall be equipped with reflectors to the front, rear and sides which reflect either a red or white light.

(c) Every bicycle shall be equipped with a brake which will enable the operator to make a braked wheel skid on dry, level, clean pavement. [Res. 220391-a (04/22/91); prior code § 5.01.1480]

Subchapter 13. Accident Reports, Stolen Vehicles

5.04.880 Driver’s duty upon damaging unattended vehicle or other property.

The driver of any vehicle which damages any unattended vehicle or other property on or adjacent to a roadway shall:

(a) Immediately notify the owner of the unattended vehicle or other property giving the driver’s name and address; or

(b) Leave a written notice giving the driver’s name and address in a conspicuous place on the unattended vehicle or other property. [Res. 220391-a (04/22/91); prior code § 5.01.1510]

5.04.890 Driver’s duty in case of injury or death to person.

A driver of any vehicle involved in an accident resulting in the injury or death of any person or damage to any vehicle shall:

(a) Immediately stop such vehicle at the scene of the accident;

(b) Give his or her name, address, vehicle license number and driver’s license number to any occupant or driver involved in the accident; and

(c) Notify Law Enforcement as soon as practicable following the accident. Failure of any person to comply with this chapter shall be a civil traffic infraction; provided, this section shall not apply to any person physically incapable of complying. [Res. 220391-a (04/22/91); prior code § 5.01.1520]

Subchapter 14. Fines and Penalties

5.04.900 Fines.

The following schedule of fines apply to the civil traffic infractions enumerated in this chapter. If a “YES” appears under “MANDATORY APPEARANCE,” the person must appear before the Court for a hearing and cannot pay a fine in lieu of that Court appearance.

STATUTE	INFRACTION	FINE	MANDATORY APPEARANCE
5.04.190	Vehicle safety equipment violation of any provision	$50	NO
5.04.380	Drivers to be licensed	none	YES
5.04.390	Operator’s license on person	$25	NO
5.04.400	Driving while license is suspended or revoked	none	YES
5.04.410	Failure to comply with learner’s permit	$50	NO
5.04.420	Motorcycle endorsement required	$50	NO
5.04.430	Vehicle license required	$50	NO
5.04.440	Failure to yield to emergency vehicle	none	YES
5.04.450	Following fire vehicle	none	YES
5.04.460	Crossing fire hose	$50	NO
5.04.480	Motorcycles – operation on laned roads	$50	NO
5.04.490	Motorcycles – riding on permanent seat	$50	NO
5.04.500	Motorcycles – foot pegs	$50	NO
5.04.510	Motorcycles – both feet on same side	$50	NO
5.04.520	Motorcycles – clinging to other vehicles	$50	NO
5.04.530	Off-road vehicles	$50	NO1
5.04.540	Pedestrians – due care	$50	NO
5.04.550	Pedestrians – remain off road	$50	NO
5.04.555	Public consumption of illegal drugs	$25	NO
5.04.555.A	Public consumption of marijuana	$25	NO
5.04.555.B	Public consumption of alcoholic beverages	$25	NO
5.04.560	Pedestrians – right-of-way	$75	NO
5.04.570	Skateboarding, roller-skates, and rollerblades	$25	NO
5.04.580	Throwing glass or other material on road	$75	NO
5.04.590	Littering	$150	NO
5.04.600	Permitting escape of load or other materials	$50	NO
5.04.610	Interference with signs, signals	$100	NO
5.04.620	Exceeding speed limit		NO
	1 – 5 MPH	$15
	6 – 10 MPH	$25
	11 – 15 MPH	$35
	16 – 20 MPH	$50
	21 MPH and over shall be considered reckless driving under PTC 5.08.140
5.04.630	Due care required	$50	NO
5.04.640	Drive on right side	$50	NO
5.04.650	Turning, stopping, moving right or left: turn signals required	$50	NO
5.04.660	Turning at intersection	$50	NO
5.04.670	Right-of-way – vehicle turning left	$50	NO
5.04.680	Overtaking and passing	$50	NO
5.04.690	Passing school bus	$100	NO
5.04.700	Following too closely	$50	NO
5.04.710	“U” turns	$50	NO
5.04.720	Backing	$50	NO
5.04.730	Traffic signs, signals and markings	$50	NO
5.04.740	Stopping, standing or parking on road	$50	NO
5.04.750	Stopping, standing or parking in certain places	$50	NO
5.04.760	Leaving children unattended in vehicle	none	YES
5.04.770	Obstructing view of driver	$50	NO
5.04.780	Alcoholic beverage prohibitions (motor vehicle)	$25	NO

1 No mandatory appearance for those over 16 years of age. Those 16 years of age and younger must appear with parent.

[Res. 260319A (03/26/19); Res. 220391-a (04/22/91); prior code § 5.01.1610]

5.04.910 Penalties.

It is a traffic infraction for any person to violate any of the provisions of this chapter. Unless another penalty is specified in this chapter (see PTC 5.04.900), every person convicted of a traffic infraction shall be subject to a fine of not more than $500.00. [Res. 220391-a (04/22/91); prior code § 5.01.1620]

Subchapter 15. Miscellaneous

5.04.920 Severability.

If any provision of this chapter or the application of it to any person or circumstance is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, subchapters, sections and subsections herein are declared to be severable. [Res. 220391-a (04/22/91); prior code § 5.01.1710]

5.04.930 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council which are inconsistent with this chapter are hereby repealed. [Res. 220391-a (04/22/91); prior code § 5.01.1720]

5.04.940 Effective date.

The ordinance codified in this chapter shall become effective on the first day of April 1991. [Res. 220391-a (04/22/91); prior code § 5.01.1730]