3.01.040 Off-Road Vehicles

(a) Usage. The operation and operator of an ORV shall be based upon the manufacturer's recommendation.

(b) Who must register. ORVs, regardless of purpose, may be operated on the Saint Regis Mohawk Reservation only if the ORV has been registered with the Saint Regis Mohawk Tribe's Compliance Department as outlined herein or if it has been registered and insured with a recognized sovereign government that the Tribe recognizes.

(1) Every ORV operated on the Saint Regis Mohawk Reservation except as stated in Section 3.01.040(b) shall have affixed to it a valid, unexpired ORV sticker obtained from the Tribe's Compliance Department. The sticker indicates the ORV has been registered with the Tribe.

(2) ORV stickers are effective for an initial period of three (3) years and must be renewed at the end of every three-year period. Each registration shall cost sixty ($60.00) dollars for a three-year period. This fee may be amended from time to time.

(3) Applications for registration shall contain the following:

(A) Applicant's name, age, mailing address and phone number.

(B) Applicant's driver's license number, if applicable.

(D) Proof of insurance including liability insurance.

(E) A statement the applicant will operate the vehicle in a safe and responsible manner and according to Tribal law.

(F) Proof of attending a safety course at a Tribally-approved safety course.

(G) A statement the applicant consents to the jurisdiction of the Saint Regis Mohawk Tribal Court including the Saint Regis Mohawk Tribal Court, Traffic Court Division for controversies arising from or related to the use of the ORV on the Saint Regis Mohawk Reservation.

(H) Applicant's signature.

(I) Sticker/Registration number, which Compliance shall issue.

(J) Name of Applicant's spouse and/or children, but only if they will operate the ORV and only for children who are above the manufacturer's recommended age for operating the ORV.

(K) The Compliance Department shall keep a record of all registration applications and of the stickers it issues.

(L) ORV stickers are not transferable between vehicles or persons.

(M) The Compliance Department has discretion to refuse to issue a sticker if the applicant fails to pay the required fee or has an outstanding fine/judgment payable to the Saint Regis Tribal Court or ineligible to operate the ORV on the Reservation.

(d) Where use is permitted.

(1) ORVs are not to be operated on a state highway including any shoulder except that a state highway may be crossed or an operator may travel up to one thousand (1000') feet on it; or

(2) ORVS can be utilized on private property with the permission of the property owner; or

(3) ORVS can be utilized on Tribal property unless marked otherwise.

(e) Limit on Liability. Operating an ORV is a dangerous activity that may result in personal injury and damage to personal property. Use of an ORV on Tribal property is performed at the user's own personal risk. The SRMT is not obligated to make Tribal property safe or to warn users of potential hazards. The Tribe is not liable for damages to persons or property that are caused by or which arise out of the operation of ORVs on Tribal property.

(f) Enforcement. An operator of an ORV shall stop upon the signal of the SRMT Police or when operating on private property upon the signal of the property owner or occupier.

(g) Equipment and Use.

(1) ORVS shall have brakes, mufflers and spark arrestors; and

(2) Operators and passengers of ORVS shall each wear helmets; and

(3) ORVs shall be operated in a manner that is reasonable and prudent in light of existing conditions; and

(4) No person shall operate an ORV while under the influence of alcohol or drugs.

(h) Violations.

(1) Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division that an operator violated any provision contained herein in this section, he/she shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of five hundred dollars ($500.00).

(2) Any owner or operator who receives three (3) or more infractions within a two-year period for violating any provision contained in this section shall have his/her ORV registration revoked and shall not be eligible to operate any ORV on the Reservation including any permitted roadways, Tribal property or private property for two years from the date of revocation.