3.01.050 Procedure

(a) Authorized Enforcement Agency. The SRMTP is the only entity authorized to stop a motor vehicle or an ORV for a violation of this chapter.

(b) Procedure upon stoppage of any vehicle including an ORV. Any operator of a motor vehicle or ORV stopped for violating this chapter must first be advised of the grounds for which he/she was stopped, and after being so advised the operator of the vehicle will be served a Civil Traffic Summons. The summons shall be in the form prescribed by the Saint Regis Mohawk Tribal Police Commission. The summons must contain at a minimum, sufficient detail to advise the operator of the motor vehicle including an ORV the exact provision of this chapter which was violated, the date of the offense, the location of the offense, and an exact time and date in which the person may appear at the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(d) Hearing upon the filing of a summons. The Saint Regis Mohawk Tribal Court, Traffic Court Division shall be the sole arbiter of each summons and complaint filed or issued under this chapter.

Nothing in this chapter, however, should be construed as preventing an operator of a motor vehicle or ORV, upon whom a summons has been issued, from advising the Saint Regis Mohawk Tribal Court, Traffic Court Division of his/her intent to waive the opportunity to make a presentation to the Traffic Court Judge, and consent to the Traffic Court Judge to set the amount of judgment to be paid by the operator of a motor vehicle or ORV. If an operator fails to appear on the return date in the summons or submit a guilty plea then the Court shall send a reminder notice to the operator of another scheduled appearance to answer the summons. If such operator still fails to contact the Court then the Court shall set a judgment and the operator shall be notified by mail of the imposed fine.