Red Lake Police to start enforcing Resolution No. 71-15 in its entirity

Resolution No. 71-15

WHEREAS, the Red Lake Tribal Council is the governing body of the Red Lake Band of Chippewa Indians; and

WHEREAS, the Tribal Council adopted the Tribal Code by Resolution 297-88; and

WHEREAS, the Tribal Council of the Red Lake Band of Chippewa Indians has been amended or added to; and

WHEREAS, the Tribal Code Committee has reviewed the request of law enforcement to revise the authority to stop motorists on Red Lake roads to enforce seat belt usage and passenger restraints without the requirement of another traffic violation; and

WHEREAS, it is imperative that the Tribe protect all passengers on the roadways of the Reservation; and

WHEREAS, law enforcement sees inconsistent usage of seat belts and passenger restraints; and

WHEREAS, the Tribal Code Committee recommends that Section 600.39, Subd. 2 be stricken, and now

THEREFORE BE IT RESOLVED, that the Red Lake Band of Chippewa Indians hereby removes Section 600.;39, Subdivision 2, in its entirety; and

THEREFORE BE IT FURTHER RESOLVED, that the Tribal Code Section 600.;39 resulting subdivisions are hereby renumbered; and

600.39 Seat Belts and Passenger Restraint Systems for Children

Subdivision 1. Requirement. All drivers of vehicles operating on the Red Lake Reservation roads and passengers riding therein shall be required to be properly fastened in seatbelts while the vehicle is in motion. The driver is responsible for the proper fastening of the minor's seatbelt.

Subdivision 2. Exemptions. This section shall not apply to:

A. a person who is in possession of a written certificate from a licensed physician verifying that because of medical unfitness or physical disability that the person is unable to wear a seatbelt;

B. a person riding in a seat in which all the seating positions equipped with safety belts are occupied by other persons;

C. a person driving or riding in a vehicle manufactured before January 1, 1965; ot

D. a person who is hunting or in a parade in which does not drive or travel in that vehicle at a spoeed exceeding 25 miles per hour;

E. passenger on a school bus. This exception does apply to the driver of the school bus.

Subdivision 3. Child Safety Seat. Children younger than four years of age are required to be in a child safety seat that meets Federal Motor Vehicle Safety Standards. The driver is responsible for the proper installation and use of a child safety seat.

Subdivision 4. Authority to Stop Vehicle with Children. Any vehicle may be stopped in which it appears that children under the age of four are not properly restrained in a Child Safety Seat.

Subdivision 5. Penalty. Violation of this section is a petty misdemeanor which shall include a fine up to $25 or completion of educational program.

Subdivision 6. Enactment. This Section shall take full force and effect on July 1, 2009.

FOR: 9

AGAINST: 0

We do certify that the foregoing resolution was duly presented and enacted upon at the Regular Meeting of the Tribal Council held on Tuesday, April 14, 2015 with a quorum present, at the Red Lake Nation Headquarters, Red Lake.

DARRELL G. SEKI SR., CHAIRMAN

DON R. COOK SR., SECRETARY