Title VEH Vehicles

Chapter VEH.3 Vehicle Licensing and Registration Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter VEH.3.1 Motor Vehicle Registration Ordinance

VEH.3.1.010 Title

This ordinance shall be referred to as the LCO Motor Vehicle Registration Ordinance.

VEH.3.1.020 Authority

LCO possesses the inherent sovereign authority to regulate its territory, and Article V, Section 1(s) of the LCO constitution empowers the tribal governing board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers."

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians has the power and authority to license and register motor vehicles pursuant to its sovereign jurisdiction status and a reciprocal registration exemption agreement that has been entered into between the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the State of Wisconsin with parallel laws and statutes for cross administration and enforcement purposes.

VEH.3.1.030 Purpose and Policy

The purpose of this law is to create a system for enrolled Lac Courte Oreilles members to register their motor vehicles exclusively with the Lac Courte Oreilles Reservation, for the issuance of Lac Courte Oreilles license plates to qualified applicants, and for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to regulate the public roads within its sovereign jurisdiction. It is the policy of this law to clarify jurisdictional sovereignty and to generate revenue for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

VEH.3.1.040 Jurisdiction

Consistent with Chapter 103 of the LCO Tribal Court Code of 2004, the LCO tribal court shall have jurisdiction over cases arising under this ordinance limited solely by the constitution and federal law.

VEH.3.1.050 Construction

This ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

VEH.3.1.060 Severability

If any provision of this ordinance, or the application thereof to any person, legal entity or circumstance, is held invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this ordinance.

VEH.3.1.070 Repealer

This ordinance supersedes all prior animal control laws, codes, ordinances or regulations of LCO.

VEH.3.1.080 Definitions

Any term not defined in this section shall be given its ordinary meaning, and the below terms shall have the following meanings, except where the context indicates otherwise:

(a) "Automobile" means any of the following:

(1) A motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a motor bus, motorcycle, or moped.

(2) A motor vehicle capable of speeds in excess of 30 miles per hour on a dry, level, hard surface with no wind, designed and built to have at least three (3) wheels in contact with the ground, a power source as an integral part of the vehicle, a curb weight of at least 1,600 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top which may be convertible.

(b) "Department" means the Licensing Department, or any other department of the Lac Courte Oreilles Tribe, with the authority to implement, administer and enforce this law.

(c) "Gross weight" means the weight of the vehicle equipped for service plus the weight which the vehicle is carrying as load.

(d) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.

(e) "Identification number" means the numbers, letters or combination of numbers and letters assigned by the manufacturer of a vehicle or vehicle part or by the department and stamped upon or affixed to a vehicle or vehicle part for the purpose of identification.

(f) "Junked" means dismantled for parts or scrapped.

(g) "Lac Courte Oreilles" means Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

(h) "Lac Courte Oreilles Tribal member" means a member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians who is on the Lac Courte Oreilles enrollment list and has a Lac Courte Oreilles enrollment number.

(i) "Moped" means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:

(1) A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

(2) A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

(j) "Motorcycle" means a motor vehicle, excluding a tractor or an all-terrain vehicle, which is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and which meets the conditions under par. (a) or (b):

(1) Type 1 is a motor vehicle which meets either of the following conditions:

(A) Is designed and built with two (2) wheels in tandem and a seat for the operator, and may be modified to have no more than three (3) wheels by attaching a sidecar to one of the side the wheels in tandem without changing the location of the power source.

(B) Is designed and built to have no more than three (3) wheels, seating for the operator and no more than three (3) passengers, and does not have the operator area enclosed.

(2) Type 2 is a motor vehicle designed and built to have at least three (3) wheels in contact with the ground, a curb weight of less than 1,500 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top which may be convertible.

(k) "Motor home" means motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

(l) "Nonresident" means a person not a resident of the Reservation.

(m) "Other jurisdiction" or "another jurisdiction" means territory other than the Lac Courte Oreilles Reservation, including the State of Wisconsin and any State other than Wisconsin.

(n) "Owner" means a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of this law.

(o) "Personal identifier" means a name, street address, post office box number or 9digit extended zip code.

(p) "Person with a disability that limits or impairs the ability to walk" means any person with a disability as defined by the federal Americans with Disabilities Act of 1990, 42 USC 12101 et. seq., so far as applicable, or any persons who meet the following conditions:

(1) Cannot walk 200 feet or more without stopping to rest.

(2) Cannot walk without the use of, or assistance from, another person or

brace, cane, crutch, prosthetic device, wheelchair or other assistive device.

(3) Is restricted by lung disease.

(4) Uses portable oxygen.

(5) Has cardiac condition to the extent that functional limitations are present.

(6) Is severely limited in the ability to walk due to an arthritic neurological or

orthopedic condition.

(7) Has a degree of disability equal to that specified in pars. (1) to (6).

(q) "Reservation" means the Reservation of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and includes all lands within the exterior boundaries and any other lands owned by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(r) "Special interest vehicle" means a motor vehicle of any age which has not been altered or modified from original manufacturing specifications and, because of its historic interest, is being preserved by hobbyists.

(s) "Truck" means every motor vehicle 10,000 pounds or under designed, used or maintained primarily for the transportation of property.

(t) "Vehicle" means every device in, upon or which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile shall not be considered a vehicle except for purposes made specifically applicable by this law.

Subchapter VEH.3.2 Registration Periods

VEH.3.2.010 Regular Automobiles

(a) All automobiles customarily owned by Lac Courte Oreilles tribal members shall be registered with the department.

(b) The annual fee for each automobile registered in this jurisdiction and under this section shall be $75.00 for two plates.

VEH.3.2.020 Registration Periods for Private Automobiles

(a) All automobiles shall be registered by the department according to a monthly series system of registrations.

(b) There are established 12 registration periods, each to be designated by a calendar month and to start on the first day of such month and end on the last day of the twelfth month from the date of commencing. The department shall so administer the monthly series system of registration so as to distribute the work of registering automobiles as uniformly as practicable throughout the calendar year.

(c) All automobiles subject to registration under monthly series systems shall be registered by the department for a period of twelve consecutive calendar months except as follows:

(1) If the applicant holds current registration plates which were removed from an automobile which the applicant no longer owns or which has been junked, is no longer used on the highways or has been registered as a special interest vehicle or a reconstructed, replica, street modified or homemade vehicle and the plates were issued under the monthly series system, the department shall register the automobile which is the subject of the application for the remainder of the unexpired registration period.

(2) If the applicant does not hold current registration plates under the circumstances described in par. (a) and the application is an original rather than renewal application, the department may register the automobile which is subject to the application for such period or part thereof as the department determines will help to equalize the registration and renewal work load of the department.

(d) All registration fees, applicable fines, penalties, forfeitures and assessments shall be paid to and retained by the department, for the operation of such department.

(e) The department shall be responsible for the administration of this ordinance and delegated authority to draft policies to allow for the full implementation of this law.

(f) All applications and registrations shall be retained by the department for one year after the application has been submitted or registration filed, thereafter all applications and registrations shall be retained by Lac Courte Oreilles for seven years.

VEH.3.2.030 Special Registration Period for Vehicles Other than Private Automobiles

(a) The department shall require that any vehicle other than private automobiles, be registered according to the monthly series system of registration prescribed by this section.

(b) There are established 12 registration periods, each to be designed by a calendar month and to start on the first day of such month and end on the last day of the 12th month from the date of commencing. The department shall so administer the monthly series system of registration as to distribute the work of registration throughout the calendar year.

(c) All vehicles subject to registration under the monthly series system under this section shall be registered by the department for a period of 12 consecutive calendar months except as follows:

(1) If the applicant holds registration plates which were removed from a vehicle under section 22 and the plates were issued under the monthly series system, the department shall register a replacement vehicle of the same type and gross weight which is the subject of the application for the remainder of the unexpired registration period.

(2) If the applicant does not hold current registration plates under the circumstances described in par. (1) and the application is an original rather than renewal application, the department may register the vehicle which is the subject of the application for such period or part of a period as the department determines will help to equalize the registration and renewal workload of the department.

(d) Section VEH.3.11.010 applies to any vehicles registered according to the monthly series system under this section.

VEH.3.2.040 Biennial Registration

The following vehicles shall be registered on a biennial basis:

(a) A motorcycle or moped, as specified in Section VEH.3.7.040. The registration period for a motorcycle or moped begins on May 1 of an even-numbered year and ends on April 30 of the next even numbered year.

VEH.3.2.050 Vehicles Exempt from Registration

A vehicle even though operated on a highway of the Reservation, is exempt from registration when such vehicle is:

(a) Operated in accordance with the provisions exempting nonresident or foreign registered vehicles from registration, or

(b) A farm tractor used exclusively in agricultural operations, including threshing, or used exclusively to provide power to drive other machinery, or to transport from job to job machinery driven by such tractor; or

(c) A trailer or semi-trailer used exclusively for the transportation of farm machinery, implements, produce or supplies on a farm or between farms; or

(d) A fork-lift truck, a specially constructed road or truck tractor used for shunting trailers or semi-trailer used exclusively for the transportation of farm machinery, implements, produce or supplies on a farm or between farms; or

(e) A trailer or camping trailer having a gross weight of 3,000 pounds or less and not used for hire or rental; or

(f) A trailer not operated in conjunction with a motor vehicle; or

(g) A new motor vehicle being operated only across a highway from point of manufacture or assembly; or

(h) A piece of road machinery.

Subchapter VEH.3.3 Application for Registration

VEH.3.3.010 Applications in General

(a) Application for original registration and for renewal of registration shall be made to the department upon forms prescribed by it and shall be accompanied by the required fee.

(b) The forms for application for original registration and for renewal of registration shall be provided by the department and shall include a place for an applicant or registrant under this chapter to designate that the applicant's or registrant's name, street address, post-office box number and 9-digit extended zip code may not be disclosed, a statement indicating the effect of making such a designation and a place for an applicant or registrant who made a designation under this subsection to reverse the designation.

VEH.3.3.020 Original Applications

(a) Applications for original registration of a vehicle shall contain the following information:

(1) The name of the owner.

(2) A description of the vehicle, including make, model, identification number and any other information which the department may reasonably require for proper identification of the vehicle.

(3) Such further information as the department may reasonably require to enable it to determine whether the vehicle is by law entitled to registration or to enable it to determine the proper registration fee for the vehicle.

(b) The department may accept an application and complete registration of a vehicle when the evidence of ownership is held by a nonresident lien holder or for other reasons not immediately available if the department is satisfied as to ownership of the vehicle. The title fee shall be collected at the time of registration and retained even though certificate of title is not issued.

VEH.3.3.030 Applicants Under 18

If the applicant for a certificate of registration is under 18 years of age, the application shall be accompanied by a statement made and signed by either of the applicant's parents, if such parent has custody of the minor; or if neither parent has custody, then by the person having custody, stating that the applicant has the signer's consent to register the vehicle in the applicant's name. The signature on the statement shall not impute any liability for the negligence of misconduct of the applicant while operating such motor vehicle on the highways. Any person who violates this section may be required to forfeit not more than $200.

VEH.3.3.040 Renewal Applications

(a) Applications for renewal of registration shall contain the information required in Section VEH.3.3.010(a) for original applications, or such parts thereof as the department deems necessary to assure the proper registration of the vehicle. The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the vehicle only when the true ownership or proper registration of the vehicle is in doubt and cannot be resolved from records maintained by the department.

(b) At least 30 days prior to the expiration of a vehicle's registration, the department shall mail to the last-known address of the registrant a notice of the date upon which the registration must be renewed and an application form for renewal of registration.

(1) The application form or an accompanying document shall include a list of any unpaid citations for nonmoving traffic violations, or any violations of administrative rules of the department, or parking violations, entered against the registrant which remains unpaid.

(2) If there is a citation for any nonmoving traffic violation entered against the registrant which is unpaid, he or she shall be notified that the vehicle may not be registered until the citation is paid or the registrant appears in court to respond to the citation.

VEH.3.3.050 Grounds for Refusing Registration

The department shall refuse registration of a vehicle under any of the following circumstances:

(a) The vehicle owner applying for registration is not a Lac Courte Oreilles member, does not reside on the Reservation and/or the vehicle is not customarily kept on the Reservation.

(b) The required vehicle registration fee imposed by the department for a vehicle customarily kept on the Reservation and owned by an enrolled Lac Courte Oreilles Tribal member, has not been paid for the specific vehicle, and the department may refuse registration of a vehicle if such fees for the current period or for any previous period for which payment of a registration fee is required by law have not been paid on any other vehicles owned or leased by the applicant for registration.

(1) Unless exempted by rule of the document, the mileage disclosure from the most recent titled owner and of all subsequent non-titled owners of the vehicle.

(2) Other information or documents required by law or by the department pursuant to authority of law.

(3) Proof of Lac Courte Oreilles membership by enrollment card or number.

(d) Where the applicant does not hold a valid certificate of title and is not entitled to the issuance of a certificate of title.

(e) The applicant's registration has been suspended or revoked and such suspension or revocation still is in effect.

(f) The vehicle is exempt from registration and voluntary registration of the vehicle is not expressly authorized.

Subchapter VEH.3.4 Registration Plates

VEH.3.4.010 Design, Procurement and Issuance of Registration Plates

(a) The department upon registering a vehicle pursuant to Section VEH.3.2.010 and Section VEH.3.11.010 shall issue to the applicant two (2) registration plates for an automobile, truck, motor home, and one plate for other vehicles. The department upon registering a vehicle pursuant to any other section shall issue one plate unless the department determines that two (2) plates will better serve the interests of law enforcement.

(b) All registration plates shall have displayed upon them the following:

(1) The registration number assigned to the vehicle or owner. The registration number shall be composed of numbers or letters or both.

(2) The name "Lac Courte Oreilles"

(3) An indication of the period for which the specific plate is issued or the date of expiration of registration.

(c) In lieu of issuing a new plate upon each renewal of registration of a vehicle, the department may issue one insert tag, decal or other identification per vehicle to indicate the period of registration. The tag, decal or other identification shall be provided by the department and used only if the outstanding plate is in suitable condition for further usage.

VEH.3.4.020 Application for and Issuance of Special Plates

The department shall issue special plates as specified in this section under the following circumstances:

(a) Disabled Lac Courte Oreilles Residents. If any Lac Courte Oreilles Tribal member, who is a resident of the Reservation and who is registering or has registered an automobile or truck or a motor home, submits a statement once every four (4) years, from a physician licensed to practice medicine in any state, or from a chiropractor licensed to practice chiropractic in any state, that the resident is a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the disabled person plates of a special design in lieu of plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprize law enforcement officers of the fact that the vehicle is owned by a nonveteran disabled person and is entitled to parking privileges specified in other laws. No charge in addition to the registration fee shall be made for the issuance or renewal of such plates.

(b) Disabled Lac Courte Oreilles Veterans. If any resident of the Reservation who is registering or has registered an automobile, truck, or a motor home submits a statement once every four (4) years, from the Lac Courte Oreilles Department of Veterans Affairs certifying to the department that the resident is, by reason of injuries sustained while in the active U.S. military service, a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the veteran, plates of a special design in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprize law enforcement officers of the fact that the vehicle is owned by a disabled veteran and is entitled to parking privileges specified in other laws. No charge in addition to the registration fee shall be made for the issuance or renewal of such plates.

(c) Lac Courte Oreilles Veteran/Congressional Medal of Honor. Upon application by any person awarded the congressional medal of honor and submission of proper proof thereof, the department shall issue special plates so designed as to indicate such award. No charge shall be made for the issuance of such plates which have a non-expiring registration period.

(d) Prisoner of War.

(1) Upon application to register an automobile or truck by any Lac Courte Oreilles Tribal member residing on the Reservation who was a member of any of the U.S. armed services and who was held as a prisoner of war during any of the conflicts described as World War II, Vietnam, Persian Gulf, Operation Desert (Shield) Storm, or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis, and upon submission of a statement from the Lac Courte Oreilles Department of Veterans Affairs certifying that the person was a prisoner of war during one of the conflicts described, the department shall issue to the person a special plate which is colored (to be determined by the department) and which has the words "ex-prisoner of war" placed on the plate in the manner designated by the department.

(2) A person who maintains no more than one registration under this subsection at one time shall not be charged a fee for registration of the vehicle or issuance of plates.

(3) For each additional vehicle, a person who maintains more than one registration under this subsection at one time shall be charged a fee of $15.00 for issuance of the plates in addition to the annual registration fee for the vehicle.

(4) If a registration plate has been issued to a person under par (1), upon application by the surviving spouse of the person, the department may permit the surviving spouse to retain the plate. If the plate has been returned to the department or surrendered to another state, the department may reissue the plate to the surviving spouse. The department shall charge an additional fee of $15.00 to reissue the plate.

(5) The department shall charge a fee of $15.00 for re-issuance of any plate under par. (4).

(e) Veterans Plates. The department shall issue special veterans/military plates under this subsection for the following authorized special groups.

(1) World War II veterans, Korean War veterans, Vietnam War veterans, Persian Gulf War veterans, Air force Retired, Air force Veteran, Army Retired, Army Veteran, U.S. Coast Guard, Marine Corps Retired, Marine Corps Veteran, Navy Retired, Navy Veteran, Purple Heart, Medal of Honor

(2) The annual registration fee shall be $40.00. There shall be an additional fee of $10.00 for the issuance of the initial registration of Special Veteran/Military plates. $40.00 plus $10.00 for the first plate. Renewal fees for these plates shall be $40.00.

(3) If an individual in possession of special plates or of personalized plates under this section does not maintain membership in the applicable authorized special groups during the year which is not a plate issuance year the individual shall:

(A) Dispose of the special plates in a manner prescribed by the department;

(B) In addition to the regular application fee, pay a $4 fee for the issuance of replacement plates; and

VEH.3.4.030 Personalized License Plates

In this section, "personalized registration plates" means either of the following:

(a) A registration plate for a motor vehicle registered under this ordinance which displays a registration composed of letters or numbers, or both, requested by the applicant. Personalized registration plates under this paragraph shall be of the same color and design as regular registration plates and shall consist of numbers or letters, or both, not exceeding 5 positions and not less than one position for a plate issued for a motorcycle or not exceeding 7 positions and not less than 1 position for all other plates.

(b) A registration plate of the same color and design as provided in Section VEH.3.4.020 for a vehicle specified under Section VEH.3.4.020 which displays the applicable symbol of the authorized special group to which the person belongs and a registration number composed of letters or numbers, or both, not exceeding 6 positions and not less than 1 position, requested by the applicant.

(1) The request and alternate thereto is received by the department in writing by mail by the 15th day of the month in which the vehicle is to be registered;

(d) The request is accompanied by the proper fee, an application for original or renewal vehicle registration and the proper registration fee;

(1) The requested combination of numbers or letters has not already been issued.

(e) In addition to the regular application fee provided for in this ordinance, the applicant for a personalized registration plate issued on an annual basis shall pay a fee of $15 for the issuance of the plate and $15 in each succeeding year to maintain the plate.

(f) Each personalized registration plate issued shall be reserved for the recipient in succeeding registration periods and shall not be duplicated for issuance to any other person if the recipient maintains the plate, unless the recipient authorizes the issuance of the plate to another person. If the recipient does not maintain the plate for two successive years which are not plate issuance years or if the recipient does not specifically request re-issuance of the personalized license plate by the end of the month in which the plate expires in a plate issuance year, the department may reissue the personalized registration plate to another applicant.

(g) If an individual in possession of a personalized registration plate does not maintain the personalized registration plate during a year which is not plate issuance year, the individual shall:

(1) Dispose of the personalized plate in a manner prescribed by the department;

(2) In addition to the regular application fee, pay a $4 fee for the issuance of replacements plates; and

(3) Return the certificate of title to the department for correction.

(h) The department may refuse to issue any combination of letters or numbers, or both, which carry connotations offensive to Lac Courte Oreilles heritage or traditions, to good taste or decency, or which would be misleading or in conflict with the issuance of any other registration plates. All decisions of the department with respect to personalized registration plate applications shall be final and not subject to judicial review.

(i) The department may cancel and order the return of any personalized registration plates issued which contain any combination of letters or numbers, or both, which the department determines may carry connotations that are offensive to the Lac Courte Oreilles heritage or traditions, good taste and decency or which may be misleading. Any person ordered to return such plate shall either be reimbursed for any additional fees they paid for the plates for the registration year in which they are recalled, or be given at no additional cost replacement personalized registration plates, the issuance of which is in compliance with this ordinance. A person who fails to return personalized registration plates upon request of the department may be required forfeit not more than $200.

Subchapter VEH.3.5 Display of Registration Plates

VEH.3.5.010 Placement of Plates or Decals on Vehicles

(a) Whenever two (2) registration plates are licensed for a vehicle, one (1) plate shall be attached to the front and one (1) to the rear of the vehicle. Whenever only one (1) registration plate is issued for a vehicle, the plate shall be attached to the rear.

(b) Any registration decal or tag issued by the department shall be placed on the rear registration plate of the vehicle in the manner directed by the department.

(c) Registration plates shall be attached firmly and rigidly in a horizontal position and conspicuous place. The plates shall at all times be maintained in a legible condition and shall be so displayed that they can be readily and distinctly read. Any peace officer may require the operator of any vehicle on which plates are not properly displayed to display such plates as required by this section.

(d) Any of the following may be required to forfeit not more than $200:

(1) A person who operates a vehicle for which a current registration plate or insert tag has been issued without such plate or tag being attached to the vehicle.

(2) A person who operates a vehicle with a registration plate attached in a nonrigid or non-horizontal manner or in an inconspicuous place so as to make it difficult to see and read the plate;

(3) A person who operates a vehicle with the registration plate in an illegible condition due to the accumulation of dirt or other foreign matter.

Subchapter VEH.3.6 Issuance of Replacement Plates

VEH.3.6.010 Lost or Destroyed Plates

(a) Whenever a current registration plate is lost or destroyed, the owner of the vehicle to which the plate was attached shall immediately apply to the department for replacement. Except as further provided in this section, upon satisfactory proof of the loss or destruction of each plate and upon payment of a fee of $4.00 for each plate, the department shall issue a replacement.

(b) Upon satisfactory proof of the loss or destruction of a specialized plate or a personalized plate issued under Section VEH.3.4.030, and upon payment of a fee of $4.00 for each plate, the department shall issue a replacement.

VEH.3.6.020 Illegible Plates

Whenever a current registration plate becomes illegible, the owner of the vehicle to which the plate is attached shall apply to the department for a replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of a fee of $2 for each plate, the department shall issue a replacement. Upon receipt of a replacement plate, the applicant shall return the illegible plate to the department for recycling.

VEH.3.6.030 Replacement Plates

When issuing a replacement plate, the department may assign a new number and issue a new plate rather than a duplicate of the original if in its judgment that is in the best interests of economy or prevention of fraud. Upon receipt of a replacement plate, the applicant shall return the illegible plate to the department for recycling. Any person issued replacement plates who fail to return the original plates to the department as required by this section may be required to forfeit not more than $200.

Subchapter VEH.3.7 Department to Compile Registration Lists

VEH.3.7.010 Maintaining Lists

(a) At intervals selected by the department, the department shall compile a list of registrations made during that interval pursuant to the monthly series system of registering automobiles. The list shall give the name and address of each registrant, the registration number assigned, and other identifying information as the department deems necessary.

(b) The department shall compile a list of new automobile and motor truck registrations. Registrations for other new vehicles may be included if deemed necessary by the department. Such lists shall be compiled at such intervals during the month as is deemed necessary by the department but the final list compiled each month shall include the listing of the last day of the month. Such list shall contain only those vehicles being registered for the first time after sale by a dealer. Such list shall contain the name and address of the owner, the make, body type, identification number of the vehicle, and the date of sale.

VEH.3.7.020 Access to Lists

(a) Upon request, the department shall distribute free of charge registration lists compiled under this section as follows:

(1) To the Lac Courte Oreilles Law Enforcement Department, one copy of each automobile registration list under Section VEH.3.7.010.

(2) To any other public officer or agency that provides in writing reasonable requests for the lists, one copy of each automobile registration list under Section VEH.3.7.010.

(b) Except as provided in Section VEH.3.7.030 public officers and agencies receiving free copies of registration lists under par. (a) shall keep such lists current and open to public inspection.

VEH.3.7.030 Limitations on Disclosure

(a) In providing copies under this section of any written information collected or prepared under this law which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation that his or her personal identifiers may not be disclosed as provided in this section.

(b) Paragraph (a) does not apply to any of the following:

(1) A person receiving a registration list under Section VEH.3.7.020(a) and Section VEH.3.7.020(b) to perform a legally authorized function.

(2) A law enforcement agency

(3) An insurer authorized to write property and casualty insurance in the State of Wisconsin or an agent of the insurer, if the insurer or agent uses the personal identifier designated for non-disclosure under Section VEH.3.2.050(b) for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.

(4) A person obtaining registration or title information for use in the conduct of a vehicle recall by the manufacturer of the vehicle or an agent of the manufacturer, if the person uses the personal identifiers designated for nondisclosure under Section VEH.3.2.050(b).

(c) Any person who has received under par. (b) a personal identifier of any person who has made a designation under Section VEH.3.2.050(b) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under par. (b).

(1) Any person who willfully discloses a personal identifier in violation of this section may be subject to a fine of not more than $500 for each violation.

(2) Any person who willfully requests or obtains a personal identifier from the department under this subsection under false pretenses may be required to forfeit not more than $500 for each violation.

VEH.3.7.040 Biennial Motorcycle Fees

(a) For each motorcycle or moped with a curb weight of 1,499 pounds or less, which is designed for the transportation of persons rather than property, a biennial fee of $23.00.

(1) Registration plates under this section expire on April 30 of even numbered years.

(2) One license plate is sent by the department of each cycle registered.

VEH.3.7.050 Calculation of Registration Fees Relating to Gross Weight: Trucks

(a) Unless otherwise noted, for each truck under this section, a yearly registration fee is to be determined on the basis of the maximum gross weight of the vehicle. Each vehicle registered will receive one license plate. Maximum gross weight shall be determined by adding together the weight in pounds of the vehicle when equipped to carry a load as a motor truck and the maximum load in pounds which the applicant proposes to carry on the vehicle when used as a motor truck.

(b) The following schedule shall be used in determining fees based on gross weight, provided that a surcharge of $18 shall be added to and collected with the fee for each truck.

Maximum gross weight in pounds	Annual Fee
Not more than 4,500	$ 75
Not more than 6,000	$ 84
Not more than 8,000	$ 106
Not more than 10,000	$ 155
In excess of 10,000	Vary by vehicle weight

VEH.3.7.060 Motor Homes

(a) Unless otherwise noted, for each mobile home under this section, a yearly registration fee is to be determined on the basis of the gross weight of the mobile home. Each mobile home registered will receive one license plate.

(b) The following schedule shall be used in determining fees based on gross weight, provided that a surcharge of $20 shall be added to and collected with the fee for each mobile home.

Gross weight in pounds:	Annual Fee:
Not more than 5,000	$ 48.50
Not more than 8,000	$ 55
Not more than 12,000	$ 67.50
Not more than 16,000	$ 80.50
Not more than 20,000	$ 93.50
Not more than 26,000	$ 106.50
More than 26,000	$ 119.50

(c) Upon payment of the fee prescribed by law, a vehicle subject to registration on the basis of gross weight may be registered at a weight in excess of the manufacturer's maximum gross weight rating, but such registration does not exempt such vehicle from compliance with weight limitations imposed by law or by state, local or tribal authorities pursuant to authority of law.

Subchapter VEH.3.8 Special Registration Fees for Certain Vehicles

VEH.3.8.010 Lac Courte Oreilles Government Vehicles

(a) A fee of $5 shall be paid to the department for the original issuance of a non-expiring registration plate for any vehicle owned by the Lac Courte Oreilles and operated exclusively in service of the public.

(b) A fee of $5 shall be paid to the department for the original issuance of a non-expiring registration plate for vehicles used by the Lac Courte Oreilles Law Enforcement Department exclusively in the performance of their duties.

Subchapter VEH.3.9 Antique Motor Vehicles; Registration, Plates, Use

VEH.3.9.010 Antique Motor Vehicles

(a) Any person who is a resident of the Reservation and the owner or subsequent transferee of a motor vehicle which has a model year of 1945 or earlier and which has not been altered or modified from the original manufacturer's specifications may upon, application register the same as an antique vehicle upon payment of a fee of $5, and be furnished non-expiring registration plates of a distinctive design, in lieu of the usual registration plates, which shall show in addition to the registration number that the vehicle is an antique. The registration shall be valid while the vehicle is owned by the applicant without payment of any additional fee. The vehicle shall only be used for special occasions such as display and parade purposes or for necessary testing, maintenance and storage purposes.

(b) Any person who registers an antique motor vehicle under par. (a) may furnish and display on the vehicle a historical plate from or representing the model year of the vehicle if the registration and plates issued by the department are simultaneously carried in the vehicle and are available for inspection.

(c) Unless inconsistent with this section, the provisions applicable to other motor vehicles apply to antique motor vehicles.

Subchapter VEH.3.10 Special Interest Vehicles: Registration, Plates, Use

VEH.3.10.010 Special Interest Vehicle/Collectors Special Vehicle

(a) Any person who is the owner of a special interest vehicle which is 20 or more years old at the time of making application for registration or transfer of title of the vehicle and who, has registered in Lac Courte Oreilles and uses for regular transportation at least one vehicle that has regular registration plates may upon application register the vehicle as a special interest vehicle upon payment of a fee under par. (b).

(b) The fee to register a collector vehicle under par. (a) is a one time fee of $50.00 plus twice the regular annual fee for the vehicle type. The registration period is non expiring.

(c) Collector special plates are available to LCO tribal members with a valid collector vehicle and are available for autos, motor homes, motor trucks up through 8,000 pounds and 12,000 pound farm trucks. The fee to register a collector special vehicle is subject to the annual registration fee dependent on the vehicle type plus $15 dollars when new plates are issued.

(d) The department shall furnish the owner of the vehicle with registrations plates of a distinctive design in lieu of the usual registration plates, and those shall show that the vehicle is a special interest vehicle owned by a collector.

(e) Each collector applying for special interest vehicle registration plates will be issued a collector's identification number which will appear on each plate. Second and all subsequent registrations under this section by the same collector will bear the same collector's identification number followed by a suffix letter for vehicle identification.

(f) The vehicle may be used as are other vehicles of the same type except:

(1) Motor vehicles may not transport passengers for hire.

(2) Trucks may not haul material weighing more than 500 pounds.

(3) No special interest vehicle may be operated upon any highway within the Reservation during the month of January unless the owner of the vehicle reregisters the vehicle with regular registration plates or transfers regular registration plates to the vehicle.

(g) Unless inconsistent with this section, the provisions applicable to other vehicles shall apply to special interest vehicles.

Subchapter VEH.3.11 Part-Year Fees for Private Automobiles

VEH.3.11.010 Calculation of Partial Fees

(a) The applicant for registration of an automobile under the monthly series system shall pay in full the annual registration fee prescribed by law, except as otherwise provided in this section.

(b) If the applicant for registration holds current registration plates which were removed from an automobile which the applicant no longer owns or which has been junked, is no longer being used on the highways or has been registered as a special interest vehicle the applicant is exempt from the payment of a registration fee, except in the following cases:

(1) If the annual fee prescribed for the automobile being registered is higher than the annual fee prescribed for the automobile from which the plates were removed, the applicant shall pay a fee computed on the basis of one-twelfth of the difference between the two annual fees multiplied by the number of months for which the automobile which is the subject of the application is being registered. The start of the new registration, for the purpose of computing the fee, shall be determined in accordance with par. (c).

(c) For the purpose of computing the registration fee payable upon registration of an automobile under circumstances described in par. (a) & (b), the beginning of the current registration period shall be determined as follows:

(1) If the first operation of an automobile under circumstances making the owner liable for its registration by the Department occurs on or before the 15th day of a given month, the registration period commences on the first day of such month. If the first operation occurs on or after the 16th day of a given month, the registration period commences on the first day of the following month. "First operation" means operation of an automobile for the first time after it was transferred to the applicant or after it was registered in another jurisdiction or after the expiration of 12 months of non-operation since expiration of the last registration by the Department or after it was no longer used on the highways.

(2) In the case of an automobile which has not previously been registered or which has not been registered by the Department by the present owner since the last owner last acquired ownership of the automobile, the Department shall assume that the date of first operation within the meaning of sub. (1) is the date of the bill of sale evidencing the transfer of ownership to the applicant unless the applicant files with the department a statement that the automobile was not so operated until a later date, specifying the date of such first operation. In the case of at least 12 months of non-operation of an automobile previously registered by the applicant, the applicant must file with the department a statement that he or she did not operate or consent to the operation of the automobile under circumstances making it subject to registration in this state during such 12-month period and must specify the date following such period when the automobile was first so operated. The department may refuse to accept a statement which projects the date of first operation into the future.

VEH.3.11.020 When Part-Period Fees Payable for Vehicles Other than Automobiles;

Computation of Part-Period Fees

The annual registration fee shall be paid in full on all vehicles registered pursuant to Section VEH.3.2.030, unless the vehicles come within one of the following categories, in which event the applicant is liable for the payment of only a part-period fee to be computed in accordance with Section VEH.3.11.020(e):

(a) The vehicle has not previously been registered within this Reservation; or

(b) The vehicle previously was registered within this Reservation; but

(1) The vehicle in the meantime has been registered in another jurisdiction and such foreign registration was in effect during or subsequent to the expiration of the previous registration in this state; or

(2) The vehicle was transferred to the applicant after the expiration of the last registration in this state; or

(3) At least 12 months have elapsed since the end of the period for which the vehicle previously was registered and the applicant files with the department a statement that did not, during such 12-month period, operate or consent to the operation of the vehicle under circumstances making the vehicle subject to registration in this state; or

(4) The vehicle is a motorcycle which has been transferred to the applicant and for which current registration plates had been issued to the previous owner; or

(5) The vehicle which has been transferred to the applicant is a motor home or a truck; or

(6) The vehicle is subject to the provisions of sub. (5); or

(d) The vehicle is owned by a person who has been in active military service and less than 12 months of non-operation have elapsed since the end of the period for which the vehicle was previously registered, provided the applicant files with the department a statement of such non-operation.

(e) Part-period registration fees shall be computed as follows:

(1) For vehicles registered under the conditions in Section VEH.3.11.020(a), Section VEH.3.11.020(b), or Section VEH.3.11.020(d), the fee for the current registration period shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle multiplied by the number of months of the current registration period which have not fully expired on the date the vehicle first is operated by or with the consent of the applicant under circumstances making it subject to registration by the Lac Courte Oreilles. In the case of a vehicle which has not previously been registered or which has not been registered within this Reservation by the present owner since the owner last acquired ownership of the vehicle, the department shall assume that the date of first operation bill of sales evidencing transfer of ownership to the applicant unless he or she files with the department a statement that the vehicle was not so operated until a later date, specifying the date of such first operation. The department may refuse to accept any statement which projects the date of first operation into the future.

(2) For the registration of a replacement vehicle under the conditions set forth in Section VEH.3.11.020(c), or the fee shall be computed as for a vehicle not previously registered in this state, but a credit shall be allowed for the unused portion of the fee paid for the vehicle being replaced. Such credit shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle being replaced multiplied by the number of months of registration which have not fully expired at the time the vehicle being replaced was junked, traded, sold or removed from jurisdiction of the Lac Courte Oreilles. Except for a vehicle registered on a biennial basis, it is not necessary that the replacement vehicle be of the same type as the one being replaced in order for the applicant to take advantage of the credit but the credit may be applied toward registration of the replacement vehicle only up to the date when the registration of the vehicle being replaced would have expired.

VEH.3.11.030 Transferred Plates or Plates No Longer in Use

(a) The transferee of a vehicle registered as provided in Section VEH.3.2.030 is not subject to the payment of any registration fee for the remainder of the period for which the vehicle is registered unless, by reason of his or her status or the use to which the vehicle is put, the fee prescribed by law is higher than that paid by the former owner. In such event, the fee shall be computed on the basis of one-twelfth of the difference between the two (2) annual fees multiplied by the number of months of the current registration period which have not fully expired on the date, after the vehicle is acquired by the applicant, when such vehicle is first operated by him or her with his or her consent under circumstances making it subject to registration by the Lac Courte Oreilles.

(b) A person retaining a set of plates removed from a vehicle which was junked or transferred, is no longer used on the highways or has been registered as a special interest vehicle under Section VEH.3.10.010 may receive credit for the unused portion of the registration fee paid when registering a replacement vehicle of the same type and gross weight.

(c) A person retaining a set of plates removed from a motorcycle may receive credit for the unused portion of the registration fee paid when registering a replacement motorcycle.

(d) This section does not apply to vehicles registered at a fee of $5 under Section VEH.3.8.010. Such vehicles, whether registered for a full period or part thereof and whether or not previously registered, shall be registered at the full fee. If a person authorized to register a vehicle at a fee of $5 under Section VEH.3.8.010 transfers the vehicle to a person not so authorized, the fee payable by the transferee shall be computed as for a vehicle not previously registered by the Lac Courte Oreilles.

(e) The credit or plate transfer provisions authorized under this section do not apply if the applicant has, within the preceding 12 months, transferred or received credit for registration plates removed from the motor vehicle which is the subject of the application.

VEH.3.11.040 Re-Registration Required for Vehicles Subject to a Different Fee

Whenever the construction or the use of a registered vehicle is changed in a manner making the vehicle subject to a different registration fee than the fee for which the vehicle currently is registered, the owner shall immediately make application for registration. The fee payable upon such re-registration shall be computed as for a vehicle not previously registered in this jurisdiction but a credit shall be allowed for the unused portion of the fee paid for the previous registration if the registration plates issued upon the previous registration are returned to the department. The credit shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle as previously registered multiplied by the number of months of registration which have not fully expired on the date the vehicle became subject to the different fee. The credit may be applied toward the reregistration of the vehicle only up to the date when the previous registration would have expired.

VEH.3.11.050 Refundable Fees

(a) The department shall not refund a fee paid to it except when expressly authorized or directed by this section or some other provision of this ordinance to do so.

(b) Upon request, the department shall refund 50 percent of a registration fee paid for a vehicle registered on a biennial basis if the person who registered the vehicle furnishes such proof as the department requires that the person has transferred his or her interest in the vehicle before the beginning of the second year of the period for which the vehicle is registered or that the vehicle will not be operated within the jurisdiction of the Lac Courte Oreilles after the beginning of the second year of the period for which the vehicle is registered. The department may require the person to return the certificate of registration and registration plates for the vehicle to the department.

VEH.3.11.060 Change of Address

(a) Whenever any person, after applying for and receiving registration plates, moves from the address named in the application for the registration plates or when the name of the licensee is changed by marriage or otherwise, the person shall within 10 days notify the department in writing of the old and new address or of such former and new names and of all registration plate numbers held.

(b) Any person who fails to comply with any of the requirements of par. (a) may be required to forfeit not more than $25.

VEH.3.11.070 Reinstatement of Suspended or Revoked Registration

(a) Except as provided in par. (b), the department shall charge a fee of $25 to reinstate a registration previously suspended or revoked under this law. The fee under this subsection is in addition to any other fee required to complete the registration of the vehicle.

(b) Par. (a) does not apply to the reinstatement of a registration suspended or revoked as a result of an error by the department.

VEH.3.11.080 Exemption of Nonresidents and Foreign Registered Vehicles

Any vehicle which is registered in another jurisdiction is exempt from the Lac Courte Oreilles Motor Vehicle Registration Ordinance providing for the registration of such vehicles if:

(a) The vehicle carries a registration plate indicating the registration in such other jurisdiction, and

(b) The vehicle is owned by a nonresident of the Reservation.

(c) If the owner of such vehicle moves within the jurisdiction Lac Courte Oreilles or if the vehicle is purchased by a Lac Courte Oreilles Tribal member, the vehicle immediately becomes subject to the laws of the Lac Courte Oreilles providing for registration of vehicles.

VEH.3.11.090 Reciprocal Agreements

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians may enter into a reciprocal exemption agreement with the State of Wisconsin. The reciprocal agreement may exempt designated classes of vehicles registered by the department from the registration requirements of the State of Wisconsin.

Subchapter VEH.3.12 Penalties

VEH.3.12.010 Fraudulent Applications

Any person who gives a false or fictitious name, address or location where a vehicle is customarily kept in an application for license or registration or who makes application for license or registration in the name of a person other than the true owner, or true owner and lessee, may be fined not more than $200.

VEH.3.12.020 Improper Use of Evidence of Registration

Any person who does any of the following may be subject to a fine of not more than $500:

(a) Lends to another a registration plate for display upon a vehicle for which the plate has not been issued.

(b) Displays upon a vehicle a registration plate not issued for such vehicle or not otherwise authorized by law to be used thereon.

(c) Willfully twists, paints, alters or adds to or cuts off any portion of a registration plate or sticker; or who places or deposits, or causes to be placed or deposited on such plate or sticker any substance to hinder the normal reading or such plate; or who defaces, disfigures, covers, obstruct, changes or attempts to change any letter or figure thereon; or who causes such plate or sticker to appear to be a different color.

VEH.3.12.030 Special Registration Plates

Any person who fraudulently procures or uses special registration plates issued under Section VEH.3.2.030 of this ordinance shall forfeit not less than $200, nor more than $500.

Subchapter VEH.3.13 When Registration Is to Be Suspended

VEH.3.13.010 When Suspended

(a) The department shall suspend the registration of a vehicle when:

(1) The registration was completed through fraud or error and the person who registered the vehicle does not or cannot register the vehicle properly.

(2) The required fee has not been paid and the same is not paid upon reasonable notice and demand.

(3) Suspension of registration is specified by an authority under Section VEH.3.14.010.

(4) The applicant fails, upon reasonable notice and demand, to furnish proof of payment, in the form prescribed by the U.S. Secretary of Treasury, that the federal heavy vehicle use tax imposed by section 4481 of the Internal Revenue Code has been paid.

(5) The licensee of a vehicle registered under Section VEH.3.7.010 has not been compiled with the test or inspection requirements of the State of Wisconsin under s.110.20(6)Wis. Stats.

(b) Any registration suspended pursuant to this section continues to be suspended until reinstated by the department. The department shall reinstate the registration when the reason for the suspension has been removed.

(c) Whenever the registration of a vehicle is suspended under this section, the department may order the owner or person in possession of the registration plates to return them to the department. Any person who fails to return the plates when ordered to do so by the department may be required to forfeit not more than $200.

VEH.3.13.020 Transfer of Vehicle Ownership While Registration Suspended

(a) No owner may transfer the ownership or registration of any vehicle whose registration is suspended under Section VEH.3.13.010 until the registration is reinstated under Section VEH.3.13.010(b) or until the department is satisfied that such transfer is proposed in good faith and not for the purpose or with the effect of defeating the purposes of Section VEH.3.13.010(a)(3).

(b) Any person violating this section may be subject to a fine of not more than $200.

(c) This section does not apply to or affect the registration of any vehicle sold by a person who, pursuant to the terms or conditions of any written instrument giving a right of repossession, has exercised such right and has repossessed such vehicle from a person who registration has been suspended under Section VEH.3.13.010(a)(3).

Subchapter VEH.3.14 Nonmoving Violations

VEH.3.14.010 Non-Moving Violation

(a) As used in this section:

(1) "Authority" means a Tribal Authority, a local authority, or a state agency.

(2) "Forfeiture" includes a fine established under this ordinance.

(3) "Nonmoving traffic violation" is any parking of a vehicle in violation of a statute, an ordinance, or a resolution of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or the State of Wisconsin.

(b) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority which issued the citation may issue a summons to the person and, in lieu of or in addition to issuing the summons, may proceed but, except as provided in this section, no warrant may be issued for the person. If the person appears in response to a summons for a nonmoving traffic violation, the procedures under the current Lac Courte Oreilles Tribal Court rules and regulations shall apply.

(c) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority may notify the department in the form and manner prescribed by the department that a citation has been issued to the person and the citation remains unpaid. The authority shall specify whether the department is to suspend the registration of the vehicle involved under Section VEH.3.13.010 or refuse registration of any vehicle owned by the person.

VEH.3.14.020 Penalty for Operating Unregistered or Improperly Registered Vehicle

(a) It is unlawful for any person to operate or for an owner to consent to being

operated on any highway of this jurisdiction any motor vehicle, mobile home, trailer, or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this jurisdiction, or, a complete application for registration, including evidence of any inspection required by the jurisdiction, accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid, and if the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

(1) A vehicle may be operated by a private person after the date of purchase of such vehicle by such private person or after the date such person moved to this jurisdiction if application for registration and certificate of title has been made.

(b) All vehicles subject to renewal or registration may be operated provided that application for re-registration has been made.

(c) Unless application for re-registration has been made as required by Section VEH.3.11.040, it is unlawful for any person to operate or for the owner to consent to being operated on any highway of this jurisdiction any registered vehicle the construction or use of which has been changed so as to make the vehicle subject to a higher fee than the fee at which it currently is registered or which is carrying a greater load than that permitted under the current registration.

(1) Any person who violates par. (a) or (b), where the vehicle used is an automobile, station wagon, or any other vehicle having a gross weight of 10,000 pounds or less, may be required to forfeit not more than $200.

(d) Any person who violates par. (a) or (b), where the vehicle used is vehicle not enumerated under sub. (1), may be required to forfeit not more than $500.

Chapter VEH.4 All-Terrain Vehicles and Utility Task Vehicles

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide a code for the operation and enforcement for ATV/UTV vehicles on the Reservation, including the regulation of operation and identification of enforcement for persons who operate under this code. To provide regulations for the safe operation of ATV/UTV vehicles to protect real or personal property of the Band, harming its members or Reservation residents, or by endangering or harming the natural, social, or physical well-being of members or other persons on the Reservation which predates its treaties of 1825, 1826, 1837, 1842, 1847, and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice…."

Subchapter VEH.4.1 Introduction

VEH.4.1.010 Title

This ordinance shall be known as the ATV/UTV Code for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation.

VEH.4.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice…" And Article I, §2 "The jurisdiction of the band shall extend to all lands and waters within the territory of the band…"

VEH.4.1.030 Purpose

The purpose of this Chapter is to provide for the regulation of all-terrain vehicle operations, utility task vehicle operations, owner safety, operator safety, and for the safety of those operating motor vehicles on roadways within the boundaries of the Lac Courte Oreilles Reservation.

VEH.4.1.040 Scope

The Lac Courte Oreilles Tribal Governing Board is authorized to regulate operations of all-terrain vehicles, off-highway motorcycle ("mini-bikes"), and utility terrain vehicles, (hereinafter "ATV/UTV") on the Reservation and to establish safety regulations for safe use. Except as provided by this Code, all persons and ATV/UTV shall operate under the authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Any authorized personnel may operate an ATV/UTV on the Reservation, consistent with the regulations set forth under this code. Any violations shall be subject to the Lac Courte Oreilles Tribal Court.

VEH.4.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

VEH.4.1.060 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

VEH.4.1.070 Non-Exclusive Remedy

Any conviction of a violation under this Code does not prevent, negate or exclude the use of any other remedy or penalty that is otherwise provided by this Code or other governing federal, state or tribal law.

VEH.4.1.080 Interpretation

The provisions of this ordinance:

(a) Shall be liberally construed in favor of the Tribe;

(b) Shall not be deemed a limitation or repeal of any other tribal power or authority.

Subchapter VEH.4.2 Definitions

VEH.4.2.010 General Definitions

Any term not defined in this Section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "All-terrain vehicle" and "ATV" means a commercially designed and manufactured motor driven device which has a width of not more than 50 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation, is equipped with a seat designed to be straddled by the operator, and travels on 3 or more tires.

(b) "County" means Sawyer County, a political subdivision of Wisconsin.

(c) "County Road" means any road that is maintained by the County that exists within the exterior boundaries of the reservation.

(d) "Highway" means all public ways and thoroughfares and bridges and the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.

(e) "Purpose of access from lodging" means for the purpose of traveling for the shortest distance that is necessary and as far to the right side of the roadway as possible for a person operating the all-terrain vehicle to go between a lodging establishment and the all-terrain vehicle route or trail that is closest to the lodging establishment.

(f) "Purpose of residential access" means for the purpose of traveling for the shortest distance that is necessary and as far to the right side of the roadway as possible for a person operating the all-terrain vehicle to go between a residence and the all-terrain vehicle route or trail that is closest to that residence.

(g) "Reservation" means the Lac Courte Oreilles Reservation as established under the 1854 Treaty (cite) between the United States and the Ojibwe tribes.

(h) "Reservation road" means any road that is maintained by the tribal roads department.

(i) "Road, trail, or street" means any path that may or may not be paved which is identified by name, number of which the automobile use is intended.

(j) "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed, or ordinarily used for vehicular travel, excluding the berm or shoulder.

(k) "Nonmember" or "Non-Tribal Member" means a person is not currently enrolled in the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(l) "Off-highway motorcycle" means a two-wheeled motor vehicle that is straddled by the operator that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. The off-highway motorcycle operator shall be subject to the same terms and conditions as an ATV/UTV operator.

(m) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(n) "Tribal Member" means an enrolled member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(o) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(p) "Utility-task vehicle" and "UTV" as a commercially designed and manufactured motor-driven device that is designed to be used primarily off highway, and originally manufactured and equipped with all of the following: four or more tires; steering wheel; tail light; brake light; two headlights; width of not more than 65 inches; seat belts; and roll bar or similar device designed to reduce the likelihood that an occupant would be crushed as the result of a rollover. Every non-electric ATV/UTV is required to be equipped with a functioning muffler to prevent excessive or unusual noise.

Subchapter VEH.4.3 Rules of Operation

VEH.4.3.010 Authorized Operation

(a) All ATV/UTV operators shall comply with posted speed limits, stop signs, traffic signs, and must comply with any law enforcement attempts to stop to the ATV/UTV. For all roads under this Code the maximum allowable speed for ATV/UTV use shall not exceed 35 mph.

(b) Operators may operate an ATV/UTV:

(1) On all marked roads and marked trails approved by the Tribal Governing Board within the boundaries of the Lac Courte Oreilles Reservation. The Tribal Governing Board reserves the right to amend or revoke its approval for ATV/UTV use on any road or any trail at any time.

(2) On tribally-owned lands whose purpose is to hunt, fish or gather within the exterior boundaries of the reservation. Failure to post that land is the property of the Tribe does not imply consent for ATV/UTV use.

(3) ATV/UTV's may only utilize approved marked roads and marked trails upon the opening of the season as declared by the Tribal Governing Board.

(4) All persons under the age of 18 are required to wear a helmet and eye protection when operating an ATV/UTV.

(5) ATV operation is limited to one person per vehicle unless designed for a passenger.

(6) No passengers allowed for operators under the age 18.

(7) Children under the age of five are are prohibited from being passengers in an ATV/UTV during its operation.

(8) Any ATV/UTV operators between the ages of 12-15 years of age must have completed an ATV safety course and must carry the safety certification card while operating the ATV/UTV at all times.

(9) Only enrolled Lac Courte Oreilles Tribal members may operate ATV/UTVs on non-designated routes, for the limited purpose of accessing a designated route from the member's residence.

VEH.4.3.020 Unauthorized Operations Operators may not operate an ATV/UTV:

(a) In any reckless or negligent way so as to endanger the person or property of another.

(b) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for ATV/UTV use.

(c) On allotted lands to tribal members within the exterior boundaries of the reservation. Failure to post that land is the property of the Tribe does not imply consent for ATV/UTV use.

(d) When under the influence of alcohol, drugs or any other altering substance.

(e) When within 150 feet of a dwelling at a speed exceeding ten (10) miles per hour.

(f) On land owned in fee simple that belongs to a non-tribal member within the exterior boundaries of the reservation, failure to post private property does not imply consent for ATV/UTV use.

(g) No operator may cause excessive, unusual noise, or noise pollution while operating an ATV/UTV.

VEH.4.3.030 Operation on County Roads or Highways

(a) Only the following County Roads are open for ATV/UTV traffic by non-tribal members:

(1) County Road NN (Green Lake Road to Chief Lake Road);

(2) County Road E (CTH K to Williams Road is a whole route, CTH K to Tribal boundary N by Norwis);

(3) County Road K (County Road E to Indian Drive);

(4) County Road S (CTH B to Reservation Boundary); and

(5) County Road NN (Chief Lake Rd. to Gurno Lake Road).

(b) The Tribal Governing Board reserves the right to amend or revoke its approval of any designated ATV/UTV route at any time.

VEH.4.3.040 Hours of Operation

(a) Hours of Operation for recreational use of ATV/UTV on the Lac Courte Oreilles Reservation shall be from 6:00 A.M. until 11:00 P.M Sunday through Saturday.

(b) Hours of Operation of ATV/UTV use for the exercise of treaty hunting, fishing, and gathering rights shall be allowed outside the Hours of Operation above for Tribal Members who are exercising such treaty-protected rights on reservation.

VEH.4.3.050 Logging Areas and Sacred Sites

(a) Areas located on the reservation that are marked as "logging areas" or areas that are deemed by the Tribe to be a "sacred site" are off-limits to any ATV/UTV operation under this code.

VEH.4.3.060 Trail Designation

(a) All ATV/UTV trails shall be designated for use by the LCO Conservation Department after previous approval granted by the Tribal Governing Board. Each trail shall be conspicuously marked with a trail designation.

VEH.4.3.070 Northwoods Beach Limits

The roads in the Northwoods Beach residential area may be used by Tribally registered ATV/UTV users pursuant to VEH.4.4.030.

VEH.4.3.080 Adoption of State Laws

(a) The Tribe has adopted the following statutes from the Wisconsin Statutes, however if there is an inconsistency between the adopted Wisconsin Statutes adopted herein, and the Tribal Law, Tribal Law shall supersede the Wisconsin Statute. The following are hereby adopted:

(1) Wis. Stat. 23.33(4c) "Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle;"

(2) Wis. Stat. 23.33(7) "Accidents;" and

(3) Wis. Stat. 23.33(8)(f) "Interference with signs and standards prohibited."

Subchapter VEH.4.4 Enforcement

VEH.4.4.010 Enforcement

A duly appointed and designated Lac Courte Oreilles Tribal Police Officer, and the Lac Courte Oreilles Conservation Wardens, are authorized to enforce the provisions of this chapter and to cite individuals for violation thereof into Tribal Court and or to an alternative venue as determined by the law enforcement.

VEH.4.4.020 Tribal Court

All citations issued under this code shall be heard in the Lac Courte Oreilles Tribal Court. The Tribal Court shall have personal and subject matter jurisdiction for all citations issued under this code.

VEH.4.4.030 Tribal ATV/UTV Registration

(a) All Lac Courte Oreilles tribal members that operate ATV/UTV on the reservation shall be registered with the Lac Courte Oreilles Police Department.

(b) All non-enrolled Lac Courte Oreilles ATV/UTV operators must have their ATV/UTV registered with the Wisconsin Department of Natural Resources.

(1) Failure to register one's ATV/UTV may result in immediate impoundment of the ATV/UTV, at the owner's expense.

(2) Falsification of ATV/UTV use permit is subject to all penalties included in VEH.4.5.010.

(3) The illegal transfer of ATV/UTV permit is subject to all penalties included in VEH.4.5.010.

(d) The registration of the ATV/UTV shall be renewed every two years.

(e) The registration fee shall not exceed $50.00 per ATV/UTV.

(f) Failure to register ones ATV/UTV may result in immediate impoundment of the ATV/UTV, at the owner's expense.

(g) LCO Tribal members shall register their ATV/UTV, however, tribal members registration fee shall be waived if a valid LCO Tribal ID is provided at the time of registration.

(h) Falsification of ATV/UTV use permit is subject to all penalties included in VEH.4.5.010.

(i) The illegal transfer of ATV/UTV permit is subject to all penalties included in VEH.4.5.010.

Subchapter VEH.4.5 Penalties

VEH.4.5.010 Penalties

(a) Any person who violates any section of this code shall pay a forfeiture of not less than $50 no more than $5000 for each offense. Said forfeiture is exclusive of any vehicle confiscation or vehicle impoundment by the Tribe.

(b) For any ATV/UTV that is operating outside the posted roadways or ATV/UTV trails, the Tribe reserves the right to confiscate any ATV/UTV and remove the vehicle outside of the Reservation boundary. The Lac Courte Oreilles Police Department or the Lac Courte Oreilles Conservation Department reserves the right to impound any ATV/UTV that violates any section under this Code.

(c) For any ATV/UTV that does not have tribal registration or tribal plates displayed, may be confiscated, or impounded by a Lac Courte Oreilles Law Enforcement Officer. Any ATV/UTV which is confiscated or impounded shall be held at the Tribal Police Department or Safety Center. Any vehicle may be released at the reservation boundary by Tribal Law Enforcement.

(d) Any ATV/UTV that is confiscated by Tribal Law enforcement may be released at the reservation boundary or at the registered residence of the ATV/UTV owner, at the Owner's expense.

(e) Any ATV/UTV that is impounded by Tribal Law Enforcement may be released to the registered owner with an order of the Tribal Court and proof of payment for any fines or penalties under this code.

VEH.4.5.015 Confiscated or Impoundment Procedure

(a) Any ATV/UTV that is confiscated by Tribal Law Enforcement may be released at the reservation boundary or at the registered residence of the ATV/UTV owner, at the Owner's expense.

(b) Any ATV/UTV that is impounded by Tribal Law Enforcement may be released to the registered owner with an order of the Tribal Court and proof of payment for any fines or penalties under this code.

VEH.4.5.020 Citations

The following is a non-exhaustive list of common citations that may be issued for a violation of this Code:

(a) Operation of an ATV/UTV without fully operational vehicle lights, pursuant to §VEH.4.3.010,

(b) Operation of an ATV/UTV in excess of posted speed limits, with a maximum ATV/UTV speed limit of 35 mph pursuant to VEH.4.3.020,

(c) Operation of an ATV/UTV outside of the posted roadways or marked paths/trails, pursuant to § VEH 4.2.010, §VEH.4.3.030, & §VEH.4.3.050,

(d) Operation of an ATV/UTV without protective safety equipment, pursuant to § VEH.4.3.010,

(e) Operation of an ATV/UTV near sacred sites or on private property, pursuant to § VEH.4.3.030 and § VEH.4.3.050,

(f) Operation of an ATV/UTV in a reckless or negligent manner, pursuant to § VEH.4.3.020,

(g) Operation of an ATV/UTV with an unauthorized passenger, pursuant to § VEH.4.3.010,

(h) Operation of an ATV/UTV after hours of operations, pursuant to § VEH.4.3.040 & § VEH.4.3.030(c)(2),

(i) Operation of an ATV/UTV without current registration, pursuant to § VEH.4.4.030,

(j) Operation of an ATV/UTV when under the influence of alcohol, drugs, or any other altering substance § VEH.4.3.020(d),

(k) Operation of an ATV/UTV without a muffler pursuant to §VEH.4.2.010(a) and (k), and

(l) Operation of an ATV/UTV causing excessive noise, unusual noise, and or noise pollution pursuant to §VEH.4.3.020(g).

VEH.4.5.030 Citation Procedure [Repealed]

Repealed.

VEH.4.5.040 Confiscated or Impoundment Procedure [Repealed]

Repealed.