3.20.110 Operation of Snowmobiles on or in the Vicinity of Highways and Roadways

(a) No person may operate a snowmobile upon any part of U.S. Highway 2, except as permitted by Section 3.20.110(c)(1) below.

(b) Persons may operate a snowmobile only in the following manner on any highway or roadway or as otherwise authorized by law:

(1) Directly across any roadway, but only after stopping and yielding the right- of-way to all vehicles approaching on the roadway. Crossings under this subdivision may be made only at a place where no obstruction prevents a quick and safe crossing. For purposes of this subdivision, "obstruction" includes but is not limited to impairment of view and dangerous roadway condition.

(2) On any roadway which is not normally maintained for other vehicular traffic by the removal of snow.

(3) On the roadway of highways to cross a bridge, culvert, or railroad right-of-way unless posted by the maintaining authority, but shall yield the right-of-way to all vehicular traffic.

(4) On the roadway of county or town highways and Tribal or village roads or streets for special snowmobile events authorized under Section 3.20.240.

(5) On highways and roads which have been designated as snowmobile routes and which are required to be marked.

(6) On a portion of the roadway or shoulder of a highway for the purpose of residential access or for the purpose of access from lodging if the Tribal Council permits by posting for that portion of the roadway or highway. A snowmobile operated on a portion of the roadway or shoulder of a highway under this subdivision shall observe roadway speed limits.

(c) Snowmobiles may be operated be adjacent to a roadway with due regard for safety in the following manner:

(1) Along U.S. Highway 2, state and county highways at a distance of 10 or more feet from the plowed edge of the roadway.

(2) Along Tribal roads outside of the roadway.

(3) During daylight hours travel may be in either direction regardless of the flow of vehicular traffic.

(4) At night travel shall conform to the direction of vehicular traffic in the nearest lane unless:

(A) The snowmobile trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier; and

(B) The use of the snowmobile trail is approved by the Tribal Council with respect to the snowmobile trails located near or crossing highways.

(5) Whenever it is impracticable to gain immediate access to an area adjacent to a highway where a snowmobile is to be operated, the snowmobile may be operated adjacent and parallel to the roadway for the purpose of gaining access to and from the area of operation. Loading or unloading of the snowmobile shall be accomplished with due regard to safety at the nearest practical point to the area of operation.

(6) Snowmobiles traveling adjacent to a roadway shall observe roadway speed limits, except no snowmobile may be operated in excess of a speed of 50 miles per hour at any time of day or night.

(d) Snowmobiles may be operated for emergency purposes on any highway during a period of emergency when so determined by the Tribal Conservation Department, Tribal Police Chief, Tribal Fire Chief, or Tribal Council.

(e) A law enforcement officer or Conservation Warden may operate a snowmobile on a highway in performance of his or her official duties.

(f) Under no circumstances, except as provided in this section, is a snowmobile to be operated on the main-traveled portion of a highway or on the plowed portion.