3.20.320 Definitions

As used in this chapter, the following terms, shall be defined as follows:

(a) "Accompany" means to be on the same snowmobile as the operator.

(b) "Approved protective helmet" shall mean a helmet of a type that meets the Snell standard or the standards set by the American National Standards Institute (ANSI) and which has not previously been subject to an impact.

(d) "Headlamp" means a major lighting device used to provide general illumination ahead of a vehicle.

(e) "Headlamp barrier" means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of headlamps on a snowmobile trail.

(f) "Highway" means all public ways and bridges, including the entire width between the boundary lines of every way, open to use of the public for the purpose of vehicular travel. Highway does not include private roads or driveways.

(g) "Hours of darkness" means the period of time from one-half hour after sunset to one-half hour before sunrise and all other times when there is not sufficient natural light to render clearly visible and person or vehicle upon a highway at a distance of 500 feet.

(h) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

(i) "Junked" shall mean a snowmobile which is not operational and has been dismantled for parts or scrapped.

(j) "Law enforcement officer" means a member of the Bad River Police Department or a Bad River Conservation Warden, or any member of the agencies listed in Section 3.20.280(a).

(k) "Member" shall mean an enrolled member of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(l) "Operate" means to exercise physical control over the speed or direction of a snowmobile or to physically manipulate or activate any of the controls of a snowmobile necessary to put it in motion.

(m) "Operator" means a person who operates a snowmobile, who is responsible for the operation of a snowmobile, or who is supervising the operation of a snowmobile.

(n) "Owner" means a person who has lawful possession of a snowmobile by virtue of legal title or equitable interest therein which entitles the person to possession of the snowmobile.

(o) "Reservation" shall mean all lands and waters within the exterior boundaries of the Bad River Reservation.

(p) "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.

(q) "Sanctioned race or derby" means a competitive snowmobile event sponsored by the Tribal Council or a Tribal Entity.

(r) "Snowmobile" shall mean any engine-driven vehicle of a type which utilizes sled type runners, or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include such vehicles which are either manually propelled or driven by a motor of 4 horsepower or less and operated only on private property.

(s) "Snowmobile route" means a highway or sidewalk designated for use by snowmobile operators by the Tribal Council agency having jurisdiction as authorized under this chapter.

(t) "Snowmobile trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by snowmobile operators by the Tribal Council, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.

(u) "State trunk highway" means any highway designated by the State of Wisconsin as part of the state trunk highway system over which the state has maintenance authority, exclusive of connecting highways.

(v) "Tail lamp" means a device to designate the rear of a vehicle by a warning light.

(w) "Tribal Court" shall mean the court of the Bad River Band of the Lake Superior Tribe of Chippewa Indians and its appellate court.