3.21.310

Terms as used in this chapter are defined as follows:

(a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.

(b) "All-Terrain Vehicle" or "ATV" a commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of 50 inches or less, is equipped with a seat designed to be straddled by the operator and on 3 or more low- pressure or non-pneumatic tires. See also: Small ATV

(c) "Approved helmet" means a helmet which is certified to meet the standards set by 49 CFR 571.218 and which has the chin strap properly fastened.

(d) "Department" shall mean the Bad River Natural Resources Department.

(e) "Junked" shall mean an ATV which is not operational and has been dismantled for parts and scrapped.

(f) "Intoxicating liquor" means all ardent, spirituous, distilled, or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include "fermented malt beverages".

(g) "Legal drinking age" means 21 years of age.

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

(i) "Operate" means to exercise physical control over the speed or direction of an ATV or UTV or to physically manipulate or activate any of the controls of an ATV or UTV necessary to put it in motion.

(j) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or the physical manipulation or activation of any of the controls of an all-terrain vehicle.

(k) Operator — A person who operates an ATV or UTV, who is responsible for the operation of an ATV or UTV or who is supervising the operation of an ATV or UTV.

(l) Owner- A person who has lawful possession of an ATV or UTV by virtue of legal title or equitable interest in the machine which entitles the person to possession of it. (I) "Person" means natural person. sole proprietorship, partnership, corporation or association, and includes any member of the Bad River Tribe and any non-member of this tribe who is operating an ATV within the exterior boundaries of the reservation.

(m) Recognized Reservation" shall mean any Reservation of any Federally Recognized Indian Tribe recognized by Department of the Interior, Bureau of Indian Affairs.

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

(o) Small All-Terrain Vehicle An all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 90 cubic centimeters or an equivalent power unit. These machines must be registered.

(p) 'Tribal Court" shall mean the Court located on the Bad River Reservation under the authority of the Bad River Band of Lake Superior Chippewa Indians Constitution.

(q) "Underage person" a person who has not attained the legal drinking age of 21 years of age.

(r) Utility Terrain Vehicle means any of the following: • A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:

(1) A net weight, without fluids, of 2,000 pounds or less.

(2) Four or more low pressure or non-pneumatic tires

(3) A steering wheel.A tail light.

(4) A brake light.

(5) Two headlights.

(6) A width of not more than 65 inches.

(7) A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(8) A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.