§ 1-101. Definitions.
In this section, unless the context or subject matter otherwise requires:
A. “Actual physical control” means possessing the present ability to operate any motor vehicle, notwithstanding the fact that such vehicle is not in motion, while under the influence of intoxicating alcohol or drugs.
B. “Business district” means the territory contiguous to a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.
C. “Crosswalk” means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
D. “Emergency vehicles” include:
1. Vehicles owned or leased by the Osage Nation or the United States government, and used for law enforcement purposes;
2. Vehicles of a governmentally owned fire department;
3. Ambulances; or
4. Vehicles clearly marked or designated for law enforcement purposes when operated by a recognized law enforcement officer, any municipal department, sheriff, or deputy sheriff or state trooper.
5. Only Osage Nation police, fire and ambulance vehicles are authorized to display or operate red and/or blue emergency lights and/or siren.
E. “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry.
F. “Highway” means the entire width between the boundary lines of every publicly maintained right-of-way when any part thereof is open to the use of the public for purposes of vehicular travel.
G. “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway.
H. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways, each roadway shall be regarded as a separate intersection.
I. “Intoxicating liquor” means and includes any beverage containing alcohol or illegal or controlled substances.
J. “Manufacturer” means any person engaged in the business of manufacturing motor vehicles or trailers.
K. “Motor vehicle” includes every vehicle which is self-propelled, but not operated upon rails.
L. “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding implements of husbandry.
M. “Operator” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who exercises control over or steers a vehicle being towed by a motor vehicle.
N. “Osage Nation jurisdiction” means all geographical areas within the territorial jurisdiction of the Osage Nation, including, without limitation, all territory within the exterior boundaries of its Reservation.
O. “Owner” means a person who holds legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Title.
P. “Pedestrian” means any person on foot.
Q. “Person” includes every person, firm, partnership, association, or corporation.
R. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations within the Osage Nation jurisdiction.
S. “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not other persons.
T. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
U. “Residence district” means territory contiguous to a highway not comprising a business district, when the frontage on such highway for a distance of three hundred (300) feet or more is occupied mainly by dwellings, or by dwellings and buildings in use for business.
V. “Right-of-way” means the privilege for the immediate use of a roadway.
W. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term “roadway” as used herein refers to any such roadway separately, but not to all such roadways collectively.
X. “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone.
Y. “School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
Z. “Semi-trailer” includes every vehicle of the trailer type so designed and used in conjunction with a motor vehicle so that some part of its own weight rests upon or is carried by a motor vehicle, except that it does not include a “house trailer” or “mobile home.”
AA. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
BB. “Stand” or “standing” means the halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
CC. “State” means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.
DD. “Stop” or “stopping” when prohibited means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
EE. “Street” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
FF. “Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purpose of travel.
GG. “Trailer” includes every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it does not include a “house trailer” or “mobile home,” which terms mean a vehicle as defined in this section which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.
HH. “Urban district” means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of one-quarter of a mile or more.
II. “Vehicle” includes every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.