CERTIFICATE

STATE OF NORTH DAKOTA	)
					)  ss.
COUNTY OF MORTON		)

	The undersigned City Auditor of the City of New Salem, hereby certifies that she is the City Auditor of the City of New Salem, and as such is the custodian of the Ordinance Book of the City;

	She further certifies that the foregoing is a true and accurate copy of the New Salem Revised Ordinances of 2004, duly enacted by the governing body of the City of New Salem, the first reading which was had on __________________ and the second reading and final passage had at the regular meeting held on ________________ and passed on a roll call vote as shown in the records kept of said meeting.

	Dated this          day of                                                    , 2004.

					Shian Kaelberer, City Auditor
					City of New Salem, North Dakota

BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF NEW SALEM, NORTH DAKOTA

1.	That the New Salem Ordinances be revised and be called the New Salem Revised Ordinances of 2004.

2.	That the Mayor of the City of New Salem does hereby appoint, by and with the advise and consent of the City Council of the City of New Salem, Steven J. Wild, an attorney licensed to practice law in North Dakota, and the City Attorney to prepare and submit to the City Council for its adoption or rejection, an Ordinance for the revision or for the enactment of new and additional ordinances for the City of New Salem.

						                                                                  						Dale L. Beckman
						Mayor

ATTEST:

                                                         
Shian Kaelberer, City Auditor

CITY SEAL

First Reading:

Second Reading and Final Passage:

RESOLUTION CONFIRMING THE APPOINTMENT OF 
ATTORNEY TO REVISE THE MUNICIPAL ORDINANCES

	WHEREAS, the City Council of the City of New Salem has passed an ordinance to revise the Ordinances of the City of New Salem;

	WHEREAS, said ordinance provided that the Mayor of the City of New Salem appoint a North Dakota Attorney and the City Attorney to prepare said revisions of the ordinances and to submit the same to the City Council for its adoption or rejection;

	WHEREAS, the Mayor of the City of New Salem has appointed Steven J. Wild, an attorney licensed to practice in North Dakota, and the New Salem City Attorney to revise the municipal ordinances;

	NOW, THEREFORE, BE IT HEREBY RESOLVED, that said appointment be in all respects and all regards approved and confirmed.

	The above resolution was made and seconded, and upon a vote being taken thereon, said resolution was declared unanimously passed.

	Dated at New Salem, North Dakota, this            day of                                 , 2004.

						                                                                  						Dale L. Beckman
						Mayor

ATTEST:

                                                           
Shian Kaelberer, City Auditor

CITY SEAL

ENACTING ORDINANCE

	Adopting the Revised Ordinances of the City of New Salem of 2004, and repealing all ordinances previously adopted with certain exceptions.

	BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW SALEM, NORTH DAKOTA:

	Section 1.  New Salem Revised Ordinances of 2004.  This ordinance and the ordinances hereby adopted shall be known and cited as the New Salem Revised Ordinances of 2004.

	Section 2.  ENACTMENT.  The New Salem Revised Ordinances of 2004, consisting of Chapters I to XV, both inclusive, an original copy of which has been authenticated by the original signatures of the city's chief executive officer and auditor and which original is on file in the office of the City Auditor, are hereby adopted as the Ordinances of the City of New Salem.

	Section 3.  REPEAL.  All ordinances of the City adopted prior to the date of this enacting ordinance are hereby repealed except the following ordinance which shall continue in full force and effect regardless of the fact that they are herein omitted:

1.	All existing ordinances granting franchises, if omitted from these revised ordinances.

2.	All existing ordinances creating contract obligations on the part of the city, which obligations shall remain binding until fully performed by the city.

3.	All existing ordinances establishing special improvement districts, or street grades.

4.	All of the existing ordinances levying taxes for any years under the provisions of any law relating to the issuance of revenue bonds, municipal bonds, warrants, certificates of indebtedness, or other municipal obligations, whether general or special.

5.	All salary and appropriation ordinances.

6.	The incorporation herein of any of the ordinances of the City of New Salem granting franchises shall not operate to repeal the same in their original form nor to extend the term of any franchise beyond that fixed in that ordinance granting the same which is reenacted herein.

7.	Any and all other ordinances adopted in said New Salem Revised Ordinances of 2004 by reference, although the same are not set forth in full therein.

8.	All existing ordinances establishing, extending or reducing the City Limits of the City, if omitted from these revised ordinances.

	Section 4.  EXISTING LICENSES AND PERMITS.  All licenses and permits issued prior to the date on which this ordinance becomes effective shall continue in force for the remainder of the term for which the same were issued, without additional fees, but all licensees and permittees shall be governed by the provisions of the New Salem Revised Ordinances of 2004 for the remainder of the terms of said licenses and permits, in the same manner and to the same extent as if said licenses and permits had been issued under the provisions of the New Salem Revised Ordinances of 2004.

	Section 5.  NEW LICENSES AND PERMITS.  In the case of any license or permit not heretofore required and appearing for the first time in the New Salem Revised Ordinances of 2004, such license or permit shall be secured on or before the first day of the first month following the effective date of this ordinance, and the first fee therefore shall be pro-rated for the remainder of that term thereof on a monthly basis, provided, that the minimum fee for any such new license or permit shall be $1.00.

	Section 6.  INVALIDITY OF PART.  If any section, subsection, sentence, clause or phrase of these ordinances is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase, or portion thereof.  The governing body hereby declares that it would have passed these ordinances and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.

	Section 7.  EFFECTIVE DATE.  This ordinance shall be in full force and effect from and after its final passage and approval, and without publication.

						                                                                  						Dale L. Beckman   
						Mayor

ATTEST:

                                                            
Corrie Bumann, City Auditor

CITY SEAL

First Reading:

Second Reading and Final Passage:

CHAPTER ONE

GOVERNMENT ORGANIZATION

ARTICLE 1 - Jurisdiction

1.0101  Over Persons and Property  
1.0102  Defining City Limits
1.0103  City Fines and Penalties

ARTICLE 2 - Governing Body - Board of City Council

1.0201  Regular Meetings
1.0202  Special Meetings
1.0203  Meeting to be Public - Journal of Proceedings to
	   be Kept
1.0204  Quorum
1.0205  Reconsidering or Rescinding Votes at Special
	   Meetings
1.0206  Rules and Order of Business

ARTICLE 3 - Elective Officers

1.0301  City Council - Who Constitutes
1.0302  Term of Office of Aldermen
1.0303  Mayor - Qualifications - Term
1.0304  When President and Vice President of a Council
	   are Elected
1.0305  Vacancies on Council or in Office of Mayor - 
	   How Filled
1.0306  Absence or Disability of Mayor - Who to be
	   Acting Mayor
1.0307  Mayor to Preside at Council Meetings - Voting
	   Power of Mayor
1.0308  Mayor May Remove Appointive Officers - Reasons
	   for Removal to be Give
1.0309  Mayor May Suppress Disorder and Keep Peace
1.0310  Release of Prisoners by Mayor - Report to Council
1.0311  Mayor to Perform Duties Prescribed by Law - 
	   Enforced Laws and Ordinances
1.0312  Inspection of Books, Records and Papers of City
	   by Mayor
1.0313  Ordinance or Resolution Signed or Vetoed by Mayor
1.0314  Message to Council
1.0315  Mayor Shall Call on all Inhabitants to Aid in
	   in Enforcing Ordinance
1.0316  Police Chief and Policemen Appointed by Mayor
1.0317  Mayor May Administer Oath

ARTICLE 4 - Elective Officers Other than Governing Body

1.0401  Municipal Judge
1.0402  Report to New Salem City Council
1.0403  Contents of Report
1.0404  Receipt to Accompany Report
1.0405  Court Hours
1.0406  Duties of Municipal Judge

ARTICLE 5 - Appointive Offices

1.0501  Appointive Officers in Council Cities - 
	   Appointment of More Than One Assessor
1.0502  Term of Appointive Officers
1.0503  Officers Commissioned by Warranty - City Auditor
 	   to Receive Certificate of Appointment
1.0504  General Duties of City Auditor
1.0505  General Duties of City Attorney
1.0506  General Duties of Other Appointive Officers

ARTICLE 6 - Special Provisions Regarding City Officers

1.0601  Bonds of Municipal Officers and Employees
1.0602  Oaths of Municipal Officers
1.0603  Salaries of Officers Fixed by Ordinance - 
	   Diminution During Term Prohibited
1.0604  Salaries of City Officials and Appointive 
	   Officers
1.0605  Meals and Lodging - Amount Allowed.
1.0606  Personal Interest in Contract by Public Officer -
	   Prohibited
1.0607  Retiring Officer to Turn Over Books
1.0608  Administrative Policy and Procedure
1.0609  Obstructing a Public Official - Prohibited

ARTICLE 7 - Purchasing and Disposition of Property

1.0701  Competitive Bidding Requirements
1.0702  Procedure
1.0703  Open Market Purchases
1.0704  Accounts Against City to be in Writing and 
	   Verified
1.0705  Form of Verification
1.0706  Further Verification May be Required
1.0707  Blank Forms to Have Verification Printed Thereon. 
1.0708  Conveyance, Sale, Lease or Disposal of 
	   Property

1.0709  Real Property Transfer Requirements

ARTICLE 8 - Municipal Elections

1.0801  Qualified Electors in Municipal Elections -
	   Restrictions
1.0802  Elections in Council Cities - Polling Places -
	   Polls Open - Notice - Judges, Clerks and
	   Inspectors
1.0803  Designation of Polling Places for Municipal 
	   Elections
1.0804  Compensation of Inspectors, Judges and Clerks 
	   at Municipal Elections
1.0805  Reference to Party Ballot or Affiliation in 
	   Petition of Candidate for Municipal Office - 
	   Prohibited - Principals Stated
1.0806  Petition for Nomination of Elected Official in
	   Municipalities - Signatures Required - Contents
1.0807  Ballots in Municipalities - Makeup
1.0808  Clerks Appointed to Fill Vacancies - Oath - 
	   Powers and Duties of Judges and Clerks of
	   Municipal Elections
1.0809  Counting Ballots - Returns - Canvass of Returns
	   by Governing Body of Municipality
1.0810  Municipal Elections to be Governed by Rules
	   Applicable to County Elections - Absent
	   Voting
1.0811  City Auditor to Notify of Election or 
	   Appointments
1.0812  New Election Upon Failure to Elect
1.0813  Special Election Conducted in Same Manner as
	   General Elections
1.0814  Highest Number of Votes Elects in Municipal
	   Election - Procedure on Tie Vote

CHAPTER ONE

GOVERNMENT ORGANIZATION

ARTICLE 1 - Jurisdiction

	1.0101  Over Persons and Property

	The jurisdiction of the City of New Salem, North Dakota, extends to all persons, places and property within its boundaries, and such extra-territorial jurisdiction as is granted to it under the provisions of the North Dakota Century Code and amendments thereto.

	1.0102  Defining City Limits

	There shall be included within the municipal limits of the City of New Salem, North Dakota, all areas duly platted and recorded as being within said City; all lots and blocks shall also include all streets, alleys and public ways included within the area and adjacent thereto which are defined as within the confines of the city limits.  The City Council shall have jurisdiction within the corporate city limits and over any common or public grounds belonging to the City, and in and over all places within one-half mile of the municipal limits for the purpose of enforcing health and quarantine ordinances and police regulations and ordinances adopted to promote the peace, order, safety and general welfare of the municipality.

	1.0103  City Fines and Penalties Limited

	The provisions of Section 40-05-06 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	This section shall not be construed to prohibit the utilization of the sentencing alternatives, other than a fine or imprisonment, provided by Section 12.1-32-02 for the violation of a city ordinance, nor shall this section limit the use of deferred or suspended sentences pursuant to chapter 12-53. 

ARTICLE 2 - Governing Body - City Council

	1.0201  Regular Meetings

	The New Salem City Council shall meet regularly at the City Hall on the second Monday of each month at the hour of 7:00 P.M. unless some other time and place shall be specifically fixed by the Council.  The Council shall meet in addition thereto, as often as required by Section 40-08-10 of the North Dakota Century Code.

	1.0202  Special Meetings

	Special meetings may be called at any time by the Mayor, or any two (2) members of the governing body to consider matters mentioned in the call of such meetings.  Written notice of any special meeting shall be given to each member of the governing body at least three hours before the time of the meeting

	1.0203  Meeting to be Public - Journal of Proceedings to be Kept

	All meetings of the governing body shall be open to the public, and a journal of its proceedings shall be kept.  Notice of the regular meeting time or of special meeting shall be given as provided by Section 44-04-20 of North Dakota Century Code and amendments thereto.

	1.0204  Quorum

	The provisions of Section 40-06-03 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	A majority of the members of the governing body of a municipality shall constitute a quorum to do business but a smaller number may adjourn from time to time.  The governing body may compel the attendance of absentees under such penalties as may be prescribed by ordinance, and may employ the police of the municipality for that purpose.

	1.0205  Reconsidering or Rescinding Votes at Special Meeting

	The provisions of Section 40-06-04 of the North Dakota Century Code and all subsequent amendments shall be and hereby are incorporated by reference in this ordinance.

	No vote of the governing body of a municipality shall be reconsidered or rescinded at a special meeting unless there is present at such special meeting as large a number of members as were present when such vote was taken.

	1.0206  Rules and Order of Business

	Rules and order of business for the parliamentary government of the governing body shall be governed by Robert's Rules of Order.

ARTICLE 3 - Elective Officers

	1.0301  City Council - Who Constitutes

	The governing body of the City of New Salem shall be the City Council which shall be composed of the Mayor of the City of New Salem, six Aldermen, a Municipal Judge and five Park Board Members.  The Mayor, six Aldermen and five Park Board Members shall be elected as provided by law.

	1.0302  Term of Office of Aldermen

	Aldermen shall hold office for four years and until their successors are elected and qualified.  Terms of Aldermen shall be arranged so that only one-half of the Aldermen shall be elected in any one election.

	Each Alderman shall receive compensation for his/her services as Alderman in the sum of Fifty Dollars ($75.00) per regular meeting actually attended and Ten Dollars ($10.00) per special meeting actually attended, not to exceed Seventy-Five  Dollars ($75.00) in any one month.

	1.0303  Mayor - Qualifications - Term

	The chief executive officer of the city is the Mayor.  He shall be a qualified elector within the city and shall hold his office for four years and until his successor is elected and qualified.

	The Mayor shall receive compensation for his services as Mayor for meetings actually attended in the sum that equals One Hundred Fifty Percent (150%) of the amount paid to an Alderman for meetings actually attended.  The Mayor’s compensation shall not be changed during his term in office.

	1.0304  When President and Vice President of a Council are Elected

	The provisions of Section 40-08-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.  At the organization meeting in each even numbered year, the members of the City Council shall proceed to elect from their number a President office until his successor is elected at the organization meeting following the next biennial election.

	1.0305  Vacancies on Council or in Office of Mayor - How Filled

	If a vacancy occurs in the office of Alderman by death, resignation, or otherwise, City Council may call a special City Election to fill such vacancy for the unexpired term or may, after fifteen days of the date of such vacancy appoint a person to fill such vacancy until the next City Election, at which election the unexpired term shall be filled.  Upon petition of five percent of the electors, as determined by the total number of votes cast in the last general election, the council shall call a special election to fill a vacancy occurring more than six months before the next city election, provided such petition has been submitted within fifteen (15) days and before 4:00 P.M. of the fifteenth (15th) day of the date of such vacancy.  If the petition is mailed, it shall be in possession of the Council or its representative before 4:00 P.M. on the fifteenth (15th) day after the vacancy occurs.

	If a vacancy occurs in the office of Mayor, the City Council may call a special City Election to fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy, elect one of its members to act as Mayor, the member so elected shall possess all of the rights and powers of the Mayor until the next election and until a Mayor is elected and qualified.  Upon petition of five percent of the electors, as determined by the total number of votes cast in the city in the last General Election, the Council shall call a special election to fill a vacancy occurring more than six months prior to the next city election, provided such petition is submitted within fifteen days of the date of such vacancy.  During the interim 
between date when a vacancy occurs in the office of the Mayor and election and qualification of the successor, the President of the City Council shall be acting Mayor.

	1.0306  Absence or Disability of Mayor - Who to be Acting Mayor

	During the absence of the Mayor from the City or during his temporary disability, the President of the City Council shall be the acting Mayor and shall possess all of the powers of the Mayor.  In the absence or disability of the Mayor,  the President of the City Council shall be the acting Mayor.

	1.0307  Mayor to Preside at Council Meetings - Voting Power of Mayor

	The Mayor shall preside at all meetings of the City Council, but shall not vote except in case of a tie, when he shall cast the deciding vote.

	1.0308  Mayor May Remove Appointive Officers - Reasons for Removal to be Given

	The Mayor may remove any office appointed by him whenever he is of the opinion that the interests of the City demands such removal, but he shall report the reasons for such removal to the Council at its next regular meeting.

	1.0309  Mayor May Suppress Disorder and Keep Peace

	The Mayor may exercise within the city limits the powers conferred upon the Sheriff to suppress disorder and keep the peace.

	1.0310  Release of Prisoners by Mayor - Report to Council

	The Mayor may release any person in prison for violation of any city ordinance and shall report such release, with the cause thereof, to the City Council at its first session thereafter.
				
	1.0311  Mayor to Perform Duties Prescribed by Law - Enforced Laws and Ordinances

	The Mayor shall perform all duties prescribed by law or by the City Ordinances, and shall see that the laws and ordinances are faithfully executed.

	1.0312  Inspection of Books, Records and Papers of City by Mayor

	The Mayor, at any time, may examine and inspect the books, records, and papers of any agent, employee, or officer of the City.

	1.0313  Ordinance or Resolution Signed or Vetoed by Mayor

	The Mayor shall sign or veto each ordinance or resolution passed by the Council.

	1.0314  Message to Council

	The Mayor annually and from time to time shall give the Council information relative to the affairs of the City and shall recommend for consideration such measures that he may deem expedient.

	1.0315  Mayor Shall Call on Inhabitants to Aid in Enforcing Ordinances

	When necessary, the Mayor may call on the inhabitants of the City over the age of eighteen years to aid in the enforcing of the laws and ordinances of the City.

	1.0316  Police Chief and Policemen Appointed by Mayor

	The Mayor may appoint any number of Policemen which he and the City Council may deem necessary to preserve the peace of the City, and he shall appoint one of the number as Chief of Police.  Such appointment shall be subject to approval of the Council.

	1.0317  Mayor May Administer Oath

	The Mayor of the City may administer oaths and affirmations.

ARTICLE 4 - Elective Officers Other Than Governing Body

	1.0401  Municipal Judge

	There shall be elected each four years a municipal judge who shall hold office until his successor is elected and qualified.  The municipal judge shall perform all the duties prescribed by law and the ordinances of this city.  He shall receive an annual salary as full compensation for all services rendered.

	1.0402  Report to New Salem City Council

	It shall be the duty of the municipal judge to make a full report under oath, of all proceedings in the actions or matters before him in the City of New Salem is a party, or interested therein, to the governing body of the City of New Salem, at the close of each month.  Until such report has been filed with the City Auditor, no salary shall be paid the judge for such work.

	1.0403  Contents of Report

	Such report shall contain the names of the parties to such action or proceeding, a statement of all orders made, whether the defendants be committed, fined or released from custody, the judgment, the extent thereof, the costs, the amount of costs and fine paid, if any, with the disposition thereof, together with an itemized account of any fees of all officers and witnesses and the names of each, the name of each person making the complaint, and the nature and date thereof.

	1.0404  Receipt to Accompany Report

	This report will be accompanied by the duplicate receipt or receipts of the City Auditor for the total amount of the fees and money so collected on behalf of the City.

	1.0405  Court Hours

	The municipal judge shall be in attendance at municipal court for the transaction of business that may come before him and shall devote the time necessary to handle and dispose of the business coming before him.

	1.0406  Duties of Municipal Judge

	Additional duties of the municipal judge shall be as provided by the provisions of Chapter 40-18 of the North Dakota Century Code and all amendments thereto.

ARTICLE 5 - Appointive Offices

	1.0501  Appointive Officers in Council Cities - Appointment of More Than One Assessor

	The Mayor, with the approval of the City Council, shall appoint the following officers:

		1.	City Auditor;
		2.	City Attorney;
		3.	City Engineer;
		4.	Such other officers as the City Council
			deems necessary and expedient.

	1.0502  Term of Appointive Officers

	The term of all appointive officers of the City operating under the Council form of government shall commence upon the organizational meeting in June unless otherwise provided by ordinance, and such officers shall hold their respective offices for two years, and until their successors are appointed and qualified.

	1.0503  Officers Commissioned by Warrant - City Auditor to Receive Certificate of Appointment

	All officers elected or appointed, except the City Auditor, Aldermen and Mayor, shall be commissioned by warrants signed by the Auditor and the Mayor or President of the City Council.  The Mayor shall issue a oath of office to the Auditor.

	1.0504  General Duties of City Auditor

	It shall be the duty of the City Auditor to issue the calls for all special meetings of the City Council when requested to do so by the Mayor or any two (2) members of the City Council.  He shall also keep a full and complete record of all meetings of the City Council and shall keep a book to be styled the "Ordinance Book" and shall record therein at length all ordinances of the city.  He shall also keep a book to be styled the "Special Assessment Book" in which he shall keep all records of special assessments.  All such books shall have full and complete indexes of the contents thereof.  He shall report to the City Council at the end of every month a list of all warrants, interest coupons, bonds, or other evidence of indebtedness which may have been redeemed or paid by him during the month and he shall duly give to the Council a copy of his receipt therefore.  He shall further handle all correspondence, permits, and licenses and shall do and perform each, every and all duties and things prescribed for him to do by statutes of this state, or by an ordinance, resolution, or proper instruction of the City Council.

	1.0505  General Duties of City Attorney

	The City Attorney shall conduct all the law business of the city and of the departments thereof, and all law business in which the city shall be interested; he shall, when requested, furnish written opinions upon the subjects submitted to him by the City Council, or any other department.  It shall also be his duty to draft all ordinances, bonds, contracts, leases, conveyances and such other instruments as may be required by the officers of the city;  to examine and inspect tax and assessment rolls and all other proceedings in reference to the levying and collection of taxes and to perform each and every and all duties and things prescribed by him to do by statutes of the state, or by an ordinance, resolution or proper instruction of the City Council.

	1.0506  General Duties of Other Appointive Officers

	All other appointive officers shall perform such duties as directed by the New Salem City Council, directed by these ordinances, or directed or authorized by the Laws of the State of North Dakota.

ARTICLE 6 - Special Provisions Regarding City Officers

	1.0601  Bonds of Municipal Officers and Employees

	The following officers and employees of the City of New Salem shall be bonded in the sums as hereinafter set forth:

Mayor
City Auditor
Municipal Judge
City Assessor

Said officers or employees shall be bonded in accordance with the provisions of Section 40-13-02 of the North Dakota Century Code.

	1.0602  Oaths of Municipal Officers

	Every person appointed to any municipal office, before he enters upon the discharge of the duties thereof, shall take and subscribe the oath of office prescribed for civil officers and, except in the case of the treasurer and auditor, shall file the same with the City Auditor within 10 days after notice of his election or appointment has been given.  The oath of the municipal treasurer and of the auditor shall be filed in the office of the County Auditor.  In addition, each alderman shall take an oath that he is not under any direct or indirect obligation to appoint or elect any persons to the office of policeman, fireman, or any other office, position or appointment under the city government.

	1.0603  Salaries of Officers Fixed by Ordinance - Diminution During Term Prohibited

	Any officer or employee of a municipality shall receive the salary, fees, or other compensation fixed by ordinance or resolution, and after having been once fixed, the same shall not be diminished to take affect during the term for which the officer was elected or appointed.

	1.0604  Salaries of City Officials and Appointive Officers

	Salary of City Officials and Appointive Officers, except as otherwise provided by law, shall be in such sums and amounts as may be, by resolution of the governing body, fixed from time to time.

	1.0605  Meals and Lodging - Amount Allowed

	Each elective or appointive officer, employee, representative, or agent of this City, or of any of its subdivisions, boards, or Councils may make claim and shall upon approval of such claim, be paid as an allowance for meals and lodging while engaged within this State, in the discharge of a public duty away from his normal working and living residence for all or any part of any quarter of a day at the rates specified by state law.

	Verifications of claims shall not be required for the first three quarters listed above and only a lodging receipt shall be required for the fourth quarter; provided however, the amount paid for such lodging shall not be required to be listed.

	Such persons engaged in travel without the State shall not claim a sum in excess of that allowed by state law a day for meals and in addition thereto actual lodging expenses.  Verification by receipt for such out-of-state travel expense shall be required only for lodging expense claimed.  Verification of any other type of expenses not prescribed by this section shall be by sworn statement and receipts shall be required for taxi or cab fares up to and including the sum of five dollars.

	Any person filing a false claim with the City of New Salem for mileage or expenses as herein permitted is guilty of an offense, and may be punished by a fine of not to exceed $500.00 and imprisonment not to exceed 30 days.
	 1.0606  Personal Interest in Contract by Public Officer - Prohibited

	No contract for the furnishing of supplies to the City, or buying of property from the City shall be entered into by any officer of the municipality, provided, however, that such contracts may be entered into with an officer of the City, if such contract is unanimously approved by other members of the governing body of the City by a finding unanimously adopted by such other members, and entered in    the official minutes of the governing body, to be necessary for the reason that the services or property are not otherwise available at equal cost.

	1.0607  Retiring Officer to Turn Over Books

	Any person having been an officer of the City shall, within five days after notification and request, deliver to his successor in office, all property, books and effects of every description in his possession belonging to the City or  appertaining to his office; and upon his refusal to do so, shall be liable for all damages caused 
thereby, and guilty of an offense and may be punished by a fine of not to exceed $500.00 and imprisonment of not to exceed 30 days.

	1.0608  Administrative Policy and Procedure

	PERFORM DUTIES.  Each Officer Shall:

1.	Perform all duties required of his office by law or ordinance and such other duties not in conflict as may be required by the governing body.

2.	Be immediately responsible to the governing body for the effective administration of their departments and all activities assigned thereto.

3.	Keep informed as to the latest practices in their particular field and shall inaugurate with approval of the governing body such new practices as appear to be of benefit to the service and to the public.

4.	Submit such reports of activities of his department as the governing board may request.

5.	Be responsible for the proper maintenance of all City property and equipment used in his department.

6.	Establish and maintain records in sufficient detail to furnish all information needed for proper control of department activities and to form a basis for reports to the governing board.

7.	Cooperate with other officers, departments and employees.

8.	Have power to direct and supervise all subordinates under him.

	1.0609  Obstructing a Public Official - Prohibited

	Every person who willfully delays or obstructs a public officer in the discharge or attempt to discharge any duty of his office shall be guilty of an infraction.  Upon conviction, for a violation of this section, such person shall be fined not more than $500.00.

ARTICLE 7 - Purchasing and Disposition of Property

	1.0701  Competitive Bidding Requirements

	All purchase of and contracts for supplies and contractual services, and all sales of property which has become obsolete or unusable shall, except as otherwise provided herein, 
be based, whenever possible, on competitive bids.

	1.0702  Procedure

	All supplies and contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000.00 shall be purchased from the lowest responsible bidder after due notice inviting proposals.  Due notice shall be given by advertising for the sale or purchase of the property or service by giving written notice in a paper of general circulation within the municipality for two (2) successive weeks and the opening of the bids so received not less than 15 days after the first publication thereof.  All sales or disposition of obsolete or unusable property when the estimated value shall exceed $10,000.00 shall be sold to the highest responsible bidder.  The lowest responsible bidder, or the highest responsible bidder, shall be the bidder who in addition to price, has the best ability, capacity and skill to perform the contract or provide the service required promptly or within the
specified time without delay or interference.  There shall also be considered character, integrity, reputation, judgment, experience and efficiency of the bidder, the qualify of performance of previous contracts, sufficiency of financial resources, and previous and existing compliance with state laws and city ordinances.

	1.0703  Open Market Purchases

	All purchases and contractual services and all sales of property which has become obsolete or unusable of an estimated value of less than $1,000.00 or all supplies and services of a non-competitive type or kind, or purchases or sales between governmental bodies, or when in the opinion of the New Salem City Council an apparent emergency requires   immediate purchase of supplies or contractual services, shall be made or obtained in the open market without competitive bidding.

	1.0704  Accounts Against City to be in Writing and Verified

	Accounts, claims and demands against the City of New Salem, North Dakota, for any property or services for which said city shall be liable, shall be reduced to writing in items and the claimant shall verify the same in the manner hereinafter set forth.

	1.0705  Form of Verification

	The claimant shall execute a verification printed on vouchers to be furnished by the City Auditor and reading as follows:

"Verification.  I do hereby certify that the within bill, claim, account, or demand is just and true; that the money therein charged was actually paid for the purpose therein stated; that the services therein charged were actually rendered and of the value therein charged, and that no part of such bill, claim, account or demand, has been paid; and that the goods therein charged were actually delivered and were of the value charged.

					Signed:_______________________

					______________________________
					(If signed for a firm or company,
					 show authority on this line)"

	1.0706  Further Verification May be Required

	It is hereby provided that any officer of the City Council before whom any bill, claim, account, or demand against the city shall come for audit and approval may, if deemed necessary in his or their discretion, require to be furnished a statement made under oath, containing such other information as is deemed necessary for the further verification of any bill, claim, account or demand against the City, or any of its undertakings.

	1.0707  Blank Forms to Have Verification Printed Thereon

	All blank voucher forms for bills, claims accounts, and demands against the City shall have printed thereon the language of Section 1.0705.

 	1.0708  Conveyance, Sale, Lease or Disposal of Property

	Real property belonging to the municipality shall be conveyed, sold, leased, or disposed of, only as approved of by a two-thirds vote of all members of the governing body.  Instruments affecting such conveyance, sale, lease or disposal shall be valid only when duly executed by the Mayor of the City of New Salem, North Dakota, and attested by the City Auditor.  Personal property shall be conveyed by a majority vote of all members of the governing body.  When the property to be disposed of, whether real property or personal property is estimated, by the governing body of the municipality to be of a value of less than $2,500.00, such property may be sold at private sale upon the proper resolution of the governing body.  In all other cases, such property may be sold only at public sale.  Bids for the purchase or lease of real property belonging to the municipality, whether or not advertisement therefore has been made, shall be made directly to the governing body and submitted to the City Auditor, who shall present any and all such bids to the governing body at its next regularly scheduled meeting.  when specific statutory provisions contained in the North Dakota Century Code provide for a procedure which is in conflict with this section, governing the conveyance, sale, lease or disposal of real property, the section shall not apply insofar as it is in conflict with such state law.  Said statutory procedures are as follows:

1.	Lease or airports or landing fields, or portions thereof shall be under authority granted in Section 2-02-16, NDCC.  Said lease shall further be in compliance with regulations and directives of appropriate federal agencies.

2.	Conveyance of right of way for any state highway shall be as provided in Section 24-01-46, NDCC.

3.	Leasing of oil and gas lands shall be as provided in Sections 38-09-02 through 39-09-04 and Sections 38-09-14 through 38-09-20, NDCC.

4.	Conveyance of property to a municipal parking authority shall be as provided in Section 40-61-05, NDCC.

5.	Lease of public buildings or portions thereof shall be as provided in Chapter 48-08, NDCC.

6.	Granting of concessions for cafes, restaurants, and confectioneries in public buildings or on public grounds shall be as provided in Chapter 48-09, NDCC.

7.	Granting of right-of-way for a railway, telephone lines, electric light system, or a gas or oil pipeline system shall be as provided in Section 49-09-16, NDCC.

	1.0709  Real Property Transfer Requirements

	The provisions of Section 40-11-04.1 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

ARTICLE 8 - Municipal Elections

	1.0801  Qualified Electors in Municipal Elections - Restrictions

	The provisions of Section 40-21-01 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	Every resident of a municipality who is qualified to vote therein at general elections may vote at all municipal elections held therein.  When elections are held by wards or precincts, no person may vote in any place other than the ward or precinct of which he is a resident.

	1.0802  Elections in Council Cities - Polling Places - Polls Open - Notice - Judges, Clerks and Inspectors

	The provisions of Section 40-21-03 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in to this ordinance.

	Biennial municipal elections in cities operating under the Council form of government shall be held on the first Tuesday in June in each even numbered year at such place or places as the City Council shall designate.  The City Council shall designate one polling place only.  The polls shall be opened and closed as provided by state law for the opening and closing of polls at primary, general, and special 
elections.  Ten days notice of the time and place of holding each election and offices to be filled thereat shall be given by the City Auditor by publication in the official newspaper of the City as provided by Section 40-01-09.  For all general city elections the City Council shall appoint one inspector at least twenty-one days before the election is held, and two judges and two clerks of election at least ten days before the election is held.  For special city elections the City Council shall appoint one inspector, two clerks and two judges of election at least ten days before the election is held.  For any city election in which seventy-five or fewer votes were cast in the last city election, the City Council may appoint one inspector, one clerk and one judge.

	1.0803  Designation of Polling Places for Municipal Elections

	The governing body of the City, at the time of calling any general or special municipal election, or prior to the time of registration for said election, if said registration is required by law, shall by resolution, designate such voting precincts and polling places for said election as it may deem necessary for the conduct of the same, and shall, in giving notice of said election, designate such voting precincts and polling places.

	1.0804  Compensation of Inspectors, Judges and Clerks at Municipal Elections

	The provisions of Section 40-21-05 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	Each inspector, judge or clerk of any regular or special municipal election shall receive compensation as determined for election officials in Section 16.1-05-05. The amounts determined to be due election officials at municipal elections shall be paid from the funds of the municipality holding the election.  In the event a special municipal election is held on the same date as a statewide, districtwide or countywide election, and if the same election officials perform services for both elections, the city shall not be required to pay the elections officials, except for any extra officials necessary for such special municipal election.
	1.0805  Reference to Party Ballot or Affiliation in Petition of Candidate for Municipal Office - Prohibited - Principals Stated

	The provisions of Section 40-21-06 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	No reference shall be made to a party ballot nor to the party affiliation of a candidate in a petition to be filed by or in behalf of a candidate for nomination to a public office in any incorporated city in this state.  Such candidate may state or have stated after his name in any such petition, in not more than twenty words, any particular principle or principles of local administrative policy or policies he stands for and seeks election to promote.

	1.0806  Petition for Nomination of Elected Official in Municipalities - Signatures Required - Contents

	The provisions of Section 40-21-07 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	A candidate for any public office in an incorporated city may be nominated by filing with the city auditor, at least thirty-three days and before four p.m. on the thirty-third day prior to the holding of the election, a petition signed by not less than ten percent of the number of qualified electors who voted for that office in the last city election.  Signers of a petition shall reside within the ward or precinct in and for which such officer is to be elected, if the election is by wards, or within the corporate limits of the city if the officer is elected at large.  In cities operating under the Council system of government the required petition may be signed by the electors at large residing within the city.  If a petition is mailed it shall be in the possession of the city auditor before four p.m. on the thirty-third day prior to the 
holding of the election.  In no case shall more than three hundred signatures be required, and such signatures may be on separate sheets of paper.  Each signer of such petition shall add to his name his mailing address.

	1.0807  Ballots in Municipalities - Makeup

	The provisions of Section 40-21-08 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	The auditor of the city shall place only the names of the persons nominated upon the ballot.  Opposite or immediately below the names of each candidate on the ballot shall be placed the statement, in not more than twenty words, of the principle or principles which he seeks to promote.  Such statement shall be set forth in the manner in which it appeared in the petition or petitions filed by or on behalf of such candidate, and in such manner as readily   

to inform the voter of the policy or policies upon which such candidate seeks election.  The auditor shall arrange the offices upon the ballot in the order in which they are named in the statutes.  The arrangement of the names of the candidates upon the ballot shall be determined by lot by such auditor in the presence of the candidates or their representatives at noon on the day following the last day for the filing of the nomination papers.

	1.0808  Clerks Appointed to Fill Vacancies - Oath - Powers and Duties of Judges and Clerks of Municipal Elections

	The provisions of Section 40-21-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	When necessary, the judges of election at a municipal election shall appoint clerks to fill vacancies.  The judges and clerks of a municipal election shall take the same oath and have the same powers and authority as judges and clerks of general state elections.

	1.0809  Counting Ballots - Returns - Canvass of Returns by Governing Body of Municipality

	The provisions of Section 40-21-12 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	The ballots cast in a municipal election shall be counted and the returns of the election prepared by the election board immediately after the closing of the polls. The ballots and the returns of the election shall be returned to the city auditor under seal within two days and before four o'clock p.m. on the second day after the election.  Thereafter, the governing body of the municipality or its designee shall canvass the returns and declare the result of the election and cause a statement thereof to be entered in its books of minutes.

	1.0810  Municipal Elections to be Governed by Rules Applicable to County Elections - Absent Voting

	The provisions of Section 40-21-13 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	The manner of conducting, voting at, keeping poll lists, and canvassing votes at municipal elections and contests of the results of such elections shall be governed,  as nearly as possible and except as otherwise provided in this chapter, by the laws of this state applicable to elections and contests in the case of county officers.  Absent voters' ballots may be used in municipal elections in accordance with the provisions of Chapter 16-18, as amended.

	1.0811  City Auditor to Notify of Election or Appointments

	The provisions of Section 40-21-14 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	The city auditor, within five days after the result of an election is declared or the appointment of an officer is made within the municipality, shall notify each person elected or appointed to municipal office of his election or appointment.

	1.0812  New Election Upon Failure to Elect

	The provisions of Section 40-21-15 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	If there is a failure to elect an officer required to be elected, the governing body of the municipality may order a new election.

	1.0813  Special Elections Conducted in Same Manner as General Elections

	The provisions of Section 40-21-16 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	Special municipal election to fill vacancies or for any other purpose shall be held and conducted by the inspectors and judges of election of several precincts in the same manner and the returns shall be made in the same form and manner as at regular municipal elections.

	1.0814  Highest Number of Votes Elects in Municipal Election - Procedure on Tie Vote

	The person having the highest number of votes for any municipal office shall be declared elected to such office.  In case of a tie vote in the election of any municipal officer, the choice shall be determined by a coin flip in the presence of the governing body of the municipality and in such manner as it shall direct.

CHAPTER TWO

ORDINANCES

ARTICLE 1 - Procedure

2.0101  Enacting Clause for Ordinances
2.0102  Procedure in Passing Ordinances
2.0103  Yea and Nay Vote on Passage - When Required
2.0104  Reconsideration or Rescinding Vote
2.0105  Publication of Ordinances
2.0106  Effective Date of Ordinances
2.0107  Effect of Repeal
2.0108  Enactment and Revision of Ordinances
2.0109  Action for Violation of Ordinance in Corporate
	   Name - Previous Prosecution - Recovery or
	   Acquittal - No Defense
2.0110  Summons to Issue on Violation of Ordinance -
	   When Warrant of Arrest to Issue
2.0111  Commitment of Guilty Person for Non-payment of
	   Fines or Costs
2.0112  Costs of Prosecution
2.0113  Judgment of Conviction
2.0114 Community Service
2.0115  Refusal to Perform Community Service
2.0116  Fines and Forfeitures for Violation of 
	   Ordinances Paid into Municipal Treasury
2.0117  Deferring or Suspending Sentence

CHAPTER TWO

ORDINANCES

ARTICLE 1 - Procedure

	2.0101  Enacting Clause for Ordinances

	The enacting clause for every ordinance adopted by the City of New Salem shall be "Be it ordained by the City Council of the City of New Salem."  Such caption, however, may be omitted where the ordinances are published in book form, or are revised and digested.

	2.0102  Procedure in Passing Ordinances

	All ordinances shall be read twice and the second reading and final passage shall not be had in less than one week after the first reading.  After the first reading and before final passage, an ordinance may be amended.  Except as otherwise specifically provided, a majority of all of the members of the governing body must concur in the passage of an ordinance, and in the creation of any liability against the city, and in expending and in appropriating money.

	2.0103  Yea and Nay Vote on Passage - When Required

	The yea and nay shall be taken and entered on the journal of the governing body's proceedings upon the passage of all ordinances and upon all propositions creating any liability against the City, or providing for the expenditure or appropriation of money, and in all other cases at the request of any member.  The member of the governing body who passes his vote or who remains silent when the roll call on the vote is taken, shall be deemed to have voted yea, and a record of yea shall be entered in the journal.

	2.0104  Reconsideration or Rescinding Vote
 
	No vote of the governing body shall be reconsidered or rescinded at a special meeting unless at such special meeting there is present as large a number of members as was present when such vote was taken.

	2.0105  Publication of Ordinances

	The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment, or forfeiture for violation of its provisions after the final adoption of such ordinance, shall be published in one issue of the official paper of the municipality.

	2.0106  Effective Date of Ordinances

	Ordinances finally approved by the governing body of a municipality and which require publication shall take effect and be in force from and after the publication thereof, unless otherwise expressly provided in the ordinance.  Ordinances which do not require publication shall take effect and be in force from and after the final approval thereof unless otherwise expressly provided therein.

	2.0107  Effect of Repeal

	When any ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided.

	2.0108  Enactment and Revision of Ordinances

	The provisions of Section 40-11-09 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	The executive officer of a municipality may appoint, by and with the advice and consent of the governing body of the municipality, one or more competent persons to prepare and submit to the governing body for its adoption or rejection, an ordinance for the revision or amendment of existing ordinances or for the enactment of new and additional ordinances for such municipality.  The attorney for the municipality, if it has an attorney, shall be appointed as one of the persons to prepare and submit such ordinance.  The compensation of the revisor or revisors, including that of the attorney, shall be determined by the governing body and shall be paid out of the municipal treasury.  Such revision, including any additional ordinances and amendments to existing ordinances contained therein, may be passed as a single ordinance and may be published in pamphlet or book form, by and under the authority of the governing body of the municipality, and shall be valid and effective without publication in a newspaper or posting.

	2.0109  Action for Violation of Ordinance in Corporate Name - Previous Prosecution - Recovery or Acquittal - No Defense

	The provisions of Section 40-11-10 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	Any action brought to recover any fine, to enforce any penalty, or to punish any violation of an ordinance of any municipality shall be brought in the corporate name of the municipality as plaintiff.  A prosecution, recovery or acquittal for the violation of any such ordinance shall not constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, notwithstanding that the different causes of action existed at the time of the previous prosecution and if united, would not have exceeded the jurisdiction of the court.

	2.0110  Summons to Issue on Violation of Ordinance - When Warrant of Arrest to Issue

	The provisions of Section 40-11-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	In all actions for the violation of an ordinance, the first process shall be a summons, but a warrant for the arrest of the offender shall be issued upon the sworn complaint of any person that an ordinance has been violated and that the person making the complaint has reasonable grounds to believe the person charged is guilty of such violation.  Any person arrested under a warrant shall be taken without unnecessary delay before the proper officer to be tried for the alleged offense.

	2.0111  Commitment of Guilty Person for Non-payment of Fines or Costs

	The provisions of Section 40-11-12 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in Section 40-18-12.  The court may not commit a person under this section when the sole reason for his nonpayment of fine or costs, or both, is his indigence.  An order of commitment under this section shall not be for a period in excess of thirty days.  As used in this section, "fine" does not include a fee established pursuant to subsection 2 of Section 40-05-06.

	2.0112  Costs of Prosecution

	In every case of conviction of a violation of any ordinance, or any part thereof, the cost of prosecution shall be assessed against the person convicted as part of the punishment.

	2.0113  Judgment of Conviction

	In all trials for offenses under the ordinances of the City of New Salem, if the defendant is found guilty, the municipal judge shall render judgment accordingly.  It shall be a part of the judgment that the defendant stands committed until such judgment is complied with, and, at the discretion of the municipal court, he may be required to perform community service.

	2.0114 Community Service Authorized

	If, in the opinion of the Court, a person to be sentenced is capable of performing community service, such Court may sentence such person to community service.

	2.0115  Refusal to Perform Community Service

	Any person refusing to perform community service in accordance with the sentence of the Court shall be deemed in contempt of Court and shall be punished accordingly.  No credit shall be allowed such person on account such fines and costs for the date or days that such person refuses to perform community service, in accordance with the sentence of the Court.

	2.0116  Fines and Forfeitures for Violation of Ordinances Paid into Municipal Treasury

	All fines, penalties and forfeitures collected for offenses against the ordinances of the City of New Salem, including those fines, penalties and forfeitures collected as a result of a judgment of a district court rendered pursuant to 40-18-19 N.D.C.C., must be paid into the city’s treasury when collected.

	2.0117  Deferring or Suspending Sentence

	The municipal judge may, in his discretion, upon the conviction of any person of any offense against any of the ordinances of the City of New Salem, then and there impose a  sentence of imprisonment as may be regulated by such ordinances, or defer imposition of sentence or suspended the sentence imposed on such person for a period of not to exceed ninety (90) days from the date of such conviction; and may during such period, allow the defendant to go upon his own recognizance, or upon such bail as may be regulated by law or the ordinances of said City, or may suspend or defer such sentence upon such terms and conditions as the Judge may prescribed; and may, in his discretion, at or before the expiration of such period, have the defendant brought before him and commit such defendant or cause such sentence of imprisonment to be then and there imposed and executed in like manner, so far as applicable, as may be provided by law or the ordinance in cases where the commitment and imposition of the sentence of imprisonment is not deferred or suspended and may then and there forthwith commit such defendant and require that such sentence of imprisonment be executed and carried out.

CHAPTER THREE

PUBLIC PLACES AND PROPERTY

3.0101	Specifications 
3.0102	Construction and Repair - Permits
3.0103	Specifications 
3.0104	Duty of Owner to Maintain 
3.0105	Application for Permit 	
3.0106	Standards for Issuance of Permit 	
3.0107	Sidewalks Built to Grade Specifications 	
3.0108	Materials and Manner of Construction 	
3.0109	City Contractor 	

ARTICLE 2 - Use and Care of Streets, Sidewalks and Public Places

3.0201	Obstructions 
3.0202	Destruction of City Property - Prohibited -
			Penalty 
3.0203	Encroachments 
3.0204	Openings 
3.0205	Wires 
3.0206	Littering - Prohibited 	
3.0207	Dumping at Landfill While Unattended - 
			Prohibited 
3.0207.1	Landfill Designated as Inert Site 
3.0208	Littering or Dumping at Landfill - Penalties	
3.0209	Burning 
3.0210	Distributing Hand Bills, Etc . 
3.0211	Heavy Vehicles 
3.0212	Removal of Snow and Ice from Sidewalk 
3.0213	Removal of Snow and Ice by City 
3.0214 	Cutting or Maintaining the Grass, Trees or Weeds by City 
3.0215 	Maintenance of Boulevard Trees 
3.0216 	Bushes, Shrubs or Trees Within Alley 
3.0217 	Placement of Boulevard Trees and Shrubs 
3.0218	Same:  Assessments by Councilor of Street	
			When Work is Done by City 	
3.0219	Same:  Assessments, Publication by Auditor,
	    	Hearing by City Council 
3.0220 	Commercial and Advertising Signs 
3.0221	Street Cleaning - Snow Removal 
3.0222	Same:  Notice 
3.0223	Impounding 	
3.0224	Blocking Streets 

ARTICLE 3 - Unclaimed and Abandoned Property

3.0301	Unclaimed and Abandoned Property - Defined 
3.0302	Same:  Seizure of
3.0303	Same:  Holding - Notice of Sale 
3.0304	Same:  Report of Sale 
3.0305	Same:  Bill of Sale 
3.0306	Same:  Proceeds of Sale 
3.0307	Same:  Redemption
3.0308	Annual Report	

 

CHAPTER THREE

PUBLIC PLACES AND PROPERTY

ARTICLE 1	Construction and Repair

	3.0101   Supervision   All construction maintenance and repair of public streets, alleys, sidewalks and other public ways shall be under the supervision of the city engineer or councilor of streets and public improvements.  He shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinance.

	3.0102 Construction and Repair - Permits  It shall be unlawful to construct, reconstruct, alter, grade or repair any public street, sidewalk, driveway, curbs or gutters without having first secured a permit therefore, unless said work is performed by the city contractor.  Applications for such permits shall be made to the Zoning Director and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work.  No such permits shall be issued except where the work will conform to the ordinances of the city.

	3.0103   Specifications All construction, maintenance and repair herein shall be made in conformity with specifications laid down or approved from time to time by the governing body.

	3.0104  Duty of Owner to Maintain It shall be the duty of the owner of any property along which a sidewalk has been constructed to maintain the same in good repair and safe condition.  Should any such owner fail so to maintain such sidewalks the City Engineer or Street Councilor shall direct him to make such repairs as may be necessary to restore such sidewalk to a safe condition.  Should he fail, within a reasonable time, to follow the directions of the City Engineer or Street Councilor, the City Engineer or Street Councilor shall report the facts to the governing body who shall then proceed, as provided in the laws of the State of North Dakota, Chapter 40-29 of the N.D.C.C.

	3.0105  Application for Permit An applicant for a permit hereunder shall file with the City Auditor an application showing:

1.	Name and address of the owner, or agent in charge, of the property abutting the proposed work area.

2.	Name and address of the party doing the work.	

3.	Location of the work area.

4.	Attached plans or sufficient sketches showing details of the proposed alterations.

5.	Estimated cost of the alterations.

6.	Such other information as the City Engineer or Street Councilor shall find reasonably necessary to the determination whether a permit should be issued hereunder.

	3.0106 	Standards for Issuance of Permit
The City Engineer or Street Councilor shall issue a permit hereunder when he finds:

1.	That the work will be done according to the standard specifications of the City for public work of like character.

2.	That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from the property affected and adjacent properties.

3.	That the health, welfare and safety of the public will not be unreasonably impaired.

	3.0107  Sidewalks Built to Grade Specifications
All sidewalks shall be constructed in accordance with the elevations and grade therefore to be furnished by the City Engineer and shall be constructed under his direction and supervision or under the direction and supervision of the Street Councilor.  All sidewalks shall meet the following requirements:

1.	All sidewalks shall be constructed of concrete.

	2.	All sidewalks in residential areas shall be constructed not less than five (5) feet in width and shall have a minimum slope one-fourth (1/4th) inch per foot from the inside edge toward the street.

3.  All sidewalks shall be of concrete and of at least  four (4) inches in thickness.
										
	4.	All sidewalks shall be laid out as follows:

			a 	In locations where the right-of-way is sixty (60) feet or less the sidewalks shall be constructed on the property line.

	b.	In locations where the right-of-way is greater than sixty (60) feet the sidewalk shall be constructed eighteen (18) inches out from the property line.

	c.	In no case in the residential district shall the sidewalk be constructed adjacent to the curb unless right-of-way and topographic features require it.

	d.	Notwithstanding any other provision herein all sidewalks shall be set out so that they are in conformity with existing sidewalks to which they may attach.

5.	All sidewalks in commercial and/or industrial districts shall be constructed from the property line to the back of the curb and the width of sidewalk shall be governed by the width of street section; provided however, in areas where commercial development is not complete the entire sidewalk need not be constructed, a section six (6) feet in width adjacent to the curb shall be constructed thus leaving an area for structural foundations.

	3.0108 	Materials and Manner of Construction
The kind and quality of material of which, and the manner in which driveways, curb and gutter, relaying of block walks and paving repairs shall be constructed shall be determined by the City Engineer.

	3.0109  City Contractor   The City Auditor shall receive bids for the construction of sidewalks, driveways, curb and gutter and paving repairs as the city may find necessary to have done.  Such bids shall be made upon blanks furnished by the City Engineer or Street Councilor and shall conform to specifications filed with the City Auditor by the City Engineer or Street Councilor and approved by the governing body.

All sidewalks, driveways, curb and gutter and alley returns lying between the property line and the abutting street hereafter constructed within the City of New Salem must conform to this chapter, and the specifications filed with the City Engineer, and approved by the governing body must specify the details with respect thereto.  When any contract for the construction of sidewalks, driveways, curb and gutter, relaying of block walks, and paving repairs is about to be entered into by the city in accordance with the provisions of the laws of this state, the contractor to whom any such contract shall be awarded shall be required, before such contract is entered into, to give in addition to the contract bond required by the laws of the State of North Dakota, an additional bond in an amount to be determined by the governing body, running to the City of New Salem, conditioned that said contractor shall maintain and keep in good repair, for a period of two (2) years from date of final acceptance all sidewalks, driveways, curb and gutter and paving repairs so constructed by such contractor under the terms of such contract, and that in case of default under the part of such contractor to so maintain and keep such improvements in good repair made by him for the said period of two (2) years, or in case they shall within said time begin to crumble or disintegrate or become cracked or broken to such an extent that, in the opinion of the City Engineer or Street Councilor, the same is not a satisfactory compliance with the specifications for the construction thereof, then the City Engineer or Street Councilor may direct that such sidewalks, driveways, curb and gutters or paving repairs be immediately repaired or relaid in whole or in part as he shall deem best, and the contractor shall immediately cause the same to be repaired or failure so to repair or to relay the same, the city at any time within said two (2) year period or thereafter, may cause the same to be repaired or relaid, and the cost thereof whether done by the city directly or through a contract, may be recovered against said contractor and the surety upon such bond.

ARTICLE 2	Use and Care of Streets, Sidewalks and 						Public Places

	3.0201  Obstructions   It shall be unlawful for any person, firm or corporation to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specified by ordinance or by the City Engineer or Councilor of Streets and Public Improvements.

It shall be a violation of this section to remove or cause to be removed snow from private property, driveways or sidewalks and placed upon any street, alley, sidewalk or other public way, after the snow has been removed from said street.

Any person violating the provisions of this section shall be guilty of an infraction and upon conviction thereof, shall be fined not less than Twenty-five and No/100 Dollars ($25.00), nor more than Five Hundred and No/100 Dollars ($500.00).

	3.0202 Destruction of City Property - Prohibited - Penalty   It shall be unlawful for any firm, person, or corporation to willfully and without just cause or excuse, to injure, deface or destroy any property owned by the City of New Salem or held by the City of New Salem for public use.  Any person violating the provisions of this section shall be guilty of an offense and be fined not less than Twenty-five and No/100 Dollars ($25.00), nor more than Five Hundred and No/100 Dollars ($500.00).
	3.0203  Encroachments   It shall be unlawful for any person to place or store any personal property or equipment or any item upon city property without permission of the governing body. It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.

	3.0204  Openings   It shall be unlawful to construct or maintain any opening or stairway in any public street or sidewalk or alley without a permit from the governing body.  All such lawfully maintained openings shall be guarded by a suitable strong cover or railing to be approved by the Councilor of Streets or the City Engineer or the official who supervises public improvements.

	3.0205  Wires   It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured permission from the governing body. 

Any person or company which maintains poles and wires in the streets, alleys or other public places, shall, in the absence of provisions in the franchise concerning the subject, keep such wires and poles free from and away from any trees and shrubs in such places as far as may be possible, and keep all such trees and shrubs near such wires and poles properly trimmed, subject to the supervision of the Councilor of Streets and Public Improvements, so that no injury shall be done either to the poles or wires or to the shrubs and trees by their contract.

	3.0206 Littering - Prohibited   No person, firm or corporation shall throw or deposit or cause to be thrown or deposited any garbage, glass, bottles, boxes or rubbish of any kind upon any street or alley in the City of New Salem, North Dakota.

	3.0207 	Dumping at Landfill While Unattended - Prohibited   No person, company, firm or corporation shall deposit or cause to be deposited any item of any kind at the landfill of the City of New Salem while said landfill is unattended.  Dumping is permitted only while city personnel are present or when authorized to do so by city personnel. 	

Said landfill shall be attended and open for public use at such times as the Board of City Councilors shall set and give notice of in the official newspaper of the City.  Fees for dumping at the landfill of the City of New Salem shall be set by Resolution.

	3.0207.1	Landfill Designated as Inert Site
The City of New Salem landfill is hereby designated as an inert site.  The following items shall not be deposited at said landfill: garbage, cardboard, paper, plastic, rubbish, dead animals, or any toxic materials.

	3.0208 	Littering or Dumping at Landfill - Penalties
Any person, firm, or corporation who shall violate the provisions of 3.0206 and 3.0207 or 3.0207.1 of this Article shall be guilty of an infraction and for each such violation shall be punished by a fine of not more than Five Hundred and No/100 Dollars ($500.00).   

	3.0209 Burning It shall be unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks or alleys in the City.

	3.0210 Distributing Hand Bills, Etc  The scattering throwing or placing of bills, posters, advertising matter, hand bills and other similar matter on lawns, porches, yards, sidewalks, steps, streets, alleys, public or private parking lots or upon any vehicle in the City of New Salem, by any person, firm, co-partnership, association or corporation, is hereby declared to be a nuisance and  unlawful.  Any such person or entity violating the provisions of this section shall be guilty of an infraction.

	3.0211  Heavy Vehicles   No person, firm or corporation shall move, or cause to be moved over the paved streets, sidewalks, crosswalks, culverts, bridges and viaducts within the City of New Salem, any engine, tractor, wagon, truck or other vehicle, object or thing which will tend to injure the paving, sidewalks, crosswalks, culverts, bridges or viaducts over which the same are transported, or which exceeds in weight, 8,000 pounds per axle or exceeds 375 pounds per inch of tire widths, or any vehicle to the wheels of which are attached spurs, bars, angle irons or cleats or any vehicle whose wheels or tracks are steel which will tend to mar or deface the paving, sidewalks, crosswalks, culverts, bridges or viaducts, except under the direction and permission of the governing body and, in addition thereto, shall pay or cause to be paid to said City, upon demand, any and all damages done to the paving, sidewalks, crosswalks, culverts, bridges or viaducts, provided that when the specified load limits herein contained will cause damage to the city's paved streets, the governing body by resolution adopted, and made public, may lower said load limits for such period of time it may deem necessary.  The provisions of this section shall not apply to state and federal highways through the city, and shall not apply to municipal or utility vehicles.

	The City shall designate truck routes and such routes shall be clearly marked as such. Any trucks or other vehicles exceeding the weights set forth above and not traveling upon the designated truck routes shall obtain a permit from the City Auditor or shall be guilty of an infraction and sentenced to a fine not exceeding $500.00. Trucks may not park on city streets, however tractors without trailers are exempt from this provision.

	3.0212 Removal of Snow and Ice from Sidewalk   It shall be, and hereby is declared to be, the duty of the owner or occupant of each commercial lot in the City of New Salem to remove from the sidewalk in front of or along the same, any ice or snow which forms, accumulates or obstructs such sidewalk, within twenty-four (24) hours after the ice forms or the snow ceases to fall thereon, provided, however, that where the ice accumulated is of such character as to make the removal thereof practically impossible, the sprinkling of ashes or sand thereon within the time specified for removal in such manner as to make such sidewalk safe for the travel of pedestrians thereon, shall be deemed a compliance with the provisions of this article.

	This section shall not apply to sidewalks in front of lots not joined by a sidewalk on adjoining lots, or where travel upon said sidewalk is improbable, or impractical. 

	3.0213  Removal of Snow and Ice by City   In case the owner of any lot in the city refuses or neglects to remove such ice from such sidewalk in front of or along a lot therein, the ice or snow therefrom within the same time above stated or refuses to sprinkle ashes or sand on the same within the time specified for removal in such manner as to make such sidewalk safe for travel of pedestrians thereon, the same may be removed by or under the direction of the City Engineer or Street Councilor of the city, or ashes or sand sprinkles thereon and the necessary expenses thereof shall be charged against the abutting property by special assessment thereof in the manner prescribed by law.

	3.0214 Cutting or Maintaining the Grass, Weeds or Trees by City  In case the owner of any lot or property in the city refuses or neglects to cut, rake or maintain the grass, weeds, leaves, trees or other such growth upon such lot or property after due notice to said owner the same may be cut by or under the direction of the City Engineer or Street Councilor of the city, the necessary expenses thereof shall be charged against the owners property by special assessment thereof in the manner prescribed by law. If trees are cut from the premises, the tree or portion pruned shall be removed from the property within a reasonable time.		
	3.0215 Maintenance of Boulevard Trees and Shrubs  All preexisting trees within 20 feet of the curb or curb corners, which obstructs a sidewalk or creates a traffic hazard by obstructing the view of an intersecting street, shall have all branches removed which are less than 7 feet in height above the ground.

	All preexisting bushes, hedges, shrubs or other such growth within 20 feet of the curbs and curb corners, which obstruct a sidewalk shall be trimmed to eliminate any such obstruction.  If any such growth is of a height sufficient to create a traffic hazard by obstructing the view of an intersecting street, it shall be trimmed to a height not to exceed 3 feet above the ground.

	3.0216	Bushes, Shrubs or Trees Within Alley  No bushes, shrubs, trees or other such growth, or structures, containers or personal property shall be placed upon or extend into the 20' City right of way within an alley.
	
	3.0217  Placement of Boulevard Trees and Shrubs  Trees, bushes, hedges shrubs and other such similar growth must be back 20 feet from the curbs and curb corners and back 10 feet from the rear of the lot or alley.

	3.0218  Notice and  Assessments to Property Owner When Work Done By City   Whenever the Councilor of Streets finds, pursuant to section 3.0213, 3.0213.1, 3.0213.2, 3.0213.3 and 3.213.4 of this article, that a property owner is in violation; notice shall be given to the property owner and they shall have ten (10) days within which to bring the violation into compliance.  If the property owner fails to bring said violation into compliance, the councilor of Streets shall remove or cause to be removed or maintain or caused to be maintained any item or property found to be in violation and shall assess such costs against the property and on or before the first day of May in each year, make and file in the office of the City Auditor a list of the property chargeable with such expense, the actual cost and expense of such removal or maintenance and a description of the lots or parcels of land from which the removal or maintenance was done.

	3.0219  Same:  Assessments, Publication by Auditor, Hearing by City Council  The City Auditor shall give notice by publication in the official newspaper of the hearing and confirmation of such report and assessment at the regular June meeting of the City Council, notifying all persons objecting thereto to appear and present their objections, such notice shall be published twice, once in each week's issue for two (2) consecutive weeks, the last publication to be not less than eight (8) days before the time fixed for the hearing.  At the June meeting of the City Council or at such later meeting as the hearing and confirmation of such assessment may be adjourned to, the City Council shall take up and consider said assessment and shall hear any objections thereto or to any part thereof, and after revising and correcting the same; the City Auditor shall thereupon attach to such list his certificate that the same is correct as confirmed by the City Council and shall thereupon file said assessment list in his office as provided by law, and such assessment shall be certified to the County Auditor by the City Auditor at the same time and in the same manner that sidewalk assessments are certified.

	3.02120 Commercial and Advertising Signs No commercial, advertizing, or other such signs shall be placed within 20 feet of the curb or curb corners of any block unless such sign is attached to the building and does not obstruct any sidewalk or create a traffic hazard by obstructing the view of an intersecting street or alley.
	3.0221  Street Cleaning - Snow Removal   Whenever, in the judgement of the governing body or the City Engineer or Street Councilor of the city, it shall be necessary that streets, alleys or public ways in the city shall be cleared of snow or ice or be cleaned by the use of street sweepers or other methods of cleaning such streets, or for making for traffic purposes, the ordinances of the city regulating the parking of automobiles, trucks and other motor vehicles shall be suspended and it shall be unlawful for any automobile, truck or other motor vehicle to be parked or left
standing between the hours hereinafter mentioned and during the period of time during which the said parking ordinances are suspended.

	3.0222 Same:  Notice  Whenever it becomes necessary to remove snow or ice or to sweep and clean streets, or to mark streets for traffic purposes in the city there shall be designated by the City Engineer or Street Councilor the area and streets to be cleared of snow or ice or cleaned as aforesaid and the time during which such snow or ice removal and street cleaning and marking of streets shall be done and posting of such information in the area affected.

	3.0223  Impounding  Whenever any parked automobile, truck, machinery, vehicle or equipment shall be found in any place prohibited by these restrictions, and during the hours as provided herein, the same shall be impounded by the city at a place to be provided and it shall be unlawful for any person, firm or corporation to remove or attempt to remove any truck, automobile, machinery, vehicle or equipment from the place where impounded without first paying the cost of such impounding.

	3.0224  Blocking Streets  No driver of any vehicle shall stop the same on any street, avenue, lane or alley of the city in such a manner as to hinder or prevent other vehicles or persons from passing at all times, unless in case of absolute necessity, nor shall any driver of any vehicle stop the same at any regular crossing of said street, alley, lane or avenue, so as to prevent the free passage of persons traveling or passing on foot.

ARTICLE 3	Unclaimed and Abandoned Property

	3.0301  Unclaimed and Abandoned Property - Defined
Personal property left upon the streets, alleys or other public ways in the city shall be deemed to be unclaimed or abandoned within the meaning of this article when the same is permitted to remain in any one place upon said streets, alleys or other public ways for a period of ten (10) days or more.

	3.0302  Same:  Seizure of  Whenever any unclaimed or abandoned personal property is found upon the streets, alleys or other public ways of the city, the same shall be seized and possession thereof taken by any Police Officer, Street Councilor or other officer of the city.

	3.0303  Same:  Holding - Notice of Sale	
Such personal property as aforesaid shall be held by the city for a period of not less than sixty (60) days after its seizure as provided herein, and after the expiration of said sixty (60) days the City Auditor shall cause notice to be published in the official newspaper of said city, said notice specifying and stating the description of the property so seized and held, the location of the place where the same was seized or taken by said city, and a further notice that said property will be sold at public auction, to the highest bidder for cash, not less then ten (10) days from and after the date of the publication of such notice and the hour, date and place where said sale will be held.  If prior approval is obtained from the governing body such unclaimed or abandoned property may be sold at a community auction provided that the Chief of Police or a Police Officer shall be responsible for the notice and reporting requirements of this article.

	3.0304  Same:  Report of Sale	At the time specified in said notice the said property shall be sold by the Chief of Police of the city or by any Police Officer designated by him, at public auction, to the highest bidder for cash and within three (3) days after the date of said sale, the officer making the sale shall make a report thereof to the governing body.  The report shall contain the description of the property sold, the time and place of the sale, the name or names of the purchaser or purchasers and the amount received therefore.  The report shall be made under oath and 
subscribed by the officer making such sale and shall be filed with the City Auditor within three (3) days after the date of such sale.  The officer upon filing the report shall pay to the City Auditor the proceeds of said sale.

	3.0305  Same:  Bill of Sale  Upon the receipt of the report as specified in section 3.0304 hereof the City Auditor shall prepare a bill of sale of the property sold, conveying the same to such purchaser and the same shall be executed by the presiding officer of the governing body and attested by the City Auditor and delivered to the purchaser.

	3.0306  Same:  Proceeds of Sale  The City Auditor shall retain such money as is received from such sales in a separate account for a period of six (6) months from and after the time of such sale and if proceeds of such sale are not claimed as hereinafter provided by the owner of said property, the said money shall thereupon be transferred to the general fund of the city.

	3.0307  Same:  Redemption  Any person owning such personal property seized as aforesaid, may at any time prior to the sale thereof, upon furnishing satisfactory proof of his ownership thereof to the governing body, reclaim such property upon paying the expenses incurred by the city for the seizure, storage or advertising the sale thereof and any person owning such property as aforesaid may at any time within six (6) months after such sale and upon making satisfactory proof to the governing body of his ownership thereof, claim the proceeds of such sale, upon payment to the city of the necessary expenses incurred by the city for the seizure, storage and sale of said property.

	3.0308  Annual Report  The Chief of Police prior to June 1st of each year shall submit to the City Auditor a written list of all unclaimed and abandoned property held by the city which has not been sold pursuant to the provisions of this article.  The City Auditor shall bring such list to the attention of the governing body at the next regular meeting.

CHAPTER FOUR

FIRE PROTECTION AND PREVENTION

ARTICLE 1 - Organization and Regulation of the Fire Department

4.0101	Volunteer Department 
4.0102	Officers of Fire Department
4.0103	Chief of Fire Department - Powers of 
4.0104	Police Powers
4.0105	Unlawful to Hinder Department
4.0106	Right of Way
4.0107	Driving Over Fire Hoses
4.0108	False Alarms
4.0109	Taking Fire Equipment
4.0110	Entering Fire Department

ARTICLE 2 - Fire Limits

4.0201	Fire Limits 
4.0202	Same:  Erection of Buildings Within 
4.0203	Alterations and Additions 
4.0204	Inspection of Premises, Discovery, Order
4.0205	Quality of Materials 
4.0206	Repairs 

ARTICLE 3 - Fires in Public Places

4.0301	Smoking 
4.0302	Notice 
4.0303	Bonfires Prohibited - Exception 
4.0304	Hot Ashes and Other Dangerous Materials -
			Depositing of
4.0305	Open Burning Prohibited
4.0306	Reports

ARTICLE 4 - Firearms, Fireworks and Explosives

4.0401	Firearms not to be Furnished to Minors
4.0402	Exploding Firearms and BB Guns
4.0403	Blank Cartridges, Pistols, etc. - Manufacture,
			Use and Sale of 
4.0404	Fireworks Defined 
4.0405	Fireworks - Discharging of, Sale of
4.0406	Exceptions

ARTICLE 5 - Adoption of Electrical Code

4.0501	Electrical Code Adopted 

ARTICLE 6 - Penalty for Violation of this Chapter

4.0601	Penalty	

CHAPTER FOUR

FIRE PROTECTION AND PREVENTION

ARTICLE 1	Organization and Regulation of the Fire Department

	4.0101 Volunteer Department  The Fire Department of the City of New Salem, North Dakota shall be composed of volunteer firemen who shall receive no wages or salaries therefor.

	4.0102 Officers of Fire Department The officers of the Volunteer Fire Department of this city shall consist of a Chief of the Fire Department and an Assistant Chief of the Fire Department, who shall be duly elected from the membership of said departmen, plus such other officers as the members thereof deem necessary.  Said officers are to be elected in January of each year.

	4.0103 Chief of Fire Department - Powers of  The Chief of the Fire Department shall be a competent and experienced fireman who shall have entire charge and control of the department at all fires.  He shall further have charge, supervision and control over all property, equipment and supplies of the Fire Department entrusted to his care during his tenure of office.

	4.0104 Police Powers    All members of the fire department of the city, while on active duty, shall have the powers of policemen on duty and are authorized to arrest any person or persons who shall interfere or attempt to interfere with or to hinder any member of the department in the performance of his duty.

	4.0105 Unlawful to Hinder Department   It shall be unlawful for any person to prevent, interfere with or in any manner hinder the fire department, or any member thereof, while engaged in the discharge of duty at a fire, or to disobey any lawful command of the Chief or acting Chief of the Department.

	4.0106	Right of Way   Any engine, truck or apparatus belonging to the fire department shall, going to or returning from a fire, have the right of way in all streets, alleys and public places over any wagon, street car, automobile or other vehicle of any kind whatsoever, and any person in charge of any such vehicle must stop the same when necessary to permit any engine, truck or apparatus of the Fire Department to pass without hindrance or delay.

	4.0107 Driving Over Fire Hoses   No person shall drive any automobile or other vehicle of any kind whatsoever, upon or over any hose belonging to the Fire Department while the same is laid in the streets and alleys of the city.

	4.0108  False Alarms   It shall be unlawful for any person knowingly to give or cause to be given any false alarm of fire, or to give or cause to be given, while a fire is in progress, a second or general alarm for the same fire, or tamper with or set off any fire alarm or signal box with like intent; or tamper, meddle or interfere with any such fire alarm box; or intentionally cut, break, deface or remove any such box, or any of the wires or supports thereof, connected with the fire alarm system or intentionally interfere with or injure any property of any kind belonging to or used by the fire department; or hinder or delay any apparatus or equipment or vehicle belonging to the fire department.

	4.0109 Taking Fire Equipment   No person shall take, receive or attempt to receive or take from the possession and control of any member of the Fire Department, any of the apparatus, tools or property belonging to said department, without the verbal consent of the Chief of the Fire Department.

	4.0110 Entering Fire Department   No person shall occupy any rooms in any building which are used by the Fire Department, or enter such rooms or handle any apparatus used by the Fire Department without permission.

ARTICLE 2	Fire Limits

	4.0201 Fire Limits   All that part or portion of the City of New Salem embraced within the following described territory shall constitute and be known as the fire limits of the City of New Salem:

S12/ and Blocks 15-20 of the Railway’s First Addition of the City of New Salem.

	4.0202 Same:  Erection of Buildings Within  No buildings or part of any buildings shall be erected within the fire limits unless all outside walls and party walls thereof shall be built or constructed of stone, brick, concrete or other fireproof material, and all outside ends and party walls shall be not less than eight (8) inches in thickness.  All joist, beams or other wood or combustible material in any outside end or party wall shall recede from the outer surface of such wall at least four (4) inches, and all gutters and roofs shall be covered on the outside surface with copper, tin, iron or other fireproof material, and all ends and party walls shall extend above the roof at least twelve (12) inches, nor shall the plating or sheeting of any such roof extend across the fire wall of such building.  Provided, sheds may be erected of any other material, not necessarily of fireproof qualities, by obtaining a permit from the Zoning Director upon application therefore which may be granted or refused in their discretion.

	4.0203 Alterations and Additions   Within the fire limits no buildings or structure of frame construction or of unprotected metal construction shall be hereafter extended on any side unless the construction of such extension conforms to all requirements of this article for new construction.  All ordinary construction buildings and all frame buildings hereafter built or altered in which the lower stories or portions thereof are used for business, and the stories above for residence purposes shall have all partitions and ceilings separating the business portions from the residence portions covered with metal lath and plaster or other equivalent fireproofing material.
	This section shall not apply to any building or structure owned by the city within the fire limits provided that a resolution approving any proposed alteration, addition or repair to such building or structure owned by the city, has been approved by the governing body.

	4.0204 Inspection of Premises, Discovery, Order  The Safety Inspector, or other designated official, shall as often as practical, inspect all buildings or structures during construction for which a permit has been issued to see that the provisions of law are complied with and that construction is prosecuted safely.  Whenever in his opinion, by reason of defective or illegal work in violation of a provision of this article the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.

	4.0205 Quality of Materials   All building materials shall be of good quality, and shall conform to specifications which the Building Official prescribed.  The more generally accepted standard specifications for quality of materials are those of the American Society for Testing Materials.

	4.0206 Repairs   It shall be unlawful to repair any existing frame building within the fire limits after the same has been damaged by any cause to fifty percent (50%) of its value.  Any existing frame building damaged by fire or otherwise over fifty percent (50%) of its value shall be torn down and removed.

ARTICLE 3	Fires in Public Places

	4.0301  Smoking   Any person who, by smoking or attempting to light or to smoke cigarettes, cigars, pipes or tobacco in any manner, in which lighters or matches are employed who shall in any careless, negligent or reckless manner whatsoever, whether willfully or wantonly or not, set fire to any furniture, curtains, drapes, household fittings or furnishings whatsoever in any hotel, public rooming house, tenement house or any public building, so as to endanger life to property in any way or to any extent shall be guilty of violating this article.

	4.0302  Notice   A plainly printed notice shall be posted in a conspicuous place in each sleeping room of all hotels, public rooming houses, lodging houses and other places of public assemblage within the City of New Salem, advising tenants of the provisions of this chapter.

	4.0303 Bonfires Prohibited - Exception  No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire on any pavement or oiled street within the city, or within twenty-five (25) feet of any building, excepting under the written permit of the Chief of the Fire Department, and only when such burning shall be done in metallic receptacles approved by him, and under proper safeguards as he may direct as to time and weather conditions, and no condition that such permit carries an obligation on the part of the grantee to keep a sufficient safe control of said fire and to be responsible for all damages therefrom, and that all resultant embers shall be extinguished and the hot ashes removed or wet down at the close of said fire.

	4.0304 Hot Ashes and Other Dangerous Materials - Depositing of   Ashes, smoldering coals or embers, greasy or oily substances and other matter liable to spontaneous ignition shall not be deposited or allowed to remain within ten (10) feet of any combustible materials or construction made up of combustible materials, except in metal or other non-combustible receptacles.  Such receptacles shall be placed on non-combustible stands, unless resting on a no-combustible floor or on the ground outside the building, and shall be kept at least two (2) feet away from any combustible wall or partition.

	4.0305 Open Burning Prohibited   No person shall kindle, maintain or burn any garbage or other refuse either openly or in containers if such burning is prohibited by state law or proclamation.

	4.0306 Reports   Every fire of any kind, and from whatever source, occurring in or about any hotel, rooming house, lodging house or apartment hotel in the City of New Salem shall be reported immediately to the Fire Department.

ARTICLE 4	Firearms, Fireworks and Explosives

	4.0401 	Firearms not to be Furnished to Minors
It shall be unlawful for any person, firm or corporation to sell, furnish or rent firearms to minors within the limits of this city.

	4.0402 Exploding Firearms and BB Guns   It shall be unlawful for any person or persons to fire or discharge within the city limits of this city, any cannon, gun, fowling piece, pistol or other firearms of any description without the written permission of the City Council, which permit shall limit the time of such firing and be subject to the revocation by the City Council at any time after being granted.  Provided, however, that nothing in this section shall be construed to apply to the firing of any gun or other firearms when done in cases of actual necessity, or in the performance of lawful duty, or by militia companies or veterans organizations when on parade or during military ceremonies.

Any BB gun, pellet gun, compressed air device, rubber band or spring operated device capable of firing or propelling a BB, pellet, or other such projectile shall be prohibited from use within the city limits.

	4.0403 	Blank Cartridges, Pistols, etc. - Manufacture, Use and Sale of 
No person except a licensed dealer, shall manufacture, use, sell or keep for sale within the City of New Salem, North Dakota, any blank cartridges, pistols, blank cartridge revolver or other blank cartridge firearms, blank cartridge caps containing dynamite or fire-crackers exceeding three (3) inches in length and exceeding one-half (½) inch in diameter.

	4.0404 Fireworks Defined   As used in this article, the term "fireworks" means any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by explosion or detonation, and includes blank cartridges, toy cannons and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sky rockets, roman candles, daygo bombs or other fireworks of like construction, and any fireworks containing any explosive or compound, or any tablets, or other device containing any explosive substance and commonly used as fireworks.  The term "fireworks" shall not include toy pistols, toy guns in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, and toy pistol caps which contain less than twenty hundredths grains of explosive mixtures.

	4.0405 Fireworks - Discharging of, Sale of  The provisions of Chapter 23-15 of the North Dakota Century Code shall apply to the sale and/or use of fireworks, as defined in said Chapter 23-15, within the City of New Salem, North Dakota, subject however to the following additions, deletions or exceptions:

	1.	In the fire zone of the municipality of New Salem, the discharge of.....any  bottle rockets, torpedoes, or any kind of ROCKET is prohibited.  Dealers in the municipality of New Salem who sell said articles or items shall post notice in a conspicuous place in their place of business so that such notice is easily visible to the public giving notice of all prohibitions regarding the discharging of fireworks within the City of New Salem under penalty of law.
	2.	The use, firing, or discharging of any bottle rockets, torpedoes, or anything of its kind is expressly prohibited at any time whatsoever within the city limits of New Salem.
	3.	Fireworks or other such related devices may not be sold or discharged within the city limits before June 27th or after July 5th. 
	4.	Fireworks or other such related devices shall not be discharged within the City limits between the hours of 1:00 AM and 8 AM except for on June 27th the evening hour shall be only until 12 midnight.

	4.0406 Exceptions   Nothing in this article shall be construed to prohibit the sale or use of fireworks to airplanes, railroads and other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

ARTICLE 5	Adoption of Electrical Code

	4.0501  Electrical Code Adopted   There is hereby adopted the laws and regulations and wiring standards of North Dakota adopted by the State Electrical Board and the whole thereof of which not less than one (1) copy shall be on file in the office of the City Auditor of the city, and the same is hereby adopted as fully as if it were set out at length herein.

ARTICLE 6	Penalty for Violation of this Chapter

	4.0601  Penalty   Any person who shall violate any provisions of this chapter or who shall fail to comply with any order as affirmed or modified by the governing body or court of competent jurisdiction enforcing the provisions of this chapter shall be guilty of an offense and be punishable by a fine of not more than Five Hundred dollars ($500.00).  The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.  The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

CHAPTER FIVE

POLICE DEPARTMENT

	ATTACHED HERETO AGREEMENT BETWEEN CITY OF NEW SALE AND MORTON COUNTY

	

CHAPTER SIX

ZONING - PLANNING

ARTICLE 1 - Planning and Zoning Council

6.0101	Purpose and Intent
6.0102	Authorization 
6.0103	Jurisdiction	
6.0104	Severability	
6.0105	Repeal 

ARTICLE 2 - Definitions

6.0201	General
6.0202	Definitions - Words and Phrases

ARTICLE 3 - Establishment of Districts

6.0301	Use and Area Districts Established
6.0302	Maps and Boundaries 
6.0303	Same:  Preparation and Maintenance
6.0304	Same:  Certificate
6.0305	Boundaries 
6.0306	Vacations
6.0307	Annexed Property

ARTICLE 4 - General District Regulations

6.0401	General District Regulations

ARTICLE 5 - Use Districts

6.0501	Use Districts 
6.0502	R- Residential District 
6.0503	C-Commercial District
6.0504	I Industrial District
6.0505	O- Open Spaces and Conservation District

ARTICLE 6 - Area Regulation

6.0601	Area Regulations - Residential Districts
6.0602 	Previously Built Structure
6.0603	Yard Regulations in Residential Districts
6.0604	Area Regulations - Commercial Districts
6.0605	Area Regulations - Industrial Districts
6.0606	Area Regulations - Open Space and Conservation Districts
6.0607	Other Regulations for All Districts within City Jurisdiction 

ARTICLE 7 - Non-Conforming Uses

6.0701	Non-Conforming Uses

ARTICLE 8 - Administration

6.0801	City Council 
6.0802	Zoning Council
6.0803	Appeals
6.0804	Zoning Administrator
6.0805	Zoning Permit 
6.0806	Certificate of Compliance 
6.0807	Violations and Penalties

RESOLUTION ESTABLISHING BUILDING PERMIT FEES

RESOLUTION ESTABLISHING BUILDING DEMOLITION OR REMOVAL

				

CHAPTER SIX

ZONING - PLANNING

ARTICLE 1	Planning and Zoning Council

	6.0101 Purpose and Intent   These zoning regulations and zoning districts are herein set forth to direct and guide the development of the City of New Salem; to promote the health, safety and well-being of the citizens of the City of New Salem; and to promote the sound and desirable use of the lands of the City of New Salem.

	6.0102 	Authorization    This Zoning Ordinance is developed and enacted under authority granted in Chapters 40-47 and 40-48 of the North Dakota Century Code (NDCC).

	6.0103  Jurisdiction    This ordinance and the zoning district map shall apply to the area within the corporate limits of the City of New Salem and to the extra-territorial area around the City relinquished by the County through the provisions of Section 40-47-01.1 of the North Dakota Century Code (NDCC).  Said extra-territorial area does not cover the strict one-half (½) mile extension of the corporate limits, rather, the boundary follows the quarter section lines bisecting Section 17: W1/2; Section 18: SE1/4; E1/2NE1/4; Section 19: NE1/4; and Section 20: NW1/4 of Township 135 North, Range 72 West.

	6.0104  Severability    If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of said ordinance.  The City Council of the City of New Salem, North Dakota, hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases may be declared invalid or unconstitutional.

	6.0105  Repeal    All previous zoning regulations or parts of City regulations, existing ordinance, maps and provisions which address zoning are hereby repealed.
	
ARTICLE 2	Definitions

	6.0201  General   For the purpose of these regulations, certain words and terms are hereby defined as follows:

Words used in the present tense include the future, words used in the singular number include the plural, and words used in the plural include the singular; the word "building" includes the word "structure" and "structure" includes "building;" the word "shall" is mandatory and not directory; the words "used" or "occupied" shall include within their meaning, "intended, arranged or designed to be used or occupied;" the word "person" shall include a corporation, partnership or other legal entity.  Any terms not defined herein shall be construed as defined in their ordinary or dictionary meaning.

	6.0202  Definitions - Words and Phrases    For the purpose of this chapter, the following words and phrases shall have the meanings herein given:

	1.	Accessory Buildings and Uses  A building, use or structure on the same or on an adjacent lot, with and of a nature customarily incidental and subordinate to the principle permitted or conditionally permitted use, building or structure.  Accessory buildings and uses in residential districts include storage sheds and garages not used for commercial purposes, but does not include fences.

	2.	Alley  A recorded public easement which provides access to the rear or the side of two or more properties.

	3.	Alteration  A change or rearrangement of an existing building or structure which involves a change in said building's or structure's outside dimensions of height, width or depth.

	4.	Amendment  Any change, revision or modification of either the text or the map of this ordinance adopted through the procedures established in Section 6.1001 of this ordinance.

	5.	Area of Special Flood Hazard  The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

	6.	Basement A story having more than one-half (½) of its height below grade.  A basement is counted as a story for the purposes of height regulations if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

	7.	Board of Adjustment  The board appointed by the City of New Salem City Council to rule on any appeals on zoning administrative decisions by the Planning/Zoning Administrator or Planning and Zoning Council in accordance with Chapter 6.0903. For the purpose of this ordinance, the Board of Adjustment shall be the City Council.

		8.		Boarding House  See Lodging House.

 		9.		Building  Any structure designed or intended for the enclosure shelter or protection of persons, animals or property.

 	 10.	Building Area  That portion of the lot that can be occupied by the principal use, excluding the front, rear and side yards.

 	 11.	Building, Height of  The vertical distance measured from the average elevation of the finished grade adjoining the building to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

12.	Building Line  Is the line which defines the outside edge or perimeter of the permitted building area, as specified in the zoning district setbacks, access 
areas of easements, public right-of-ways and yard spaces.  The building line is five (5) feet from the primary structure wall or three (3) feet from the eave or any projection, whichever is greater.

 	13.	Building Official  The Building Official or the City Auditor of New Salem, North Dakota.

 	14.	Cellar  A story having more than one-half (½) of its height below grade.  A cellar is not included in computing the number of stories for purposes of height measurement.  A cellar is an incomplete basement.

	15.	Commercial Building  The class of construction shall be fire-resistive, incombustible or masonry.

	16.	Conditional Use  Any uses which are deemed by the Planning and Zoning Council to represent potential problems or hazards and as such are allowed only under specific conditions including length of use or occupation.  The specific conditions to be met shall be described on the permit required for any use listed as conditional in this ordinance.

	17.	Development  Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling    operations located within the area of special flood  hazard.
	
	18.	District  A section or sections of New Salem for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

	19.	Dwelling Any building or portion thereof which is designed and used exclusively for residential purposes.

20.	Garage, Private  An accessory building or portion of a main building designed or used for the storage of not more than (864) eight hundred sixty four square feet in area and used by the occupants of the building to which it is an accessory.

 	21.	Garage, Public  A building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storage of vehicles.

 	22.	In-Home Occupation  Any occupation or activity carried on in a dwelling by a member or members of the immediate family residing therein.  In-home occupation shall include the use of a dwelling as an office and not employing more than one person outside the immediate family residing therein.

	23.	Hotel or Motel  A facility used as a transient abiding place for motorists and travelers on a compensatory basis.

	24.	Lodging House  A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by pre-arrangement for definite periods of time, for compensation, for three (3) or more persons as opposed to hotels open to transients.

 	25.	Lot or Parcel  A piece, plot or area of land, or contiguous assemblage as established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and/or accessory buildings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.

	26.	Lot Area  The legal area within the lot lines excluding public right-of-way.

27.	Lot Line  The property line of any lot.  The lot line serves as the boundary between two (2) owners' property or any municipal or public easement.

 	28.	Lot, Interior  A lot other than a corner lot.

29.	Lot, of Record  A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of New Salem County, North Dakota, or a parcel of land, the deed to which was recorded in the office of the Register of Deeds of New Salem County, North Dakota, prior to the adoption of these regulations.

	30.	Lot Width  The horizontal distance between side lot lines.
   
	31.	Non-Conforming Uses  Any building or land lawfully occupied by a use at the time of passage of these regulations or amendment thereto, which does not conform after the passage of these regulations or amendment thereto with the use regulations of the district in which it is situated.

 	32.	Permitted Use  Any use which complies with the requirement of a zoning district.

	33.	Premises  A lot, together with all buildings and structures thereon.
					    
34.	Public Utility  Any business which furnishes the general public either telephone, telegraph, electricity, natural gas or water service, and any 
other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.
	
 	35.	Right-of-Way  The area, either public or private, over which the right of passage exists.  The right-of-way shall not be considered as land area when computing lot size.
 	36.	Rooming House  See Lodging House.

 	37.	Sewage Disposal System  A sanitary privy, flush toilet, absorption field, or similar device used in the collection and/or disposal of sewage or human excrement.  This includes all similar contrivances used in the collection and/or disposal of sewage whether listed herein or not.

 	37.	Set Back  See Yard.

	38.	Service (Filling) Stations  Any building or premises where automotive fuels are stored underground and made available for sale and dispensing, through fixed equipment into fuel tanks of motor vehicles and where automobile lubricants, supplies and accessories and related services to motorists may or may not be available except that if the sale or dispensing of automotive fuels is incidental to the conduct of a public garage, the premises are classified as a public garage.

	39.	Sign  Any outdoor advertising having a permanent location on the ground, or attached to or painted on a building, including bulletin boards, billboards, and poster boards, or any device designed to inform or attract attention.
	  
40.	Street  Except for the section lines, a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place or however other designated.

	41.	Street Line A dividing line, such as the right-of-way side line, between a lot, tract, or parcel of land and a contiguous street.
	42.	Structure  Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.

	43.	Structural Alterations  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls
 	44.	Subdivision  The division of land into two (2) or more lots for the purpose, immediate or future, of sale or lease for building development.  If a new street is involved, any division of a parcel of land constitutes a subdivision.  The division of agricultural land into lots three (3) acres or more in size where no new street is created does not constitute a subdivision.

	45.	Trailer  See Mobile Home.

	46.	Trailer Park  See Mobile Home Park.

	47.	Use The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
 	
	48.	Variance  The relaxation of the terms of the zoning regulations where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.  As used in this ordinance, a variance is authorized only for height, area and size of structure or size of yards and open space.  Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

	49.	Yard  An open space on the same lot with a building or mobile home, unoccupied and unobstructed by any portion of a structure or mobile home from the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building or mobile home shall be used.

50.	Yard, Front  A yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building, mobile home.  The front yard shall be on the side of the lot which has been established as frontage by the house numbering system.

	51.	Yard, Rear  A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or mobile home including any 
projections. On interior lots the rear shall in all cases be at the opposite end on the lot from the front yard.  In the case of through lots and corner lots there will be no rear yards, but only front and side yards.

	52.	Yard, Side  A yard extending from the front yard to the rear yard and being the space between the side lot line and the side of the main building or mobile home.
ARTICLE 3	Establishment of Districts

	6.0301  Use and Area Districts Established
For the purposes of this Chapter, the City is hereby divided into use districts and area districts as provided hereafter.

	6.0302  Maps and Boundaries   The boundaries of these districts are hereby established as shown on the map entitled "the Zoning Map of the City of New Salem" on file in the office of the City Auditor, which map with all explanatory matter thereon shall be deemed to accompany, be, and is hereby made a part of this Chapter.

	6.0303  Same:  Preparation and Maintenance
The official zoning map shall be prepared and accurately maintained by the City Auditor and be displayed at all times in the office of the City Auditor.

	6.0304  Same:  Certificate   The official zoning map shall bear a certificate with the signature of the Mayor the certification of the City Auditor and the date of adoption of these regulations.  If any changes to the map are made by amendment of these regulations, such changes shall be made to the official zoning map and signed and certified upon the map or upon materials attached thereto.
	6.0305 	Boundaries   In determining the boundaries of zone districts shown on the map the following rules shall apply:

	1.	Unless otherwise indicated, the zone boundaries are the center lines of rights-of-way for streets, roads, highways, alleys, channelized waterways and railroads or such lines extended.

	2.	In unsubdivided property, zone boundaries shall be determined by the use of the scale on the map.  A legal description acceptable to the Planning and Zoning Council shall be made available if a controversy arises concerning zone district boundaries.
	
	3.	Where a district boundary is shown by a specific dimension as being located at any given distance from any right-of-way line, such specific dimension shall govern.

	6.0306 Vacations   Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.

	6.0307  Annexed Property   Property which has been annexed to the City shall  be rezoned to the appropriate district(s) prior to any development of said property unless the desired uses or structures are permitted or conditionally permitted in the district in which the property is located at the time of annexation.

ARTICLE 4	General District Regulations

	6.0401 General District Regulations   The following regulations shall apply within and for all of the zone districts heretofore designated:

	1.	No building shall be erected, converted, enlarged, placed or reconstructed, nor shall any building or land be used except for a purpose permitted or conditionally permitted in the district in which the building is located.

	2.	No building shall be erected, converted, enlarged, placed, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

	3.	The minimum yards and open spaces, including lot area per family, required by these regulations for each and every building at the time of the passage of these regulations or for any building thereafter erected shall not be encroached upon or considered as yard or open space requirements for any other buildings, nor shall any lot area be reduced beyond the district requirements of these regulations
					
	4.	Every building hereafter erected or structurally altered shall be located on a lot as herein defined.  There shall not be more than one (1) main building on a lot unless approved through variance procedures pursuant to Article 6.0806 of this ordinance.

	5.	The listing of any use as being permitted or conditionally permitted in any particular district shall be deemed to be an exclusion of such use from any other district, unless such use is specifically permitted  in another district under the language set forth in the use regulations.

	6.	Any use or structure not specifically listed in this ordinance shall be considered prohibited and shall not be allowed until such time as the ordinance is amended to make such use allowable.

ARTICLE 5	Use Districts

	6.0501  Use Districts   The City is hereby divided into the following use districts to be known as:

	R  	Residential District
	C   	Commercial District
	 I      Industrial District
	O	Open space and Conservation

	6.0502  R - Residential District  The predominant use of land within this district is housing. It is the purpose of this district to maintain this use and to provide for further utilization of land within this district for additional housing expansion. The minimum area for designation as a Residential District shall be two acres.  In a residential district the following buildings and uses are permitted:

	1.	Single family dwellings and accessory structures.

	2.	Churches, parish houses, schools, and related facilities.

	3.	Modular homes.

	4.	Playgrounds and parks.
			
	Conditionally permitted uses:

1.	Buildings owned and operated by a political subdivision, but not storage or        repair shops.

	2.	Hospitals.

	3.	Nursing and rest homes.

	4.	Convenience stores.

	5.	Duplexes, townhouses or condominiums.

	6.	In-home occupations.
								
	7.	Mobile home parks and mobile homes on single lots.

	6.0503  C - Commercial District   It is the purpose of the Commercial District to provide for adequate space for the grouping of retail merchandising, light industry and service activities. The minimum area for designation as a Commercial District shall be 2 acres.

	Permitted Uses:

	1.	Convenience stores.

	2.	Clothing and similar dry good stores.

	3.	Specialty stores which deal in retail merchandise only.

	4.	Financial establishments.

	5.	Professional office facilities.

	6.	Medical clinics.

	7.	Sales and service of automobile and farm implements.
					  
	8.	Commercial eating and drinking establishments.

	9.	Laundromats.

       10.  	Newspaper and publishing houses.
      
       11.	Hotels and Motels
			
       12.	Lumber yards.				

	Conditionally Permitted Uses:

	1.	Single-family residential units, and accessory structures.

	2.	Apartments.

	3.	Boarding or rooming houses.

	4.	Senior citizen housing or centers.

	5.	In home occupations.

	6.	Contained sports facilities.

   	7.	Commercial storage, warehousing or parking.
  
8.	Any use not otherwise specified herein which is consistent with the purpose and development of the district and City of New Salem.

	6.0504 I - Industrial Districts It is the purpose of the Industrial District to provide for the grouping of industrial uses which will minimize the potential for adverse effects upon the environment and the public health, safety and welfare.

	Permitted Uses:

	1.	Agriculture. 

	2.	Dry bulk storage.

	3.	Manufacturing requiring yard storage.

	4.	Heavy equipment storage and repair.

	5.	Truck and freight terminals.

	6.	Wholesale/warehousing activities requiring yard storage.

	7.	Railroad freight and/or bulk terminals; trackage and spurs.

	8.	Concrete, concrete products and clay product plants.

	9.	Rock, sand or gravel excavation, crushing, or handling.

     10.      All uses permitted in O,  and C districts except those listed as prohibited or conditionally permitted uses in industrial districts.

	Conditionally Permitted Uses:

1.	All permitted uses in other districts.

	2.	The City Council shall review all permits for future industrial development to insure adequate measures are provided for the welfare and safety of the public.

	6.0507 O - Open Space and Conservation District The predominant use of land within this district is agriculture and undeveloped land. It is the purpose of this zoning district to maintain these uses, to limit development upon flood prone land, and to provide for future expansion of the City. 

	Permitted Uses:

	1.	All types of farming and ranching operations.

	2.	Truck gardening, nurseries, greenhouse and roadside stands offering for sale only those farm products which have been grown on the premises.

	3.	Accessory buildings and structures necessary to the operation of farms or ranches.

	4.	Public parks, facilities, and playgrounds..

	Conditionally Permitted Uses:

	1.	Single-family, non-farm residential units on lots of three (3) acres or more, having a minimum lot width of one hundred fifty (150) feet, with a front setback of one hundred (100) feet, side setbacks of twenty-five (25) feet and rear lot setback of twenty-five (25) feet, unless said lots are part of an existing recorded plat.  Soil characteristics will also be taken into consideration.

	2.	Public and parochial schools.

	3.	Churches and related facilities.

	4.	Cemeteries.

	5.	Commercial grain elevators and accessory structures.

	6.	Sewage lagoons and sediment ponds that comply with the State Health Standards.

	7.	Sanitary landfills and waste sites that comply with State Health Standards.

  	8.	Facilities for the manufacturing and/or processing of agricultural products indigenous to the area.

 	9.	Railroad tracks and spur lines.

      10.	Airports.

      11.	Radio, television and telephone transmission and receiving towers and/or  facilities.

      12.	Government administrative, maintenance and research facilities.

ARTICLE 6	Area Regulations

	6.0601  Area Regulations - Residential Districts
In any use district no residence building shall hereafter be erected, established, altered or placed on a lot until the following conditions are met:

a.	Where public sewer is available, the minimum lot area shall be 5,000 square feet with a minimum lot width of 50 feet.

a.	Where public sewer is not available, the minimum lot area shall be 5,000 square feet with a minimum lot width of 50 feet, HOWEVER all septic systems shall be self contained units with no outlet or drain field of any kind. No multiple family dwellings or mobile home parks shall be allowed unless public sewer is available.

	6.0602  Previously Built Structures Previously built structures moved on to a lot or lots in the City of New Salem must obtain a Zoning Permit approved by the City Council, signed by the Mayor prior to placement of said structure.  This does not pertain to new buildings such as modular homes.

	6.0603  Yard Regulations

	In Residential districts there shall be:

	1.	A front yard of not less than 25 feet from road or street right-of-way or in line with existing structures on the block if existing structures are at least 25 feet from road or street right-of-way.

	2.	A side yard on each side of not less than 5 feet, but in any event, no closer that 10 feet from any building on an adjacent lot.

		6.0604  Area Regulations - Commercial Districts

		a.	Where public sewer is available, the minimum lot area shall be 5,000 square feet with a minimum lot width of 50 feet.

		b.	Where public sewer is not available, the minimum lot area shall be 5,000 square feet with a minimum lot width of 50 feet, HOWEVER all septic systems shall be self contained units with no outlet or drain field of any kind. No commercial eating or drinking establishments, hotel, motel, multiple family dwellings or mobile home parks shall be allowed unless public sewer is available.

	  c.	The spacing for commercial buildings may be on the property line.	   
  					   					
	  d.	For residential purposes, a front yard of not less than 25 feet from road or street right-of-way or in line with existing structures on the block if existing structures are at least 25 feet from road or street right-of-way.

e.	For residential purposes, a side yard on each side of not less than 5 feet, but in any event, no closer that 10 feet from any building on an adjacent lot.
	6.0605  Area Regulations - Industrial Districts
Yards and setbacks in industrial districts will be of adequate size to allow for unobstructed parking, loading and unloading on the lot in question and all adjacent lots.  Storage areas shall be setback 10 feet from all property lines.

	6.0606  Area Regulations - Open Space and Conservation Districts
Lots in the agricultural district which will not be connected to the City of New Salem sewer and water facilities shall be a minimum of 1 acre in size.  Further, said lots shall have front lot setbacks of not less than 50 feet.

	6.0607	Other Regulations for All District Within City Jurisdiction	

10.		TOXIC GASEOUS MATERIAL STORAGE FACILITIES PROHIBITED 

Toxic gaseous material bulk storage facilities tank batteries within the City jurisdiction are prohibited.  Bulk storage is storage over 100 gallons.

10.		GASEOUS MATERIAL STORAGE FACILITY PROHIBITED. 

Gaseous material bulk storage facilities tank or tank batteries within the City jurisdiction are prohibited.  This does not include LP tanks used for heating or similar applications if proper setbacks are observed.  Bulk storage over 1,000 gallons.

10.		All stockyards or similar animal holding areas are prohibited.

10.		All feed lots or similar animal holding area are prohibited.

10.		All livestock auction yards are prohibited.

10.		All salvage yards, junk yards or other similar areas are prohibited.

10.		All commercial animal raising or similar facilities are prohibited.
								
10.		Height Regulations

a.	All proposed structures within the jurisdiction of the City of New Salem City Council which will exceed 35 feet in height shall be reviewed by the City of New Salem City Council through the conditional use permit procedures prior to erection or construction.  The Council may grant a conditional use permit for the structure provided applicant has demonstrated that the structure will not endanger the health, safety or welfare of the citizens of New Salem nor will it interfere with any property owner's solar access.
						
			b.	All structures or buildings shall be constructed so as to not interfere with Federal Aviation Administration (FAA) regulated flight path clear zones designated for the New Salem Municipal Airport.

	9.  Sewer Regulations

	All houses, buildings or properties within the corporate limits of the City of New Salem which are used for human occupancy, employment or recreation shall be in compliance with the following regulations:

			a.	Shall be connected to the City of New Salem sewer system within 90 days of official notice to do so when the lot associated with said house or building abuts or is within 150 feet of a public easement which contains or in the future, will contain a sewer line.

			b.	When a house or building by its location is not required to be connected to the City of New Salem sewer system the owner of said house or building shall construct a private sewer system.  Said system shall be designed in compliance with State of North Dakota Building and Plumbing Code, City of New Salem regulations and shall only be developed following the granting of a permit by the Superintendent of the Water Department.
			c.	A private sewer system permit shall not be granted unless the system is completely sealed system, with no outlet or drain field of any kind. 

			d.	When sewer services become available, any property, homes or buildings upon properties which have private septic systems shall discontinue the use of said private system and connect to the City of New Salem sewer system within 60 days of receipt of official notice.

			e.	All connections to the City of New Salem sewer system shall be done in compliance with State of North Dakota Building and Plumbing Codes and City of New Salem regulations.

ARTICLE 7	Non-Conforming Uses

	6.0701  Non-Conforming Uses  The lawful use of any building, structure or land existing at the time of the enactment of this chapter may be continued, although such use does not conform with the provisions of this chapter, provided the following conditions are met:

	1.	Alterations - A non-conforming building or structure may be altered, improved or reconstructed provided such work is not to an extent exceeding in aggregate cost 25% of the assessed value of the building or structure, unless the building or structure is changed to a conforming use.

	2.	Extension - A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming use.

	3.	Changes - No non-conforming building, structure or use shall be changed to another non-conforming use.

	4.	Abandonment - A non-conforming use of a building or premises which has been abandoned for a period of 18 months shall not thereafter be returned to such non-conforming use.

	5.	Destroyed or Damaged - When a building, the use of which does not conform to the provisions of these regulations, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.
						
	6.	Unlawful Use Not Authorized - Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of or use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.

	7.	District Changes - Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing shall apply to any non-conforming uses existing therein.

ARTICLE 8	Administration

	6.0801 City Council All amendments to the text of the Zoning ordinance and the Zoning District Map, all conditional use permits, and variances shall be approved or disapproved by the City Council following a public hearing and with consideration given to the recommendations of the Zoning Council.

	6.0802 Zoning Council The Zoning Council shall consist of at least three members to be appointed by the City Council. One additional member may be appointed by the County Commission of Mercer County. Members appointed by the City Council must be residents of the City. The member appointed by the County must reside in the ½ mile extraterritorial jurisdictional area of the City. The Zoning Council shall hold public hearings on all applications for amending the Zoning District Map, the text of the Zoning Ordinance, or the granting of conditional use permits or variances and shall make recommendations to the City Council upon said matters. The Zoning Council may recommend approval, denial, or modification of the application of the application. Notice of all public hearings shall be published in accordance with the North Dakota Century Code.

	6.0803   Appeals Any person, firm, or corporation aggrieved by the actions or recommendations of the Zoning Council or the Zoning Administrator may appeal to the City Council. The Zoning Administrator shall transmit to the City Council all records on which the action or recommendation was based.

	6.0804 Zoning Administrator   The Zoning Administrator receives and files all permit applications, petitions for amendment to the zoning ordinance and the Zoning District Map, issues zoning permits, certificates of compliance, makes inspections and maintains records. The Zoning Administrator shall report all complaints to the Zoning Council or City Council. The Zoning Director shall report all zoning violations to the City Council for the appropriate action.

	6.0805 Zoning Permit 
	1.	It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural changes in any existing building or structure without first obtaining a zoning permit.

	2.	Fees for Zoning permits shall be established by the City Council.

	3.	Any permit issued pursuant to these provisions shall expire one year from the date of issuance.

	4.	Any person or persons intending to construct, reconstruct or relocate a building or other structure or external addition thereto, shall before 
proceeding with said work or commencing any excavation in connection therewith, file in the office of the Zoning Administrator a written application designating the kind of building, structure or external addition which he intends to erect or make, materials of which the same is to be composed ,and the legal description and location of the real estate, the part or portion of the real estate to be occupied by the building, other structure or addition, or improvement, the probable cost thereof and a detailed description of the type of construction and material used therein, and especially for each chimney, smoke stack, flue and fireplace to be erected or constructed in connection therewith, together with such additional plans and specifications as may be required by the Zoning Administrator, and shall obtain a permit therefore as herein provided. 

	6.0806 Certificate of Compliance  Following all new construction, alterations, or structural modifications to existing buildings, no building or structure shall be occupied until a “certificate of compliance” shall have been issued for determining the conformity of said building, alterations or structural modifications with the requirements of this ordinance and for the specifications upon which the zoning permit was issued.

	6.0807 Violations and Penalties   A violation of this ordinance is an offense punishable by a fine not to exceed $500.00. Each day the violation exists shall constitute a separate offense. Whenever a violation of this ordinance occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Zoning Administrator who shall investigate such violation and report to the City Council for the appropriate action.

RESOLUTION ESTABLISHING BUILDING PERMIT FEES

	Building Permits: Fees For

1.	The Building Inspector shall determine the cost of the construction for which a permit is required as follows (a) for new construction, the cost shall be the total projected actual cost for materials, labor and utilities; (b) for general construction (repairs, remodeling and moving buildings in), the cost shall be determined by using the following:

				Main Floor 					$40.00/sq.ft.
				Additions					$25.00/sq.ft. (Residential)
											$22.00/sq.ft. (Mobile Home)
				2nd Floor					$25.00/sq.ft.
				Basement					$10.00/sq.ft. (finished)
											$ 6.00/sq.ft. (unfinished)
				Carports					$ 5.00/sq.ft.
				Decks						$ 8.00/sq.ft.
				Entries						$ 9.00/sq.ft.
				Garages (9x16 or larger)			$12.00/sq.ft.
				Sheds (under 9x12)				$ 6.00/sq.ft.
				Pole Barns					$ 6.00/sq.ft.

2.  	The Building Inspector shall then set the building permit fee in accord with the following schedule of costs:

				Below $500.00 ----------------------------	0

				$501.00 to $2,000.00 ---------------------	$15.00

				$2001.00 to $500,000.00 -----------------	$15.00 plus $3.00 for each
											$1,000 of cost in excess of 
											$2,000

				$500,001.00 and up -----------------------	$15.00 plus $1,494 plus
											$1.80 for each $1000 of cost
											in excess of $500.00

RESOLUTION ESTABLISHING BUILDING 
DEMOLITION OR REMOVAL

	Building Demolition or Removal:

	1.  No person shall being demolition or removal of any building within the City of New Salem without first having applied for and obtained a permit to do so from the building inspector.

	2.  Demolition or removal permits shall be issued only on the following conditions:

a.	Prior to the demolition or removal, the sewer and water connections shall be discontinued from the City water and sewer systems to the satisfaction of the City Engineer or City maintenance department head.

a.	For demolition, the structural element shall be taken down one story at a time, beginning with the top floor.  All material will be lowered in chutes or by other means in order to prevent injury to the public.

a.	Adjacent streets, alleys, sidewalks shall be properly protected by fences and scaffolds, and pedestrian traffic rerouted to the approval of the building inspector.

a.	All debris, rubbish and combustible materials shall be removed from the premises upon completion of the demolition or removal.  The foundation and footings shall be completely removed.  Upon completion of the demolition or removal, the site shall be filled and leveled with earth to conform to the grade of the adjacent properties.

a.	The requirements of this Resolution shall be deemed to supplement the laws of the State of North Dakota, all City ordinances, rules and regulations for use, occupancy, fire hazard, safety and sanitation.

	3.  	The permit fee to be paid to the City of New Salem for a demolition or removal permit shall be $15.00 if there are no City utility services to disconnect or inspect, and $30.00 if the structure has City utility services which need to be disconnected and inspected.  In addition, the applicant shall pay a deposit of $300.00, which deposit shall be returned to the applicant upon satisfactory cleanup, fill and leveling of the building site.

CHAPTER SEVEN

WATER AND SEWER

ARTICLE 1 - Utility Established

7.0101	Water and Sewer Department Established 
7.0102	Superintendent of City Water and Sewer Dept
7.0103	Same:  Reports 	
7.0104	City Water and Sewer Department to be Independent Agency 	
7.0105	Application for Water Service and Service Connection Charge	
7.0106	Water Service - To Property Not Previously Assessed
7.0107	Subsequent Connection to Premises 
7.0108	Water Meter Deposit  Refund 
7.0109	Separate Connections for each Premise - Exception	
7.0110	Service Outside City Limits - Prohibited - Exception
7.0111	Service in Unplatted Area
7.0112	Water Service - Construction of - Maintenance of by Owner	
7.0113	Water Meters - Checked - Fees	
7.0114	Unlawful to Use Water Not Metered - Unlawful to Tamper 
			With Curb Cock 
7.0115	Defective Service - Consumers Duty to Report 
7.0116	Users Consent to Regulations	
7.0117	Regulations Governing Service	
7.0118	Connection to be Supervised by Municipal Employees 	
7.0119	Service Pipes Specifications	
7.0120	Curb Cock Specifications	
7.0121	Check Valves Required When Necessary	
7.0122	Use of Water During Fire - Unlawful	
7.0123	Waterworks Customers May Lay Larger Pipes with Hydrants -
			 When 	
7.0124	Rates and Charges 	
7.0125	Rates and Charges - Liability for	
7.0126	Duty to Report to Auditor 	
7.0127	Excavators 	
7.0128	Restriction of Use of Water
7.0129	Established Collection Periods, Sending of Billings,
			Five-Day Notice, Water Shut-off
7.0130	Informal Hearing - Water Shut-off	

ARTICLE 2 - Regulations of Sewer Use

7.0201	Purpose 
7.0202	Definitions 
7.0203	Use of Public Sewers Required 
7.0204	When Private Sewage Disposal Permitted
7.0205	Building Sewers and Connections
7.0206	Use of Public Sewers 
7.0207	Damage to Sewer Works Prohibited
7.0208	Powers and Authority of Inspectors
7.0209	Hearing Board 
7.0210	Penalties 
7.0211	Validity

ARTICLE 3 - Sewer Surcharge

7.0301	Purpose
7.0302	Determining the Total Annual Cost of Operation and Maintenance
7.0303	Determining Each User's Wastewater Contribution Percentage	

ARTICLE 4 - Adoption of State Plumbing Code

7.0401	Adoption 
7.0402	Plumbing Code - Enforcement of Provision 
7.0403	Plumbing Code - Changes in Existing Installations
7.0404	Plumbing Code - New Installations

ARTICLE 5 - Municipal Street Lighting System

7.0501	Street Lighting System, Operation of
7.0502	Same: Under Control of
7.0503	Rates and Charges
7.0504	Same: Billed and Collected
7.0505	Street Lighting System, To Be Self-Supporting
7.0506	Owners and Tenants Jointly Liable
7.0507	Lien Upon Property

ARTICLE 6 - General Penalty Provision

7.0601	Penalty for Violation of Chapter 

Resolution 	Establishing Water and Sewer Service Charges 	

CHAPTER SEVEN

WATER AND SEWER

ARTICLE 1	Utility Established

	7.0101 	Water and Sewer Department Established
There is hereby established and created within the City of New Salem, North Dakota, a department to be known as the City Water and Sewer Department, which shall have general charge of all plants, systems, works, instrumentalities, equipment, materials, supplies, sewage disposal plants, lagoons, intercepting sewer, trunk connections, sewer and water mains, filtration works, pumping stations and all parts and appurtenances of the foregoing which are used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses, and/or useful in connection with the collection, treatment and disposal of sewage, waste and storm sewers for the inhabitants of this city, subject to all ordinances, rules and regulations.

	7.0102 Superintendent of City Water and Sewer Department	
A Water and Sewer Utility Superintendent shall be appointed by the governing board.  If a part time employee, and if also a city employee in some other capacity, only  services respecting the utility shall be an operating charge of the system.  It shall be the duty of the Superintendent to exercise control and management of the operation of the utility system.  He shall have power and authority to employ, subject to the approval of the governing body, all such engineers, filter plant operators, meter readers, laborers and other employees, as may be necessary to the operation of the utility system.  All such employees shall be subject to his orders and directions, and he shall be responsible for their acts.  He shall have power and authority to purchase such materials, supplies and repairs for the water-sewer system, with the approval of the governing board of the city, as shall be reasonably necessary for the operation of such system.  He shall keep such books and records of matters pertaining to the operation of the system, as are necessary to show the operation and condition thereof.  He shall at all times be subject to the supervision and direction of the governing board.  He shall perform such other duties and have such other powers and authority as are hereinafter provided for.

	7.0103 Same:  Reports  Such Superintendent shall make monthly reports to the governing body concerning the operation of his department.

	7.0104 City Water and Sewer Department to be Independent Agency		  All of the business affairs of the said City Water and Sewer Department shall be conducted, insofar as is possible within the ordinances of the City of New Salem as a completely separate and distinct division of the City of New Salem.  Separate and distinct accounts shall be set up on the books of the City Auditor, which said accounts shall at all times reflect the true condition of the Water and Sewer Department, as distinct from the remaining business of the city, and which shall be so devised as to disclose the annual profit or loss of said department.  The funds of the department shall be held in the custody of the City Auditor and disbursed upon warrant in the same manner as other funds, but the said Water and Sewer Department shall be given credit upon the books of the city for any and all funds paid by it into the City Treasury, and shall be charged on the books of the city with all payments made by the city on its behalf.  Transfers from the Water and Sewer Department to the General Fund or any other fund of the city shall not be made except upon order of the governing body, nor shall transfer be made from said city funds to the Water and Sewer Department without like order.  Where bonds have now been, or may hereafter be issued against any water works improvement or sewage improvement, which constitute a general obligation of the city, the taxes levied for the payment of such bonds and interest shall be levied and expended for such purpose in the manner provided by law, until such time as it may be possible out of the proceeds of said Water and Sewer Department, after setting up a reasonable reserve for depreciation and new construction, to make payment of the bond requirements from the profits of the said Water and Sewer Department.  It is expressly declared to be the purpose of this ordinance that as soon as the same can be accomplished without undue burden to the water users of this city, the said Water and Sewer Department shall be placed upon an entirely independent basis as a separate business enterprise.

	7.0105  Application for Water Service and Service Connection Charge	  Any party desiring water and sewer service from said utility for premises not heretofore connected with the system, and not subject to the provisions of section 7.0106 set forth below, shall apply for a connection on a form provided by the municipality.  Such application shall state an exact description of the premises to serve, and the uses, both general and special, to which the water is to be put, the nature of sewage to be discharged, and the estimated amount of water to be used for a monthly period.   
       Such application or request shall be filed with the City Auditor.  If such application or request is granted by the City, the water main shall be tapped, the corporation cock furnished and installed, the service pipe laid to the property line, and the stopcock and iron shut-off box installed.  The applicant or property owner shall pay the City such sum as necessary to cover all costs of the material and labor above described.  All articles and materials shall remain the property of the City and be subject always to the control of the City.

	All service pipes, stop cocks, and other materials and fixtures from the main line to the property line, including cost of street repairs, must be laid and attached, kept in good repair, and protected from frost, at the expense of the applicant, consumer, or property owner, but the service pipes will and shall remain under the control of the City, with the applicant or owner waiving and releasing all claims thereto, except keeping the same in repair and protecting as heretofore provided.  The cost of the pavement repair and/or replacement shall be set from time to time by resolution of the City Council. 

	Any person taking water from any connection service pipes or City water mains must pay all expense thereof from the water main, and shall be charged the cost of the corporation cock, the stop cock and the iron shut-off box.

	7.0106  Water Service - To Property Not Previously Assessed  No permit shall be issued for the making of any connection between any water or sewer line on any property which has not previously been benefitted by existing water and/or sewer lines or whenever the owners of such property have not been assessed for such water and sewer lines, unless and until such person shall have paid or made a written statement with the city to pay in monthly installments within a maximum of five (5) years an amount of money as may be therefore determined by the governing body, such amount shall be based on the area served and benefit resulting to the property involved.  Within 30 days of the receipt of such application, the governing body shall determine the amount of money required to be paid before such connection shall be made, and shall advise the applicant property owner of such determination.  All such money paid and received pursuant to the provisions of this section shall be placed in the water and sewer utility fund and shall be expended in accordance with the purposes of such fund.

	7.0107  Subsequent Connection to Premises  Any party, other than the original applicant, desiring service for premises where a connection has been made pursuant to sections 7.0105 and 7.0106 hereof shall make written application therefore as in cases described in section 7.0105 hereof, and if the connection charge for such premises has not been fully paid at such time, the applicant shall pay or agree to pay the remainder thereof in like manner and time as described in sections 7.0105 and 7.0106 hereof.

	7.0108  Water Meter Deposit - Refund   There shall be and hereby is established a water meter deposit of Fifty and No/100 Dollars ($50.00) payable with the application for service.  Whenever the premises are sold, or service thereto is discontinued at the request of the owner or occupant, the owner or occupant shall, upon demand made by him be entitled to a refund of the deposit provided the water meter is in satisfactory operating condition and no charge for water and sewer to the premises is then delinquent.

	7.0109   Separate Connections for each Premise - Exception	Unless special permission is granted by the Water and Sewer Utility Superintendent, each premise shall have a separate and distinct water service connection and sewer service connection, and where permission is granted for branch service systems, each unit on the branch shall pay the fees as set in 7.0123.

	7.0110   Service Outside City Limits - Prohibited - Exception  No application for water and/or sewer service outside the city limits of the City shall be approved and no person outside of the corporate limits of the City shall hook up to or make connection with the city water and/or sewer system whether the same now is outside or inside the incorporated limits of the City.  Water service and/or sewer service outside the corporate limits of the City may be permitted pursuant to contractual agreement of the governing body arising in limited and extraordinary circumstances but shall be permitted only upon a resolution adopted by the governing body.

	7.0111 Service in Unplatted Areas  No application for water and/or sewer service shall be approved and no person shall hook up to or make connection with the city water and sewer system unless the area to be served by said water and/or sewer connection has been duly platted and the plat approved by the governing body and recorded in the Recorder’s Office of Morton County, North Dakota.

	This prohibition may be waived in limited and extraordinary circumstances, provided the provisions of Section 7.0110 are followed.

	7.0112 Water Service - Construction of - Maintenance of by Owner	  The cost of original installation of all plumbing between the main and any service devices maintained by the consumer and all extensions made to such plumbing, as well as all repairs, shall be borne entirely by the consumer, although such plumbing and services as well as the meters shall at all reasonable times be subject to inspection by duly authorized representatives of the municipality.  Any repairs found to be necessary by such representatives shall be made promptly, or the municipality will discontinue service.

All services shall be constructed by licensed plumbers at the owner's expense, and each service shall be maintained by the owner.  Services heretofore acquired by the issuance of special assessment warrants and assessed against the property, or which may be acquired in the future in like manner, shall likewise be maintained by the owner.  Services means the service line running from the owner’s service devices to the curb stop.

	7.0113 Water Meters - Checked - Fees  Every consumer of water shall provide a suitable place where a water meter can be installed and each consumer shall supply, maintain and change when necessary, the same, and if at any time the consumer desires to have the meter tested for accuracy, the same shall be done by the municipality and a fee of $3.00 charged therefore to the consumer if the meter registers 98% or more accurate.  If the meter registers less than 98% accurate, it shall be replaced and fee refunded.
	7.0114 Unlawful to Use Water Not Metered - Unlawful to Tamper With Curb Cock	It shall be unlawful for any person to use water from any premises without the consent of the owner, or to use water from the municipal water system except when drawn through a meter installed by the municipality.  No person except an authorized representative of the Utility Superintendent shall turn on or off or tamper with any curb cock.

	7.0115  Defective Service - Consumers Duty to Report  All claims for defective service shall be made in writing and filed with the City Auditor on or before the 19th day of the month next succeeding such defective service, or be deemed waived by the claimant; and if such claims so filed, it shall be the duty of the Utility Superintendent to investigate the facts alleged in such claim and determine the amount, if any, which should be refunded to such claimant by reason of such defective service and report such determination to the governing body, and, if approved by that body, such amount shall be allowed as credit on the following bill or paid as other claims, but no claim shall be made against the municipality for any fire or any injuries to the person or property of any consumer of water or sewer service under the provisions hereof.

	7.0116  Users Consent to Regulations   Every person applying for water and sewer service from the municipal system, and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations and rates contained in the resolution or ordinances of the city and to any modification thereof and to all new rules, regulations or rates duly adopted.

	7.0117  Regulations Governing Service   The following rules and regulations shall be considered a part of the contract with every person who takes water and/or sewer service supplied by the city through the city waterworks system and every such person who takes such service shall be considered to be bound thereby.

1.	Shutting Off Water - Who Authorized.  No person except an authorized employee of the water department shall shut off or turn off the water at the curb cock to any premises without first obtaining permission from the water department.

2.	City Reserves Right to Shut Off Water - Notice.  In the case of making repairs or constructing new work, the city reserves the right to shut off the water at once and keep the same shut off as long as may be necessary to accomplish such purposes. Service may also be discontinued for nonpayment of bills or for disregard of rules and regulations affecting the service.  

3.	Non-liability of City for Deficient Supply or Quality of Water.  It is expressly provided that the city shall in no event be or become liable to any consumer of water for a deficiency in the supply of water or the quality thereof, whether by shutting off the same to make repairs or to construct new work or for any other cause whatsoever.

4.	Shutting Off Water - Charge for.  The water department shall make a charge of Twenty and No/100 Dollars ($20.00) each for shutting off or turning on services for any reason or purpose, other than nonpayment of water bill, in which case the reconnection fee shall be Fifty and No/100 Dollars ($50.00), payable in advance of reconnection. 

5.	Entrance and Access to Premises by Waterworks Employees.  Authorized employees of the water and sewer department shall have free access to any premises supplied with water, at proper times, to inspect and ascertain the condition of the meters and fixtures, or for reading meters, and no owner or occupant shall refuse such employees such access.  The water department shall have the right to enter any premises and remove the meter for the purpose of examination and test after first notifying the owner or occupant, and to shut off the water to premises where free access is prevented.

6.	Fire Hydrants - Who May Open.  No person except city employees and fire fighters in the performance of their official duties shall open or cause to be opened any fire hydrant without the written permission of the water superintendent.

	7.	Unlawful for water users to fill chemical tanks at municipal water supplies.		7.0118 Connection to be Supervised by Municipal Employees   In installing water and sewer service, all taps shall be driven, street excavations made, corporation cocks inserted, pipes installed from the main and the curb cock installed in an iron box to which the service is to be connected by the individual, his agent or employee under the supervision, direction and control of the water and sewer department.  Ten feet spacing shall be allowed between all water and sewer lines in new connections to service.  Failure to comply with this section shall be considered a disregard of the rules of the department and service to the affected property can be withheld or discontinued as the case may be.

	7.0119  Service Pipes Specifications   All service pipes connected with the water and sewer utility shall be laid 5 feet and 6 inches below the established grades or as low as the street mains.  All water and sewer pipes shall be of a material approved by the Utility Superintendent.

	7.0120  Curb Cock Specifications       There shall be a curb cock in every service line attached to the water mains, the same to be placed as near as possible to the curb if on a street, or within one foot of the alley line if the main is located in the alley.  Curb cocks shall be supplied with strong and suitable "T" handles and shall be enclosed in a substantial iron case covered with a tight fitting iron lid with the letter "W" cast upon it.  There shall be one or more stops and waste cocks attached to every supply pipe at some point between the curb cock and the meter so that the water can be shut off and the house plumbing entirely drained.  There shall be another such stop and waste cock in the pipe on the house side of the meter.

	7.0121  Check Valves Required When Necessary   Check valves are hereby required on all water connections to stem boilers or any other connection deemed by the Utility Superintendent to require one.  Safety and release valves shall be placed on all boilers or other steam apparatus connection with the water system where the steam pressure may be raised in excess of fifty pound per square inch.

	7.0122  Use of Water During Fire - Unlawful	It is hereby declared to be unlawful for any person in this municipality, or any person owning or occupying premises connected to the utility, to use or allow to be used during a fire any water from said utility except for the purpose of extinguishing said fire; and upon the sounding of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed and that no water is used, except for necessary household purposes during said fire.

	7.0123 Waterworks Customers May Lay Larger Pipes with Hydrants -
When	Whenever proprietors of lumber yards, manufactures, halls, stores, hotels, public buildings or regular customers from the waterworks wish to lay larger pipes with hydrants and hose couplings, to be used only in case of fire, they will be permitted to connect with the street main at their own expense, upon application for a permit to the City Auditor, and under the direction of the City Council will be allowed the use of water, for fire purposes only, free of charge.  No standpipe will be allowed on the premises where the water is not taken for other than fire purposes.

	7.0124  Rates and Charges   Water and sewer rates shall be fixed from time to time by resolution of the governing body and the city reserves the right to change the rates from time to time as it deems best.  The resolution fixing water and sewer rates and charges shall be kept on file in the office of the City Auditor and shall be open for public inspection.  Any change in the rates or charges shall be published at least one time within ten (10) days from adoption in the official newspaper of the city.

	7.0125  Rates and Charges - Liability for   The owner or owners of all real property in the city furnished water or sewer service or service line repairs shall be responsible for the payment of any and all such charges regardless of who the occupant or tenant may be.  Owners of premises where water or sewer service is supplied shall notify the water or sewer department or the City Auditor in case any tenant moves from said premises, prior to such moving.  On request of the owner or owners the City Auditor will bill or cause to be billed the occupant or tenant for such charges, but if such charges are not paid when due by the occupant or tenant, the owner or owners shall be responsible for such charges and they shall be assessed to the property served.  It shall be the duty of the City Auditor to certify to the County Auditor such unpaid water or service charges that are unpaid in the same manner and at the same time as other assessments are certified, and they shall be assessed and collected in the same manner.

	7.0126 Duty to Report to Auditor   Every owner or operator of a multiple dwelling unit shall file with the City Auditor a report indicating the total number of units under his control.  Every owner or operator of a mobile home park shall file with the City Auditor a report indicating the total number of units in the park and shall further notify the City Auditor of any changes in the number of units in the park if the number increases or decreases.

	7.0127  Excavators   No person, firm or corporation shall excavate in or on any street, alley or other public place for the purpose of installing any water and/or sewer connection until they have complied with the provisions of sections 3.0220 through 3.0226 of Chapter 3 of these ordinances.

	7.0128  Restriction of Use of Water   The Water Commissioner of the City of New Salem may from time to time declare that water may not be used for specific purposes or may only be used in certain parts of the city on  certain days for certain purposes.  The city shall have the right to prohibit the watering of lawns and gardens, the washing of cars or such other uses of the water as may be necessary to preserve for the general public an adequate supply of water for consumption and use by the general public.

	7.0129 Established Collection Periods, Sending of Billings, Five-Day Notice, Water Shut-off     When for any reason a meter cannot be read, the meter reader shall leave a card at the place of use notifying the user that use for the previous quarter will be estimated if the meter reading is not given in the space provided and the card delivered to the City Auditor’s office within five (5) days.

	As soon as the reading of meters has been completed, the City Auditor shall send to each water meter holder a billing for water used, for base charges and for other services in accord with the readings and with the rates and charges established by the City Council and in effect at that time.  However, if a property is being rented to a tenant at the time the said billing shall be the responsibility of the property owner.

	Billings shall state that all charges are due and payable at the City Auditor’s office upon receipt of the billing and shall be considered delinquent if not paid within thirty (30) days of the date of billing.  A late-payment charge of one and one-half percent (1.5%) of the unpaid balance shall be added to each delinquent billing for each month or part of a month beyond the thirty (30) days that the billing remains unpaid.
	If the billing is not paid in full within thirty (30) days of its date, the Auditor shall send a five-day notice to the owner that the water will be shut off unless the billing is paid in full within the five days or unless the owner or possible user asks for an informal hearing before the City’s Water and Sewer Committee.

	If the billing has not been paid in full within the five (5) days and if no informal hearing has been requested, the Water Commissioner shall shut off the water service to that property and the water shall not be turned back on until all past due billings, late payment charges and a reconnect fee of Twenty Dollars ($20.00) have been paid in full.

	7.0130 Informal Hearing - Water Shut-off If an informal hearing is requested, the owner or possible user shall meet with the City’s Water and Sewer Committee to explain why the billing has not been paid, to agree on a payment plan, and to receive written notice that if the billing is not paid according to the plan, the water will be shut off without further notice.

	If no agreement is reached at the informal hearing and if the billing remains unpaid, the owner or possible user shall be given written notice at the hearing that the water will be shut off if the billing remains unpaid forty-eight (48) hours after the formal hearing.

ARTICLE 2	Regulation of Sewer Use

	7.0201 Purpose   It is the purpose of this article to provide ordinances regulating the use of public and private sewers and drains, private sewage 
disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system, and to provide penalties for violations thereof, in the City of New Salem, North Dakota.

	7.0202  Definitions   Unless the context specifically indicates otherwise, the meaning of the terms used in the article shall be as follows:

1.	"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter.

2.	"Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

3.	"Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

4.	"Combined Sewer" shall mean a sewer intended to receive both wastewater and storm or surface water.
5.	"Easement" shall mean an acquired legal right for the specific use of land owned by others.

6.	"Floatable Oil" is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.  A wastewater shall be considered free of float able fat if it is properly pretreated and the wastewater does not interfere with the collection system.

7.	"Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

8.	"Industrial Wastes" shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

9.	"Natural Outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

	10.	 "May" is permissive (see "shall," Sec. 18).

	11.	"Person" shall mean any individual, firm, company, association, society, corporation or group.

12.	"pH" shall mean the logarithm of the reciprocal of the hydrogen-ion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.  Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.

13.	"Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch (1.27 centimeters) in any dimension.

14.	"Public Sewer" shall mean a common sewer controlled by a governmental agency or public utility.

15.	"Sanitary Sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

16.	"Sewage" is the spent water of a community.  The preferred term is "wastewater," Sec. 24.

17.	"Sewer" shall mean a pipe or conduit that carries wastewater or drainage water.

18.	"Shall" is mandatory (see "may," Sec. 10).

19.	"Slug" shall mean any discharge of water or wastewater which in concentration of any give constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

20.	"Storm Drain" (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

21.	"Superintendent" shall mean the superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city or his authorized deputy, agent or representative.

22.	"Suspended Solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.

23.	"Unpolluted Water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

24.	"Wastewater" shall mean the spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.

25.	"Wastewater Facilities" shall mean the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

26.	"Wastewater Treatment Works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge.  Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

27.	"Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

28.	"Hearing Board" shall mean that board appointed according to the provisions of Section 7.0209.

	7.0203 	Use of Public Sewers Required

	1.	It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of New Salem, North Dakota, or in any area under the jurisdiction of said New Salem, North Dakota, any human or animal excretement, garbage or other objectionable waste.

	2.	It shall be unlawful to discharge to any natural outlet within the City of New Salem, North Dakota, or in any area under the jurisdiction of said City of New Salem, North Dakota, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

	3.	Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

	4.	The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City of New Salem, North Dakota, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary, the City of New Salem, North Dakota, is hereby required as its expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within sixty (60) days after date of official notice to do so, provided that said public sewer is within 200 feet (61 meters) according to the North Dakota plumbing code, of the property line.

7.0204  When Private Sewage Disposal Permitted

	1.	Where a public sanitary or combined sewer is not available under the provisions of section 7.0203 (4), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.

	2.	Before commencement of construction of a private wastewater disposal system the owner shall first obtain a written permit signed by the City Council.  The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the City Council.  A permit and inspection fee of Three and No/100 Dollars ($3.00) shall be paid to the city at the time the application is filed.  Refer to Ordinance 6.0607, Section 9 - Sewer Regulations for size and regulations.

	3.	A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City Council.  The City Council shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the City Council when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within 24 hours of the receipt of notice by the City Council.

	4.	The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations and/or regulations of the North Dakota State Department of Health.  No permit shall be issued for any private wastewater disposal system not meeting these conditions.  No septic tank or cesspool shall be permitted to discharge to any natural outlet or to the ground surface.

	5.	At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 7.0203 (4), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

	6.	The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.  All sludge or solids, to be disposed of from a septic tank, cesspool or other individual method of disposal shall be disposed of by a licensed septic 
tank pumper in accordance with the North Dakota State Health Department Regulation 23-19-01.
	
	7.	No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the local Health Officer.

	8.	When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
	7.0205 	Building Sewers and Connections

	1.	No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Council.

	2.	There shall be two (2) classes of building sewer permits:  (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes.  In either case, the owner or his agent, shall make application on a special form furnished by the city.  The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.  A permit and inspection fee of Three and No/100 Dollars ($3.00) for a residential or commercial building sewer permit and Five and No/100 Dollars ($5.00) for an industrial building sewer permit shall be paid to the city at the time the application is filed.

	3.	All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

	4.	A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

	5.	Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Council, to meet all requirements of this ordinance.

6.	All items in 7.0203 must be in compliance.

	7.	The size, slope alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.  In the absence of suitable code provisions set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

	8.	Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

	9.	No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer, or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Superintendent and the North Dakota State Department of Health.

	10.	The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All such connections shall be made gas tight and watertight and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

	11.	The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer.  The connection and testing shall be made under the supervision of the Superintendent or his representative.

	12.	All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
	7.0206  Use of Public Sewers

	1.	No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any building drain or sewer which in turn is connected directly or indirectly to the sanitary sewer unless such connection is approved by the City Council and the North Dakota State Department of Health.

	2.	Stormwater other than that exempted under section 7.0206 (1) and all other unpolluted drainage shall be discharged to such sewers as specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Council and the North Dakota State Department of Health.

	3.	No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

		a.		Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

		b.		Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

		c.		Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

		d.		Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

4.	The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute 
a nuisance.  The City Council limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives.  In forming his opinion as to the acceptability, the City Council will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treat ability of the waste in the wastewater treatment plant, and other pertinent factors.  The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:

		a.		Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

		b.		Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.

		c.		Wastewater from industrial plants containing floatable oils, fat or grease.

		d.		Any garbage that has not been properly shredded (see section 7.0202 (13).  Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

		e.		Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials.

		f.		Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent.

		g.		Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

		h.		Quantities of flow, concentrations or both which constitute a "slug" as defined herein.

		I.		Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

		j.		Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

	5.	If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 7.0206 (4), and which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

		a.		Reject the wastes;

		b.		Require pretreatment to an acceptable condition for discharge to the public sewers;

		c.		Require control over the quantities and rates of discharge; and/or

		d.		Require payment to cover the added costs of handling and treating the wastes not covered by sewer charges under the provisions of 7.0206 (11).

If the Superintendent permits the pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be subject to the review and approval of the Superintendent and the North Dakota State Department of Health.

	6.	Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in 7.0206 (4)(c), or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the North Dakota Plumbing Code and shall be located as to be readily and easily accessible for cleaning and inspection.  In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Superintendent.  Any removal and having of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.

	7.	Where pretreatment or flow-equalizing facilities are provided or required by any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

	8.	When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent.  The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

	9.	The Superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance.  These requirements may include:

		a.		Waste waters discharge peak rate and volume over a specified time period.

		b.		Chemical analyses of waste waters.

		c.		Information on raw materials, processes and products affecting wastewater volume and quality.

		d.		Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

		e.		A plot plan of sewers of the user's property showing sewer and pretreatment facility location.

		f.		Details of wastewater pretreatment facilities.

		g.		Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

	10.	All measurements, test and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.  Sampling methods, location, times, durations and frequencies are to be determined on an individual basis by the Superintendent.

	11.	No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.

	7.0207  Damage to Sewer Works Prohibited   No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

	7.0208  Powers and Authority of Inspectors

	1.	The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.

	2.	The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection 
system.  The industry may withhold information considered confidential.  The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

	3.	While performing the necessary work on private properties referred to in section 7.0208 (1), above, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except such as may be caused by negligence or failure of the company to maintain safe conditions as required in section 7.0206 (8).

	4.	The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all 
private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

	7.0209  Hearing Board

	1.	A Hearing Board, consisting of three (3) members, shall be selected as needed for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this ordinance by the Superintendent.

	2.	The Hearing Board shall be the City Council..

	7.0210  Penalties

	1.	Any person found to be violating any provision of this ordinance except section 7.0207 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

	2.	Any person who shall continue any violation beyond the time limit provided for in section 7.0210 (1), shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding One Hundred and No/100 Dollars ($100.00) for each violation.  Each day in which any such violation shall continue shall be deemed a separate offense.

	3.	Any person violating any of the provisions of this ordinance shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

	7.0211  Validity	All ordinances or parts of ordinances in conflict herewith are hereby repealed.

	The validity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

ARTICLE 3	Sewer Surcharge

	7.0301  Purpose

	1.	The purpose of this article shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system.  The costs shall be distributed to all users of the wastewater system in proportion to each user's contribution to the total loading of the treatment works.  Factors such as strength (BOD and TSS), volume and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user.

	2.	The definitions set forth in section 7.0202 of this chapter shall also apply to this article.

	7.0302 Determining the Total Annual Cost of Operation and Maintenance The City of New Salem, North Dakota, or its City Engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works are designed and constructed.  The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.

	7.0303 Wastes Prohibited from Being Discharged to the Wastewater System   The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, or to constitute a hazard in the receiving waters of the wastewater treatment plant is hereby prohibited.

ARTICLE 4	Adoption of State Plumbing Code

	7.0401  Adoption   To promote and protect the public health there is hereby adopted the State Plumbing Code, which has been adopted by the State Plumbing Board and approved by the State Health Department, consisting of rules and 
regulations governing plumbing work, and the whole thereof, of which not less than one (1) copy is on file in the office of the City Auditor, and the same is hereby adopted as fully as if set out at length herein and all plumbing work in the City of New Salem shall comply with said code.

	7.0402  Plumbing Code - Enforcement of Provisions   All plumbing work and all private sanitary drains and cesspools now existing, or hereafter to be installed, altered or repaired in any building or in or under any private property within the corporate limits shall be under the supervision and regulation of the Superintendent of the Water and Sewer, whose duty it shall be to enforce all the provisions of this code relating thereto and from time to time to make such rules and regulations as may be appropriate for the execution of the same.

	7.0403   Plumbing Code - Changes in Existing Installations	   The City Council or the Water Commissioner of the Water and Sewer Department is hereby given authority to order the repair, alteration or removal of any sanitary sewer connection or plumbing, any connection to storm water sewer, or any private sanitary drain, cesspool or privy, which in his judgment is so installed or is in such condition as to be unsanitary, or to constitute a public nuisance or menace to health.  In case of such repair, alteration or removal, if the plumbing code is not observed and connections not properly executed by the owner or owners thereof, in accordance with his directions, he may cause the same to be discontinued from any source of water supply.  It shall thereafter be unlawful for any person in any manner to use any such installation, or to supply water thereto, until the same shall have been put in a safe and sanitary condition according to his directions.

	7.0404  Plumbing Code - New Installations   All plumbing work and all excavations in the public streets or alleys, the cutting and replacing of pavement, laying of water and sewer connections, and connections to storm water sewers, and all construction of private sanitary drains and cesspools, within the corporate limits shall be undertaken and executed only by a master plumber, or other persons, as have obtained a general license for such work, together with a permit for each separate job, provided that the tapping of water mains and the placing of corporate cocks therein shall be done only under the direction of city employees.

ARTICLE 5	Municipal Street Lighting System

	7.0501 Street Lighting System, Operation of     Pursuant to the powers granted municipalities by Section 40-05-01 of the North Dakota Century Code, and in order to provide necessary street lighting for the safety and well-being of the citizens of the City of New Salem shall operate the municipal street lighting system and shall charge its costs against all property withing the City and against any property outside the City receiving City water, sewer or both services.

	7.0502 Same: Under Control of   All properties and other assets set aside or held by the City Council for such system and all moneys to be derived from operation of said Council and shall be operated under such rules, regulations, terms and conditions as said Council may from time to time establish.

	7.0503 Rates and Charges The City Council in order to provide funds to defray the operation of the street lighting system may from time to time, by resolution, establish, maintain and change a schedule of rates, charges and fees for all services, facilities and benefits furnished by the system, and may impose and collect the same, monthly, or in the time and in the manner said Council may provide, against all property within the City and against any property outside the City receiving City water, sewer or both services.

	7.0504 Same: Billed and Collected The rates and charges shall be billed and collected in the manner and time as water and sewer charges are billed and collected, and the rates and charges shall be charged against both the owner of the property deemed to be benefitted by services of the system and his lessee or agent and shall be a personal liability on the system and his lessee or agent and shall be a personal liability on the part of each and both and may be collected from either.

	7.0505 Street Lighting System To Be Self-Supporting Said system shall be so operated and maintained, and the rates and charges for use of its facilities shall be such as to make the system self-supporting and self-perpetuating and adequate to pay all costs of operation of said system, and to pay all obligations of the City incurred in establishing and improving the system, provided, however, nothing herein shall be deemed or construed to preclude the City from defraying any part of the expense of the operation or of any improvement or extension of the system by the levy of special assessments or taxes or the issue of general obligation bonds, whenever and to the extent that such action is authorized in the manner provided by law and its deemed fair and equitable by the City Council.

	7.0506 Owners and Tenants Jointly Liable Owners and tenants of the property upon which the city has imposed charges and fees for the street lighting system shall be jointly and severally liable for payment of all said charges and fees.

	7.0507 Lien Upon Property All charges and fees imposed on property pursuant to this article shall be a lien upon the said property.  If said charges and fees have been delinquent for more than sixty (60) days, they shall be certified to the Auditor of Morton County who shall place them on the tax rolls to be collected as other municipal taxes are collected.

ARTICLE 6	General Penalty Provision

	7.0601 Penalty for Violation of Chapter   Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction and, upon conviction thereof by a court of competent jurisdiction, shall be subject to a fine of not exceeding Five Hundred Dollars ($500.00) for each violation.

RESOLUTION ESTABLISHING WATER AND SEWER SERVICE CHARGES

Pursuant to ARTICLE 3 of Chapter 7, and Ordinance 7.0124 of the Municipal Ordinances of the City of New Salem, be it resolved that there is hereby established the following monthly rates and charges for water and sewer service supplied by the City: These rate go into effect January 1, 2004.

1.	Water Rates	

			All water users will pay $3.25 per 1,000 gallons, which shall be collected on a quarterly basis following the ending of quarters on November 30, February 28 or 29, May 31, and August 31 of each year.

1.	Sewer Rates	

a.	Residential Users:

						a.  First 7,000 gallons - $6.00 (per quarter)

						b.  Over 7,000 gallons - $ .30 per 1,000 gallons

			b.   Commercial Users:

				     a.  First 16,300 gallons - 15% surcharge

c.    Such additional surcharges as may be imposed pursuant to Appendix A of Article 7.03 of these ordinances.

1.	Water and Sewer Hook-up Fees

			A connection fee of $800.00 will be charged for hook-up.

Dated this ______  day of __________________________ , 2004.

											NEW SALEM CITY COUNCIL

											BY:                                                                  
											        Mayor

ATTEST:

                                                        
City Auditor

CHAPTER EIGHT

BUSINESS REGULATIONS AND LICENSES

ARTICLE 1 - General Provisions

8.0101	Licenses
8.0102	Licenses - Application
8.0103	Licenses - Granting
8.0104	Licenses - Term 
8.0105	Licenses - Not Transferable
8.0106	Licenses - Revocation
8.0107	Licenses - Posting of
8.0108	Licenses - Short Term
8.0109	Licenses - Enforcement

ARTICLE 2 - Transient Merchants

8.0201	Definitions 
8.0202	License Required
8.0203	License Fee
8.0204	License - Application for
8.0205	Bond
8.0206	Service of Process
8.0207	Exhibiting License
8.0208	Transfer
8.0209	Enforcement by Police
8.0210	Revocation 
8.0211	Expiration of License 

ARTICLE 3 - Hawkers and Peddlers

8.0301	Definitions 
8.0302	License Required 
8.0303	Exceptions
8.0304	License - Application for
8.0305	Fees 
8.0306	Exhibition of License
8.0307	Transfer
8.0308	Use of Streets
8.0309	Enforcement
8.0310	Revocation

ARTICLE 4 - Runners, Solicitors and Canvassers

8.0401	Definitions
8.0402	Exceptions
8.0403	License Required

8.0404	License - Application
8.0405	Fees
8.0406	Exhibition of Licences
8.0407	Transfer
8.0408	Use of Streets
8.0409	Enforcement
8.0410	Revocation

ARTICLE 5 - Solicitation Without Invitation

8.0501	Definition
8.0502	Enforcement

ARTICLE 6 - Alcoholic Beverages

8.0601	Definitions
8.0602	Exceptions 
8.0603	License Required 
8.0604	Licenses - Class of - Fee 
8.0605	Licenses - Limit of Number
8.0606	Licenses - Term of 
8.0607	License - Qualifications for 
8.0608	Application for Liquor License
8.0609	License - Application Fitness
8.0610	License - Location of 
8.0611	License - Granting 
8.0612	License - Limit to One Application
8.0613	License - Posting of 
8.0614	License - Transfer of
8.0615	License Fees - Disposition of
8.0616	Hours and Time of Sale 
8.0616.1 Sunday Alcohol Sales by Eating Establishments
8.0616.2 Sunday Alcohol Beverage Permit
8.0617	Licensee's Responsibility 
8.0618	Gambling Prohibited - Exceptions
8.0619	Cashing Certain Checks Prohibited
8.0620	Sales Prohibited - Items 
8.0621	Sales Prohibited - Persons
8.0622	Minors in Licensed Premises
8.0623	Age Identification
8.0624	Sales, Open Container or Consumption Prohibited
8.0625	Premises, Equipment of 
8.0626	Closed or Screened Areas
8.0627	Purchase from Licensed Wholesaler
8.0628	Toilets Required
8.0629	Termination or Revocation of Licenses
8.0630	Entertainment
8.06031	Penalties

ARTICLE 7 - Shows, Carnivals and Circuses

8.0701	License Required
8.0702	Fees for

ARTICLE 8 - Validity

8.0801	Validity

ARTICLE 9 - Penalty

8.0901	Penalty

												

CHAPTER EIGHT

BUSINESS REGULATIONS AND LICENSES

ARTICLE 1	General Provisions

	8.0101 Licenses   Unless otherwise specifically provided licenses and permits required for the carrying on of a business or trade within the city shall be applied for, issued, terminated and revoked according to the provisions of this article.

	8.0102  Licenses - Application   Any person desiring a license or permit under any ordinance of the city shall make a written application to the city therefore upon application blanks furnished by the City Auditor and file the same with the City Auditor, stating the purpose for which the same is desired, for what length of time, and specifying the place where his business is to be carried on; if required to file a bond before being licensed he shall also name his proposed sureties on his bond in his application.

	8.0103  Licenses - Granting   The City Auditor shall receive applications for licenses and permits and grant the same in all cases where expressly authorized upon the terms and conditions specified by ordinance.  If he shall not feel authorized to grant any particular application for license or permit for any purpose not named by ordinance, he shall report such application to the next meeting of the governing board for their action thereon.

	8.0104 	Licenses - Term

	1.	No license or permit shall be granted for a longer period than one (1) year.

	2.	All yearly licenses or permits shall commence on the first day of January in each year and expire on the last day of December in each year.  All semi-annual licenses or permits shall commence on the first day of January and the first day of July and expire on the last day of June and the last day of December respectively.

	3.	No license or permit shall be valid until signed and sealed nor shall any persons be deemed licensed until a license shall be duly issued to him.

	4.	Each license shall be dated the day of issuance thereof; but if the applicant or applicants shall have been acting without a license, the license shall commence with the date business commenced; if the business calls for a yearly license then a license shall commence on the first day of January in the year for which the license shall be issued.

	5.	The date of issuance of the license, together with the time of commencing and expiration shall be given in the license and the license record.
	8.0105 Licenses - Not Transferable   No license or permit shall be assignable or transferable except by permission of the governing board.  No person other than the person to whom the license is granted shall be authorized to do business or act under such license or at any other than the place specified therein.  The city may grant the continuance of the business licensed to any other portion of the city, such permission to be certified on the license by the city auditor.  No license shall authorize any person to act under it at more than one (1) place at the same time, or at any other place than is therein specified.  Whoever shall violate any of the provisions of this section shall be deemed to be acting without a license and shall be subject to the same penalty as prescribed for acting without a license.

	8.0106 Licenses - Revocation   All licenses granted shall be subject to ordinances in force at the time of issuing thereof or which may be subsequently passed by the city's governing body.  Any person who shall violate any provision of this article relating to his license may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited in the discretion of the governing body or the court before which any action may be brought for the recovery of any fine or penalty.

Where not otherwise provided any license may be revoked by the governing board at any time for cause.  "Cause" shall include, but not be limited to, the following:

1.	Violation of the laws of the State of North Dakota, or any of the ordinances of the city dealing with or pertaining to the business or trade licensed.

2.	The willful making of any false statement as to a material fact in the application for license.

3.	Permitting any disorderly or immoral practices upon the premises where the licensee is licensed to carry on the business or trade.

4.	The death of a licensee.

5.	When the licensee ceases business at the location licensed.

6.	When the licensee ceases to be a legal and bona fide citizen of the State of North Dakota.

When the license is terminated or revoked for cause, the licensee or those claiming under him, shall not be entitled to any return of any portion of the license fee previously paid to the city.

	8.0107 Licenses - Posting of   All licenses and permits issued by the city for the operation of any business establishment, trade or any part of the operation thereof, shall be posted in a conspicuous place in the main business establishment.  Where badges representing permits or licenses are issued to be worn by an individual such licensee shall wear such badge during the normal course of employment for which said badge was issued.

	8.0108 Licenses - Short Term   No license unless otherwise specified shall be issued for a fractional part of the year, but shall relate back if taken out subsequent to the first day of January of each year.

	8.0109 Licenses - Enforcement   All city officials having duties to perform with reference to licensed premises, including all police officers, shall have authority to enter the licenses premises with or without a search warrant to check for violations of ordinances or state laws by the licensee.

ARTICLE 2	Transient Merchants

	8.0201 	Definitions

	For the purpose of this article:

1.	"Transient merchant" includes any person, individual, co-partnership or corporation, or limited liability company, either as principal or agent, who engages in, does, or transacts any temporary or transient business in the City of New Salem or within one-half (½) mile of the municipal limits, either in one locality, or in traveling from place to place selling, or soliciting orders for future delivery of, goods, wares,  merchandise, personal property and personal services including spraying, trimming, or pruning of trees and shrubs of all species, painting or repairing buildings or structures, pest or rodent control, and taking photograph of present or future delivery,  who does not intend to become and does not become a permanent merchant of the City of New Salem and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, structure, lots, tract, railroad car or motor vehicles for the exhibition and sale of such goods, wares and merchandise.  The person, individual, co-partnership or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

2.	"Merchandise" does not include any livestock or agricultural product.

	8.0202 License Required   It shall be unlawful to do business in the city as a transient merchant without having first secured a license therefore as is herein provided.  For the purpose of this article any merchant engaging or intending to engage in business as a merchant in the city for a period of time not exceeding 100 days shall be considered as a transient merchant, provided that peddlers shall not be considered transient merchants.

	8.0203 License Fee   The license fee to be required of all transient merchants for the transaction of such business within the city, is contemplated in and provided for in and by section 51-04-09, North Dakota Century Code, is hereby fixed at the sum of $25.00 per day for each and every day during which any such transient merchants shall transact business in the city.

	8.0204 License - Application for   Applicants for license under this article, whether an individual, co-partnership or corporation, shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the city auditor, showing:

1.	Applicant's name, present residence, present home address, present business address, and if a corporation, under the laws of what state the same is incorporated;

2.	The name, present residence, present home address, and present business address of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city;

3.	The residence, business address, and type of business in which applicant has been engaged in the previous two (2) years;

4.	The residence, business address, and type of business in which the person having the management or supervision of applicant's business has been engaged in the previous two (2) years;

5.	The place or places in the city, where it is proposed to carry on applicant's business, and the length of time during which it is proposed that said business shall be conducted;

6.	The kind of business to be conducted;

7.	The name and address of the auctioneer, if any, who will conduct the sale; and

8.	A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant, in the city, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed.

	8.0205 Bond   Before any license shall be issued to a transient merchant for engaging in business in this city, the applicant therefore shall file with the City Auditor a bond running to the city in the sum of $1,000.00 executed by the applicant, as principal, and a responsible surety upon which service of process may be made in the State of North Dakota; said bond not to be revocable nor to terminate prior to passage of two years time after the expiration of the license issued pursuant thereto nor until due notice that the terms of the bond are to be canceled has been given to the City Auditor; said bond to be approved by the City Attorney, conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the city and the statutes of the State of North Dakota, regulating and concerning the sale of goods, wares and merchandise and will pay all judgments rendered against said applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentation or deceptions were made or practiced by the owners or by their servants, agents, or employees, of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof.  Action on the bond may be brought in the name of the city to the use of the aggrieved person.

	8.0206 Service of Process   Before any license as herein provided shall be issued for engaging in business as a transient merchant, as herein defined, in this city, such applicant shall file with the City Auditor an instrument nominating and appointing the City Auditor his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in 
respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by this article, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license under this article, according to the law of this state or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.  Immediately upon service of process upon the City Auditor, as herein provided, the City Auditor shall send to the licensee at his last known address, by registered mail, a copy of said process.

	8.0207 Exhibiting License   The license issued under this article shall be posted conspicuously in the place of business named therein.  In the event that such person or persons applying for said license shall desire to do business in more than one place within the city, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business.

	8.0208 Transfer   No license issued to a transient merchant in the city shall be transferred.

	8.0209 Enforcement by Police   It shall be the duty of the police officers of the city to examine all places of business and persons in their respective territories subject to the provisions of this article, to determine if this article has been complied with and to enforce the provisions of this article against any person found to be violating the same.  The City Auditor shall deposit with the Chief of Police a record of each license number, together with the location within the city of the business licensed thereunder to assist and promote such enforcement.

	8.0210 	Revocation

9.	Any license issued pursuant to this article may be revoked by the governing body of the city, after notice and hearing for any of the following causes:

		a.	Any fraud, misrepresentation or false statement contained in the application for license;
		b.	Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or merchandise;

		c.	Any violation of this article;

		d.	Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or

		e.	Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

2.	Notice of hearing for revocation of a license shall be  given in writing, setting forth specifically the    grounds of the complaint and the time and place of the hearing.  Such notice shall be mailed, postage prepaid, to the licensee at his last known address, at lease five (5) days prior to the date set for the hearing.

	8.0211 Expiration of License   All licenses issued under the provisions of this article shall expire at the expiration of the period for which application has been made and prepaid, to be renewable by the City Auditor upon application and payment therefore.

ARTICLE 3	Hawkers and Peddlers

	8.0301 Definitions   The word “person” as used herein shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership or society, or any other organization.  The words "hawker" and "peddler" as used herein shall include any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, or merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who without traveling from place to place, shall sell or offer the same for sale from an automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits as a part of a scheme or design to evade the provisions of this article shall be deemed a hawker or peddler subject to the provision of this article.

	8.0302 License Required	It shall be unlawful for any person to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefore, except for items stated in 8.0303.

	8.0303 Exceptions   No license shall be requested for peddling, vending or marketing farm products raised in the State of North Dakota, fish, vegetables, fruits, nuts, cake, candy, ice cream, or other light products or refreshments.

	8.0304 License - Application For    Application for license under this article must file with the City Auditor a sworn application in writing, which shall give the following information:

	1.	Name, age and sex of the applicant;

	2.	Address (legal and local);

3.	A brief description of the nature of the business and the goods to be sold;

4.	If employed, the name and address of the employer, together with credentials establishing the exact relationship;

5.	The length of time for which the right to do business is desired;

6.	If a vehicle is to be used, a description of the same, together with license number; and

7.	A statement as to whether or not the applicant has been convicted of any crimes, misdemeanors or violations of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore.

	8.0305 Fees   The license fee to be required of all hawkers and peddlers for the transaction of business within the city shall be in the sum of $25.00 dollars per day for each day or portion of the day which any such hawker or peddler shall transact business in the city.

	8.0306 Exhibition of License   Hawkers and peddlers are required to exhibit their licenses at the request of any citizen.

	8.0307 Transfer   No license issued under the provisions of this article shall be transferred or used at any time by any person other than the one to whom it was issued.

	8.0308 Use of Streets   No hawker of peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted to a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.  For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

	8.0309 Enforcement   It shall be the duty of any police officer of this city to require any person seen hawking or peddling, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this article against any person found to be violating the same.

	8.0310	Revocation

1.	Licenses issued under the provisions of this article  may be revoked by the governing body of the city after notice and hearing for any of the following  causes:

		a.	Fraud, misrepresentation, or false statement contained in the application for license;

		b.	Fraud, misrepresentation, or false statement made in the course of carrying on his business;

		c.	Any violation of this article;

		d.	Conviction of any crime or misdemeanor involving moral turpitude;

		e.	Conducting the business of hawking or peddling in an unlawful manner or in such a manner as to constitute a breach of peace, or constitute a menace to the health, safety, or general welfare of the public.

	2	Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.  Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.  
ARTICLE 4	Runners, Solicitors and Canvassers

	8.0401 Definitions   A “runner”, “canvasser”, or "solicitor" is defined as any individual whether resident of the city or not, traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

	8.0402 Exceptions   No license shall be required hereunder for runners, solicitors, or canvassers of regular retailers of goods, wares and merchandise, and personal property, but only for those runners, solicitors, and canvassers selling directly to the consumer.

	8.0403 License Required   It shall be unlawful for any person to engage in the business of runners, solicitors and canvassers of any merchandise, article or thing without having first secured a license therefore.

	8.0404 License - Application For   Applicants for license under this article must file with the City Auditor a sworn application in writing, which shall give the following information:

1.	Name, age and sex of the applicant;

2.	Address (legal and local);

3.	A brief description of the nature of the business and the goods to be sold;

4.	If employed, the name and address of the employer, together with credentials establishing the exact relationship;

5.	The length of time for which the right to do business is desired;

6.	If a vehicle is to be used, a description of the same, together with license number; and

7.	A statement as to whether or not the applicant has been convicted of any crimes, misdemeanors or violations of any municipal ordinance, the nature of the offense and punishment or penalty assessed therefore.

	8.0405 Fees  The license fee to be required of all runners, solicitors and canvassers for the transaction of business within the city shall be in the sum of $25.00 per day for each day or portion of the day which such runner, solicitor or canvasser shall transact business in the city.

	8.0406 Exhibition of License   Runners, solicitors, and canvassers are required to exhibit their licenses at the request of any citizen.

	8.0407 Transfer   No license issued under the provisions of this article shall be transferred or used at any time by any person other than the one to whom it was issued.

	8.0408 Use of Streets   No runner, solicitor, or canvasser shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.  For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

	8.0409 Enforcement   It shall be the duty of any police officer of this city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this article against any person found to be violating the same.

	8.0410 	Revocation

1.	Licenses issued under the provisions of this article  may be revoked by the governing body of the city after notice and hearing, for any of the following causes:

		a.	Fraud, misrepresentation, or false statement contained in the application for license;

		b.	Fraud, misrepresentation, or false statement made in the course of carrying on his business;

		c.	Any violation of this article;

		d.	Conviction of any crime or misdemeanor involving moral turpitude;

		e.	Conducting the business of soliciting and canvassing in an unlawful manner or in such manner as to constitute a menace to the health, safety, or general welfare of the public.

2	Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at last known address at least five days prior to the date set for the hearing.

ARTICLE 5	Solicitation Without Invitation

	8.0501  Definition   The practice of going in and upon private residence or privately owned property in the city by solicitors, peddlers, hawkers, itinerant merchants, transient vendors of merchandise, photographers and magazine and periodical subscription agents, not having been requested or invited to do so by the owner or owners, occupant or occupants of such private residences or private property, for the purpose of soliciting orders for the sale of goods, wares, and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same, and for the purpose of soliciting subscriptions to magazines or periodicals and/or for the purpose of taking photographs is hereby declared to be a nuisance and unlawful.

	8.0502 Enforcement   The Chief of Police and all police officers in the city are hereby required and directed to suppress the same and to abate any such nuisance as described in 8.0501.

ARTICLE 6	Alcoholic Beverages

	8.0601  Definitions	

	For the purpose of this article:

1.	"Alcohol" means neutral spirits distilled at or above one hundred ninety degrees proof, whether or not such product is subsequently reduced, for nonindustrial use.

		2.	"Alcoholic beverages" means any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

	3.	"Beer" shall mean any malt beverage containing more than one-half of one percent of alcohol by volume.

	4.	"Distilled spirits" means any alcoholic beverage that     is not beer, wine, sparkling wine, or alcohol.

5. "Licensed premises" means the premise on which beer,  liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.                                                             
		6.	"Liquor" shall mean any alcoholic beverage except beer.

	7.	"Sparkling wine" means wine made effervescent with carbon dioxide.

	8.	"Wine" means the alcoholic beverage obtained by
fermentation of agricultural products containing neutral or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.

	9.	"Package" and "original package" shall mean and include any container or receptacle containing an alcoholic beverage, which container or receptacle is corked or sealed by the manufacturer thereof and which cork or seal has not been removed or broken prior to the sale of such package to the purchaser.

		10.	"Club" or "lodge" shall include any corporation or association organized for civic, fraternal, social or business purposes, or the promotion of sports, which has at least 200 members at the time of application for license and which was in existence on November 3, 1936.

	11.	"Retail sale" shall mean the sale of alcoholic beverages for use or consumption and not for resale.

   	12.	"Off-sale" shall mean the sale of alcoholic beverages in original packages for consumption off or away from the premises where sold, and an off-sale license shall authorize the person named therein to conduct such off-sales only at the place designated in such license and not elsewhere, and shall not permit the opening of the package sold on the premises where sold.  Such sale must in each case be completed by delivery of the liquor sold to the actual purchaser thereof on the licensed premises.

   	13.	"On-sale" shall mean the sale of alcoholic beverages for consumption only on the premises where sold, and an on-sale license shall authorize the licensee to conduct such on-sales only at the place designated in such license and not elsewhere.

	8.0602  Exceptions

1.	This article shall not apply to wines delivered to priests, rabbis and ministers for sacramental use.

2.	This article shall not be construed to apply to the following articles, when they are unfit for beverage purposes:

		a.	Denatured alcohol produced and used pursuant to Acts of Congress, and the regulations thereunder.

		b.	Patent, proprietary, medical, pharmaceutical, antiseptic and toilet preparations.

		c.	Flavoring extracts, syrups and food products.

			d.	Scientific, chemical, and industrial products; nor to the manufacturer or sale of said articles containing alcohol.

	8.0603 License Required   No person shall sell at retail within the city limits of this city any alcoholic beverage without first having obtained a license therefore as herein provided.  This section shall not apply to public carriers engaged in interstate commerce.

	8.0604 	Licenses - Class of - Fee

1.	Wholesalers licenses are established at an annual fee of $750.00.

1.	On and off-sale licenses are established at an annual fee of $1000.00.

1.	Off-sale licenses are established at an annual fee of $300.00.

1.	On sale licenses for Private Clubs only are established at an annual fee of $200.00

1.	On sale licenses are established at an annual fee of $750.00

1.	Sunday alcohol beverage permits are established at an annual fee of $50.00.
	
	8.0605 Licenses - Limit of Number    The maximum number of licenses which may be issued are:

		On and Off-Sale License ------------Five (5)
		Off-Sale License --------------------- One (1)
		On-Sale License ---------------------- One (1)
		Private Clubs, On-Sale Only -------- One (1)

	8.0606 	Licenses - Term of

	1.	All licenses issued hereunder shall be for a period of not more than one (1) year expire on December 31st. 

	2.	If an application is made for license hereunder during the annual period for the unexpired portion of such half years the fees for said license shall be       proportional to represent the number of whole months which said license will be in effect.

	8.0607 License - Qualifications for   No retail license shall be issued to any person unless the applicant shall file a sworn application, accompanied by the required fee, showing the following qualifications:

1.	The applicant, other than corporate, must be a legal resident of the United States and State of North Dakota and be a person of good moral character.

2.	If applicant is a corporation, the manager of the licensed premises and the officers, directors and  stockholders must be local residents of the United  States and persons of good moral character.  Corporate applicants must first be properly registered with the Secretary of State.

3.	Applicant or manager must not have been convicted of an offense determined by the governing body to have a direct bearing upon an applicant's or manager's ability to serve the public as an alcoholic beverage retailer.

4.	Building in which business is to be conducted must meet local and state requirements regarding the sanitation and safety.

5.	Taxes on property for which application for license is made must not be delinquent.

6.	If applicant's place of business is to be conducted by a manager or agent, said manager or agent must possess the same qualifications required of the licensee.

7.	The applicant may not have any financial interest in any wholesale            alcoholic beverage business.

	8.0608 Application for Liquor License   Any person desiring a license to sell alcoholic beverages at retail as hereinbefore described shall make and present a written verified application to the governing body of this city, filed with the City Auditor, containing the following information:

1.	The name and address of the applicant; if the applicant is a co-partnership, the name and address and place of residence of each member of said co-partnership; if the applicant is a corporation, the name and address of the officers of the corporation and the manager of the licensed premises.

2.	Whether the applicant is a citizen of the United States, and if a naturalized citizen, the date and place of naturalization and place of residence of the applicant for a period of one year last preceding the date of application; if the applicant is a co-partnership the same preceding information for each member of said co-partnership; and if the applicant is a corporation, the date of incorporation, the state where incorporated, the purpose for which said corporation was incorporated and if such corporation is a subsidiary of any corporation, the name of the parent corporation.

3.	The legal description and the address of the premises for which license is sought.

	4	A diagram or blueprint of the building or property showing the area to be designated as the licensed premise.
5.	The date on which the applicant acquired title to the premises sought to be licensed, and if the applicant does not have title to said premises, the name and address of the owner of the premises together with a copy of 
the applicant's lease, if written, under which he holds possession of said premises.
	
6.	Whether there are any delinquent taxes against the premises sought to be licensed.

7.	Whether the applicant has ever engaged in the sale or distribution of alcoholic beverages prior to this application, and if so, the date and type of business and place where so engaged whether within or without the State of North Dakota, the date the applicant first began to operate.

8.	Whether the applicant had ever had a license revoked or canceled by a municipal, state or federal authority, and if so, the date of such cancellation, the place and authority canceling the same, and the reason for such cancellation.

9.	Whether the applicant has ever been convicted of the violation of any law of the United States or of any state, or of the violation of any local ordinance, with regard to the manufacture, sale, distribution or possession of alcoholic beverages, and if so, the dates, names of place, and courts, in which said convictions were had.

10.	Whether the applicant has ever had a license for the sale of alcoholic beverages revoked for any violation of state laws or local ordinances, and if so, the names of the bodies revoking such license, the dates of such revocation, and the reasons assigned therefore.

	11.	Whether the applicant has ever been convicted of any other crime than stated in subsections (8) and (9) here-of, in this state or any other state, or under any federal law, and if so, the date of such conviction, the name of the crime for which convicted, the amount and terms of sentence passed, and the court in which convicted.

	12.	The name and address and the place of residence for a period of one year prior to the date of application of any person who will have charge, management, or control of the establishment for which license is     	sought.
	13.	Whether any other person than the applicant has any right, title, estate or interest in the leasehold or in the furniture, fixtures, or equipment in the premises for which license is sought, and if so, the name and address of such person together with a statement of the interest. 

	14.	Whether the applicant has any interest whatsoever directly or indirectly, in any other establishment dispensing alcoholic beverages, either at wholesale or retail, within or without the State of North Dakota, and if so, the names and addresses of such establishments.  This provision is meant to include the holders of capital stock in any corporation dealing in alcoholic beverages, either at wholesale or retail, and within the borders of the United States.

	15.	The occupations which the applicant has followed during the past five years.

	16.	The names and addresses of at least three business  references.

	17.	Whether the applicant is rated by any commercial agency, and if so, the name and address of said agency.

	18.	Whether the applicant is engaged in any other business or intends to be engaged in any other business than the sale of alcoholic beverages under the license for which application is made, and if so, the type of business, and if an employee, the name and address of the employer.

	19.	The classification of license applied for.

	20.	If the applicant is a lodge or a club, the date of organization, the number of members, the purpose for which organized, and the purpose for which profits to be derived from the sale of alcoholic beverages are to be applied; and whenever required by the governing body a list of the members belonging to such lodge or club.

	21.	A statement by the applicant that he consents to entry and inspection of the premises for which license is sought or any part thereof at any time by any police officer, sheriff or any peace officer of this city or of the State of North Dakota.

	22.	Such other and further information as the governing body may from time to time require.

	8.0609 License - Application Fitness   The Chief of Police or such other person or officer as may be designated by the governing body shall, upon the filing of an application investigate the facts as stated in the application and the
character, reputation and fitness of the applicant, and shall report on said matters to the governing body.

	8.0610 License - Location of   No license shall be issued or transferred to any person, firm or corporation to engage in the sale of beer or alcoholic beverages within the city without approval as to the location of said licensed business by the governing board.  The application for approval shall be in writing filed with the board.  At the time of hearing the board shall in its discretion determine if said 
location is in harmony with the public interest and welfare of the community, and shall consider among other things the following factors:

1.	The convenience of police regulations.

2.	Public health and sanitation.

3.	Proximity of other licensed businesses.

4.	Proximity of schools, churches, funeral homes, public buildings, or buildings used by or for minors.

5.	Any protests of neighboring property owners or occupants.

6.	Zoning regulations.

7.	Proposed on or off-sale or both licensee.

8.	Interference with or proximity to residential property.

9.	Interference with neighboring property.

 	10.	Suitability of premises for sale of beer, liquor or alcoholic beverages.

	11.	Public convenience and necessity.

	8.0611 License - Granting   After the governing body of the city has received the application as provided herein they shall meet and consider the same.  If they find that the applicant meets the qualifications for a license and are satisfied as to the completeness and the accuracy of the information contained in the application, they may grant the license.  If they find that the applicant does not meet with 
the qualifications or they are not satisfied as to the completeness or accuracy of the information they may request that the applicant supply more verified information to the governing body or they may reject the application.

	8.0612 License - Limit to One Applicant   Not more than one license of each classification shall be issued or granted to any applicant; and each license shall be valid only for the specific premises licensed.

	8.0613 License - Posting of   License issued here-under shall be posted in a conspicuous place in the premises for which the license has been issued.

	8.0614 License - Transfer of   No license under the provisions of this article shall be transferable and any attempt to do so shall constitute a violation of the provisions of this article.

	8.0615 License Fees - Disposition of   All license fees collected under this article shall be transferable to the Auditor of this city and credited to the general fund of the city.

	8.0616 Hours and Time of Sale   Anyone who dispenses or permits the consumption of alcoholic beverages on a licensed premises after one o’clock a.m. on Sundays, before eight o'clock a.m. on Mondays or between the hours of one o’clock a.m. and eight o’clock a.m. on all other days of the week or who so dispenses or permits such consumption after one o’clock a.m. on Thanksgiving Day, on Christmas Day, or after six o’clock p.m. on Christmas Eve is guilty of an offense. Anyone licensed by the City governing body to sell alcoholic beverages may apply to the City governing body for a permit to sell alcoholic beverages under that license during the hours from twelve noon on Sundays to one o’clock a.m. on Mondays.  The authority for issuing the permit rests solely with the City governing body.  The fee for this permit shall be set by resolution of the City governing body.  (Source: North Dakota Century Code Section 5-02-05, 5-02-05.1)

	8.0616.1  Hours of Operation of Licensed Premises   All licensed premises under this article shall be closed between the hours of one a.m. and eight a.m. on all days of the week.  Any licensee who permits persons to remain on the licensed premises between the hours of one a.m. and eight a.m. shall be guilty of violation of this article.

	8.0616.2	Sunday Alcohol Beverage Permit    
Anyone licensed by the City governing body to sell alcoholic beverages may apply for a Sunday alcoholic beverage permit for an annual fee of $50.00.  Each Sunday alcoholic beverage permit holder may elect to remain open twelve (12) Sundays each year during the hours of twelve noon on Sunday to one a.m. Monday.  On each Sunday the permit holder elects to remain open, the City Auditor shall be notified of such election at least 48 hours prior to the Sunday permit holder wishes to serve alcoholic beverages.
		
	8.0617 Licensee's Responsibility   Every licensee is hereby made responsible for the conduct of his place of business and is required to maintain order and sobriety in such place of business, permitting no disorderly conduct on the premises.  Alcoholic beverages shall not be served to any intoxicated person, nor shall any intoxicated person be permitted to remain upon the premises.

	8.0618  Gambling Prohibited - Exceptions   No licensee hereunder shall be permitted to have or maintain on the licensed premises any gambling device, slot machine, punch board, or any other machine or device of similar nature, nor shall gambling, whether by cards, dice, or otherwise, of any nature, be permitted upon the licensed premises.  Any violation of this section shall be sufficient cause for the revocation of the license issued hereunder, and such license shall be revoked upon conviction of any such violation.  This section shall not apply to gambling or games of chance conducted by a licensee under the authority of a valid and subsisting license issued by the State of North Dakota.

	8.0619 	Sales Prohibited - Persons   No licensee, his agent, or employee shall sell any alcoholic beverages to a person under twenty-one (21) years of age, a habitual drunkard, an incompetent or an intoxicated person.

	8.0620 Minors on Licensed Premises   No licensee shall permit any person under twenty-one (21) years of age to remain on the licensed premises while alcoholic beverages are being sold or displayed thereon, except that a person under twenty-one (21) years may remain in a restaurant where alcoholic beverages are being sold if accompanied by a parent or legal guardian.

	8.0623 Age Identification   Before selling alcoholic beverages to any person, or before determining whether any person shall remain upon the licensed premises 
a licensee, his agent or employee, may require a statement in writing and signed by 

said person of such person's age.  Any person who makes a false statement as to his or her age, or signs a name other than his own or her own to any such statement, shall be guilty of a violation of this article.

	8.0624 Sales, Open Container or Consumption Prohibited   The sale, consumption, or possession of an open container of any alcoholic beverage upon any sidewalk, street, alley, parking lot to which the public has right of access to, or public way or public property within the city limits is prohibited.  Upon approval by the City Council at a regularly scheduled board meeting, portions of this ordinance may be suspended for a specified length of time during special community events, promotions or celebrations.

	8.0625 Premises, Equipment of   Premises licensed hereunder for on-sale alcoholic beverages shall be equipped with tables, chairs, booths, and stools in a sufficient number to accommodate reasonably the patrons.

	8.0626 Closed or Screened Areas   No premises licensed for on-sale of alcoholic beverages shall contain any side rooms, closed booths, or other screened enclosures, nor shall any screen, partition, curtain, blind, or obstruction of any kind prevent a clear view at all times of all parts of the interior of the premises licensed.  All booths located in such premises shall open directly into the main part of said premises and shall be accessible from the aisles therein.

	8.0627 Purchase from Licensed Wholesaler   No licensee hereunder shall purchase, have or possess any alcoholic beverages other than those purchased from a wholesaler duly licensed by the State of North Dakota pursuant to the provisions of Title V of the North Dakota Century Code; and each licensee hereunder shall keep on file all invoices covering purchases by him of such alcoholic beverages showing the name and license number of the wholesaler, and such records shall be retained in the possession of the licensee and shall be at all times open to inspection by any police officer or peace officer of the State of North Dakota.

	8.0628 Toilets Required   That the premises where on-sale license is granted must be equipped with adequate and sufficient lavatories and toilets, separately maintained for men and women, and kept in a clean and sanitary condition.  The on-sale license may be revoked when the foregoing requirements, or any other health ordinance or regulation, is not, at all times strictly observed.

	8.0629 	Termination or Revocation of Licenses

1.	Licenses issued pursuant to this article shall be deemed canceled and revoked and terminated upon the happening of any one or more of the following contingencies:

		a.	The death of the licensee unless upon application to the governing body by personal representative of the decedent, the governing body shall consent to the carrying on of the business by the personal representative.

		b.	When the licensee ceases business at the location licensed, unless a new location has been approved.

		c.	When the licensee be adjudged bankrupt.

		d.	When the licensee has been convicted of the violation of any provision of this article, or of the laws of the State of North Dakota pertaining to alcoholic beverages, or of a felony under the laws of the United States, the State of North Dakota, or of any other state of the United States.

		e.	When the licensee ceases to possess the qualifications required of an applicant for a license as set out in this article.

			f.	When the license or permit of the licensee from the United States Government or the State of North Dakota to sell alcoholic beverages at the location licensed has been terminated or been revoked.

			g.	When the licensee ceases to be legal bona fide resident and citizen of the State of North Dakota, or ceases to be a legal bona fide resident of the County of Mercer.

1.	License issued pursuant to this ordinance may, in the discretion of the governing body, be either revoked or suspended for such period of time as deemed appropriate, upon the following grounds:

		a.	When the licensee has been convicted of violating any of the provisions of this article.

		b.	When the business of the licensee at the location licensed shall be conducted in violation of health or sanitary regulations or other ordinances of the city.

		c.	When the licensee, if an individual, or one of the partners, if the licensee be a partnership, or one of the officers or the manager if the licensee be a corporation, be convicted in the municipal court of the city of drunkenness or disorderly conduct, or if any appeal be taken from such conviction then when such conviction be sustained by the higher court or courts.

1.	Such causes as are hereinbefore detailed shall not be deemed to be exclusive and such license may also be canceled and revoked or suspended at any time by the governing body for any cause deemed by said governing body to be sufficient cause and justified by reason of public health or public morals.  Such termination shall be subject only to review by the courts of the State of North Dakota.

4.	When any license is terminated or revoked for cause, or the licensee voluntarily ceases his business, no portion of the license fee previously paid shall be returned to the licensee or to anyone claiming under or through him.

	8.0630 Entertainment  

1.	Appearances, entertainment or performances of any type consisting of or containing any nude performer or nude dancer, or topless female performer or topless female dancer are prohibited on licensed premise

a.	A “nude performer” or “nude dancer” means any person who performs, or appears in attire such that any portion of the pubic area, anus, vulva or genitals is exposed to view or not covered with an opaque material.

a.				“Topless female performer” or “topless female dancer” means any female who performs, or appears in attire such that any portion of her breasts below the top of the areola is exposed to view or not covered with an opaque material.

	2.	Performances commonly referred to as “striptease”, or any performance involving the removal of clothing, garments or any costume are prohibited on licensed premises.  Such prohibition does not include the removal of headgear or footwear or the incidental removal of a tie, suitcoat, sportcoat, jacket, sweater or similar outer garments.  Incidental removal means the removal of a garment or article of clothing which is not a part of the act or performance.

3.		Performances which contain any form of dancing, other than incidental movement or choreography of singers or musicians made in connection with singing or playing of musical instruments, are prohibited on licensed premises.

	8.0631  Penalties   Any person, firm, corporation or association violating any of the provisions of this article shall upon conviction thereof, be subject to a fine of not to exceed Five Hundred and No/100 Dollars ($500.00) and in addition to such fine all powers, right, and privileges given by any license granted under the terms of this article may be terminated or revoked in accordance with section 8.0629 of this article.

ARTICLE 7	Shows, Carnivals and Circuses

	8.0701 License Required   No person, firm, association or corporation shall exhibit or cause to be exhibited or assist in exhibiting any natural or artificial curiosity or conduct a circus, menagerie, tent show, carnival, or carnival show, continuous theatrical performance, shooting gallery, or other like exhibition without first obtaining license from the city.

	8.0702 Fees for   The fees to secure license to conduct the exhibitions mentioned in the foregoing section shall be as follows:
  
	Any carnival, per day .............$ 25.00
	Any circus, per day   .............$25.00 to $500.00

In addition to the above fees any carnival or circus granted a license shall deposit with the City Auditor cash bond in the amount of One Thousand and No/100 Dollars ($1,000.00) guaranteeing that the premises upon which such carnival or circus is located shall be cleaned after the showing of such carnival or circus to the satisfaction of the City Engineer and upon certification of the City Engineer to the City Auditor or if the city has no City Engineer upon determination of the City Auditor that the same has been done said cash deposit shall be returned to the licensee.  Provided, further, that in addition to such fees, an additional fee in an amount from $25.00 to $500.00 to be fixed by the governing body shall be paid at the time of obtaining license to provide for fire and police protection and additional policing in connection with the showing of such carnival or circus.

ARTICLE 8	Validity

	8.0801  Validity   If any section, part, article or provision of this chapter or the application thereof to any person, firm, corporation, or association, or to any circumstances, shall be held to be invalid for any cause whatsoever, the remainder of this ordinance or the application to persons, firms, corporations, or circumstances other than those as to which it is held to be invalid, shall not be affected thereby, and shall remain in full force and effect as though no part thereof had been declared to be invalid.

ARTICLE 9	Penalty

	8.0901  Penalty   Any person, firm, corporation, or association violating any of the terms, article, or provisions of this chapter, for which a specific penalty is not prescribed, shall upon conviction thereof, be punished by a fine not to exceed Five Hundred and No/100 Dollars ($500.00).  The court shall have the power to suspend such sentence and to revoke the suspension thereof.  The court may, in addition thereto, revoke the permit of such violator, or terminate or revoke all powers, rights, and privileges given by any license granted under the terms of this chapter.  Each day or part thereof that a person shall be in violation of the provisions of this chapter shall be considered a separate violation thereof.

								

CHAPTER NINE

TRAFFIC

ARTICLE 1 - Definitions and General Provisions

9-01-01		Definitions 
9-01-15		Parking Privileges for Mobility Impaired - 
			Certificate    Revocation-Continuing Appropriation - Penalty

ARTICLE 2 - Traffic Administration

9-02-01		Duty of Police Department
9-02-02		Records of Traffic Violation
9-02-03		Police Department to Investigate Accidents	
	
ARTICLE 3 - Enforcement and Obedience to Traffic Regulations

9-03-01		Authority of Police and Fire Department Officials	
9-03-02		Public Employees to Obey Traffic Regulations
9-03-15		Radar Evidence in Speed Violations 	
						
ARTICLE 4 - Motor Vehicle Registration

9-04-11		Display of Number Plates and Tab
9-04-22		Exceeding Gross Weight for Which License
9-04-37		Violation of Registration Provisions
9-04-55		Registration Card to be Carried in Vehicles	
			
ARTICLE 5 - Left open
			
ARTICLE 6 - Operators' Licenses

9-06-01		Operators Must be Licensed	
9-06-04		Instruction Permit
9-06-14		Drove Vehicle Other Than Permitted by Class	
9-06-16		License to be Carried and Exhibited On Demand
9-06-17		Restricted License	
9-06-20		Notice of Change of Address or Name 	
9-06-44		Permitting Unauthorized Minor to Drive
9-06-45		Permitting Unauthorized Person to Drive

ARTICLE 6.1 - Disposition Of Traffic Offenses

9-06.1-02	Traffic Violations Noncriminal - Exceptions - Procedures
9-06.1-02.1	Notification of Parents or Guardians of Juvenile 
		Traffic Offenders
9-06.1-03	Administrative Hearing - Procedures - Appeals - 
		Stay Orders 
9-06.1-04	Failure to Appear, Pay Statutory Fee, Post Bond - 
		Procedure - Penalty

9-06.1-05 	Offenses Excepted 
9-06.1-06 	Amount of Statutory Fee
9-06.1-08	"Nonmoving Violation" Defined
9-06.1-09	"Moving Violation" Defined 

ARTICLE 7 - General Regulations Governing Traffic

9-07-01		Bicycle or Ridden Animal Deemed Vehicle
9-07-03		Authority to Designate Through Streets
9-07-04		Through Streets Designated
9-07-06		General Penalty for Violation of Chapter
9-07-07		Halting Person for Violating Traffic Regulations - 
			Duty of Officer Halting 
9-07-08		Hearing - Time - Promise of Defendant to 
	   	 	Appear - Failure to Appear - Penalty 
9-07-09		Offenses Under Which Person Halted May Not 
	   	 	Be Entitled to Release Upon Promise to Appear
9-07-11		Magistrate to Keep Records of Convictions 
			and to Forward to Licensing Authority
9-07-12		Garages to Report
						
ARTICLE 8 - Regulations Governing Operators

9-08-03.1		Exhibition Driving and Drag Racing - Definitions - Penalty
9-08-09		Immediate Notice of Accident
9-08-10		Officer to Report
9-08-11		When Driver Unable to Report
9-08-18		Open Bottle Law - Penalty 

ARTICLE 9 - Speed Restrictions

9-09-01		Basic Rules
9-09-01.1		Care Required in Operating Vehicle 
9-09-02		Speed Limitations 
9-09-03		When Local Authorities May or Shall Alter
	   	 	Maximum Speed - Limits - Signs Posted 
9-09-06		Speed Limitations Inapplicable to Whom -Liability 
			of Exempt Driver for Reckless Driving 
9-09-09		Minimum Speed Limits
9-09-10		Regulations of Speed by Traffic Signals

ARTICLE 10 - General Rules of The Road

9-10-01.1		Obedience to Traffic Ordinances
9-10-02		Obedience to Police Officers or Firemen 
9-10-02.1		Certain Nonmotorized Traffic to Obey Traffic
			Regulations
9-10-03		Emergency Vehicles
9-10-04		Obedience to Traffic Control Devices
9-10-07.2		Unauthorized Signs, Signals, or Markings 

9-10-07.3		Interference with Official Traffic Control Device or Sign
9-10-08		Drive on Right Side of Roadway - Exceptions
9-10-09		Passing Vehicles Proceeding in Opposite Direction 
9-10-11		Overtaking a Vehicle on the Left 
9-10-12		When Overtaking on the Right is Permitted 
9-10-13		Limitations on Overtaking on the Left
9-10-14		Further Limitations on Driving on Left of `32
			Center Of Roadway
9-10-15		No-Passing Zones
9-10-17		Driving on Roadways Laned for Traffic 
9-10-18		Following Too Closely 
9-10-19		Driving on Divided Highways
9-10-20		Restricted Access 
9-10-21		Restrictions on Use of Controlled-Access Roadway
9-10-21.1		Closing Road Because of Hazardous 	Conditions 
9-10-22		Vehicle Approaching or Entering an Intersection
9-10-23		Vehicle Turning Left at Intersection
9-10-24		Failed to Yield at Stop Intersection
9-10-25		Vehicle Entering Roadway
9-10-26		Operation of Vehicles on Approach of
		 	Authorized Emergency Vehicles
9-10-26.1		Highway Construction and Maintenance
9-10-26.2		Permitting Use of Vehicle to Violate Section
			9-10-26 Prohibited
9-10-27		Pedestrian Obedience to Traffic Control 
			Devices and Traffic Regulations
9-10-28		Pedestrians' Right-of-way in Crosswalks 
9-10-29		Crossing at other than Crosswalks
9-10-30		Drivers to Exercise Due Care
9-10-32		Pedestrians to Use Right Half of Crosswalks
9-10-33		Pedestrians on Roadways
9-10-33.1		Pedestrians' Right-of-way on Sidewalks
9-10-33.2		Pedestrians Yield to Authorized Emergency
			Vehicles 
9-10-33.3		Blind Pedestrians' Right-of-way
9-10-33.4		Pedestrians Under Influence of Alcohol Or Drugs
9-10-33.5		Bridge and Railroad Signals
9-10-34		Pedestrians Soliciting Rides or Business 
9-10-35		Required Position and Method of Turning at 
			Intersection
9-10-36		Limitations on Turning Around 
9-10-37		Starting Parked Vehicle 
9-10-38		Turning Movements and Required Signals
9-10-9		Signals by Hand and Arm or Signal Lamps
9-10-40		Methods of Giving Hand and Arm Signals
9-10-41		Obedience to Signal Indicating Approach of Train
9-10-44		Disregarding Stop Sign
9-10-45		Emerging from Alley or Driveway-Right Away 
9-10-46		Overtaking and Passing School Bus
9-10-47		Stopping, Standing or Parking Outside of 

		 	Business or Residence Districts
9-10-48		Officers Authorized to Remove Illegally Stopped Vehicles
9-10-49		Stopping, Standing or Parking Prohibited 
		 	in Specified Places
9-10-50		Additional Parking Regulations
9-10-51		Unattended Motor Vehicle 
9-10-51.1		Parking Violations - Lessor Responsibility
9-10-52		Limitations on Backing 
9-10-52.1		Driving Upon Sidewalk
9-10-54		Obstruction to Driver's View or Driving Mechanism
9-10-54.1		Opening and Closing Vehicle Doors
9-10-56		Coasting Prohibited
9-10-57		Following Fire Apparatus Prohibited
9-10-58		Crossing Fire Hose 
9-10-59		Garbage, Glass, Rubbish on Highways Prohibited 
9-10-64		Driving Through Safety Zone Prohibited
9-10-67		Moving Heavy Equipment at Railroad Crossing
9-10-68		Stop When Traffic Obstructed
9-10-72		Driving Through Funeral or Other Procession
9-10-72.1		Drivers in a Procession
9-10-72.2		Funeral Processions to be Identified
9-10-73		When Traffic Obstructed
9-10-74		Permits Required for Parade and Procession
9-10-75		Use of Skate Boards, Roller Blades, Roller Skates 
			and Other Similar Devices on Roadway Restricted

ARTICLE 10.1 - Regulations for Bicycles

9-10.1-01		Effect of Regulations - Penalty
9-10.1-02		Traffic Ordinances Apply to Persons Riding Bicycles
9-10.1-03		Riding on Bicycles - Motorized Bicycles
9-10.1-04		Clinging to Vehicles
9-10.1-05		Riding on Roadways and Bicycle Paths
9-10.1-06		Carrying Articles
9-10.1-07		Lamps and Other Equipment on Bicycles
9-10.1-08		Point System Not Applicable 
9-10.1-09		Obedience to Traffic Control Devices
9-10.1-10		Bicycles, Skate Boards, Roller Blades and Other
		 	Similar Devices on Sidewalk Restricted
9-10.1-11		Parking
9-10.1-12		Cycle Racing Prohibited
9-10.1-13		License Required 
9-10.1-14		License Application
9-10.1-15		Issuance of License 
9-10.1-16		Renewal of License 
9-10.1-17		Revocation of License 
9-10.1-18		Transfers
9-10.1-19		Manner of Parking - Impoundment - Redemption
9-10.1-20		Bicycle may be Impounded by Police 

ARTICLE 10.2 - Motorcycles

9-10.2-01		Traffic Laws Apply to Persons Operating 
		 	Motorcycles or Motorized Bicycles
9-10.2-02		Riding on Motorcycles 
9-10.2-03		Operating Motorcycles on Roadways Laned 
			For Traffic 
9-10.2-04		Clinging to Other Vehicles
9-10.2-05		Footrests
9-10.2-06		Equipment for Motorcycle Riders
9-10.2-07		Other Applicable Law
					
ARTICLE 11 - Left open
			
ARTICLE 12 - Width, Height, and Load Restrictions

9-12-01		Load Restrictions upon Vehicles Using Certain Roadways
9-12-02		Commercial Vehicles Prohibited from Using
			Certain Streets
9-12-03 		Size Restrictions upon Vehicles Using Certain Highways
9-12-04		Restrictions Upon Use of Streets by Certain Vehicles 
9-12-05		Peace Officers May Weigh Vehicles

ARTICLE 13 - Traffic Signs

9-13-01  		Signs 
9-13-02  		Authority to Install
9-13-03  		Specifications for 
9-13-04  		Designation of Walks, Lanes, etc, 
				
ARTICLE 14 - Left open

ARTICLE 15 - Left open

ARTICLE 16 - Left open

ARTICLE 17 - Left open

ARTICLE 18 - Left open

ARTICLE 19 - Left open

ARTICLE 20 - Left open
			
ARTICLE 21 - Equipment of Vehicles

9-21-01		When Lighted Lamps are Required - Penalty
9-21-03		Headlamps on Motor Vehicles 
9-21-04		Taillamps
9-21-05		New Motor Vehicle to be Equipped with Reflectors
9-21-06		Stop Lamps and Turn Signals Required
9-21-06.1		Additional Lighting Equipment
9-21-07		Application of Succeeding Sections
9-21-08		Additional Equipment Required on Certain Vehicles
9-21-09		Color of Clearance Lamps, Side Marker Lamps
			Backup Lamps and Reflectors
9-21-10		Mounting of Reflectors, Clearance Lamps 
			and Side Marker Lamps 
9-21-11		Visibility of Reflectors, Clearance Lamps and 
			Marker Lamps
9-21-12		Obstructed Lights Not Required 
9-21-13		Lamp or Flag on Projecting Load
9-21-14		Lamps on Parked Vehicle 
9-21-15		Lamps, Reflectors, and Reflective Materials 
			On Farm Tractors, Farm Equipment, and 
			Implement Of Husbandry 
9-21-16		Lamps on Other Vehicles and Equipment
9-21-17		Spot Lamps and Auxiliary Lamps
9-21-19		Signal Lamps and Signal Devices 
9-21-21		Use of Multiple-beam Road-lighting Equipment
9-21-25		Number of Driving Lamps Required or Permitted
9-21-26		Special Restrictions on Lamps
9-21-32		Brake Equipment Required
9-21-36		Horn and Warning Device 
9-21-37		Muffler Required 
9-21-38		Mirror
9-21-9		Windshield - Must be Unobstructed and 
	   		Equipped with Wipers - Tinted Windows 
9-21-40		Restrictions as to Tire Equipment 
9-21-40.1		Safety Belts 
9-21-41.2		Child Restraint Devices - Penalty - Evidence
9-21-44.1		Vehicle to be Constructed to Prevent
			Sifting or Leaking Loads 
9-21-44.2		Drawbar or Connection Between Vehicles -
			Precautions Required
9-21-45.1		Modifications of Motor Vehicle
9-21-50		Slow Moving Vehicle Emblem Required 

ARTICLE 22 - Left open

ARTICLE 23 - Left Open

ARTICLE 24 - Regulations and Registration of Snowmobiles
9-24-01		Definitions
9-24-02		Snowmobile Registration
9-24-08 		Prohibited From Operation Within City Limits
9-24-09		Rules For Operation of Snowmobile
9-24-09.1		Operation by Persons Under Age Sixteen
9-24-11		Penalties
				
ARTICLE 25 - Left open

ARTICLE 26 - Left open
					
ARTICLE 27 - Motorcycle Equipment

9-27-01		Purpose 
9-27-02		Manufacturer's or Distributor's Certification
9-27-03		Frame-Chassis Requirements
9-27-04		Brakes
9-27-04.1		Brakes on Motor-Driven Cycles
9-27-05		Tires, Wheels and Rims
9-27-06		Steering and Suspension Systems
9-27-07		Fuel Systems
9-27-08		Exhaust Systems - Prevention of Noise
9-27-09		Mirrors
9-27-10		Fenders
9-27-11		Seat or Saddle
9-27-12		Chain Guard 
9-27-13		Vehicle Stand
9-27-14		Glazing 
9-27-15		Horn
9-27-16		Speedometer and Odometer
9-27-17		Lighting Equipment
9-27-17.1		Lighting Equipment on Motor-Driven Cycles
9-27-18		Passenger Seat
9-27-19		Handhold (Repealed) 
9-27-20		Footrests
9-27-21		Highway Bars
9-27-22		Equipment Approval

ARTICLE 28 - Left open
						
ARTICLE 29 - All-Terrain Vehicles

9-29-01		Definitions
9-29-02		Registration
9-29-08		Prohibited From Operation Within City Limits
9-29-09		Operation of All-Terrain Vehicles
9-29-10		Operation by Persons Under Age Sixteen 
9-29-12		Penalties

ARTICLE 30 - Left Open
					
ARTICLE 31 - Stopping, Standing or Parking Prohibited in Specific Places
9-31-01		Parking Prohibited - All Times
9-31-02		Stopping - Parking - Certain Purposes Prohibited
9-31-03		Stopping - Parking - Congested - Hazardous Places

9-31-04		Stopping - Parking - In Alleys
9-31-05		Parking Adjacent to Schools
9-31-06		Stopping - Parking - Over 48 Hour
9-31-07		Parking Truck Tractors, Semi Trailers, Trucks or Any
			Motorized Heavy Construction Equipment 

ARTICLE 32 - Reserved Parking Areas

9-32-01		Reserved Parking Areas 

ARTICLE 33 - Time Limit Parking Zones

9-33-01		Time Limit Parking Zones 

ARTICLE 34 - Left open 

ARTICLE 35 - Filing of Ordinance

ARTICLE 36 - Adoption of Amendments by Reference

ARTICLE 37 - Severability Clause

ARTICLE 38 - Penalties

CHAPTER NINE

TRAFFIC

ARTICLE 1		Definitions and General Provisions

	9-01-01   Definitions   Words and phrases used in this chapter shall have the meanings and be defined as provided in the North Dakota Century Code in Title 39, and NDCC Section 39-01-01 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	9-01-15	 Parking Privileges for Mobility Impaired - Certificate -      Revocation - Continuing Appropriation - Penalty	

	1.	Any mobility impaired person who displays prominently upon an automobile parked by that person or under that person's direction and for that person's use, the distinguishing certificate specified in subsection 4 or license plates issued under section 9-04-10.2 is entitled to courtesy in the parking of the automobile.  Provided, however, that any municipality may, by ordinance, prohibit parking on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation of heavy traffic during morning and afternoon rush hours, and the privileges extended to such impaired persons do not apply on streets or highways where and during such times as parking is prohibited.

	2.	Mobility impaired as used in this section includes any person who has lost the use of one or both legs; requires personal assistance or the use of crutches, a wheelchair, or a walker to walk two hundred (200) feet [60.96 meters] without rest; is restricted by cardiac, pulmonary, or vascular disease from walking two hundred (200) feet [60.96 meters] without rest; has a forced expiratory volume of less than one (1) liter for one (1) second or an arterial oxygen tension of less than sixty (60) millimeters of mercury on room air while at rest and is classified III or IV by standards for cardiac disease set by the American Heart Association; or has an orthopedic, neurologic, or other medical condition that makes it impossible for the person to walk two hundred (200) feet [60.96 meters] without assistance or rest.

	3.	The director may issue, for a fee of Three and No/100 Dollars per year or part of a year, a special identifying certificate to any mobility impaired applicant upon submission by the applicant of a completed application and a written statement issued by a qualified physician or an advanced practice registered nurse to the director that the applicant is a mobility impaired person within the criteria of subsection 2.  The director shall waive the requirement for a written statement from a qualified physician or an advanced practice registered nurse that the applicant’s impairment is not reversible.  The application must include the information required 

by the director.  The physician's or advanced practice registered nurse’s statement must described how the impairment limits the applicant's mobility and daily life functions of the applicant.  The certificate is valid for a period, not to exceed three (3) years, as determined by the director.  A physician or an advanced practice registered nurse who provides a false statement that a person is mobility impaired for the purpose of that person obtaining a certificate under this subsection is guilty of an infraction for which a minimum fine of One Hundred and No/100 Dollars ($100.00) must be imposed.  A certificate issued under this subsection must be nine and one-half inches [24.13 centimeters] in height and eight and three inches [7.62 centimeters] in width and must bear, in white on blue, the internationally accepted symbol of access for the mobility impaired.  The certificate must bear the expiration date and registration number assigned by the director.  The director shall adopt rules governing the issuance of the certificate.  A temporary certificate, valid for an initial period not to exceed three (3) months, may be issued by the director for a fee of Three and No/100 Dollars ($3.00) upon application supported by a physician's or an advanced practice nurse’s statement. The director may issue a maximum of one additional temporary certificate, for a fee of three dollars.  The temporary certificate may be extended an additional period, not to exceed three (3) months, upon
 			application supported by a physician's or an advanced practice registered nurse’s statement that the extension is warranted. Temporary certificates must be the same size as other certificates issued under this section and must be white on red.  The director may issue a maximum of one additional certificate, if the applicant does not have license plates issued under section 9-04-10.2 for a fee of six dollars per certificate, to a mobility impaired person to whom a certificate has been issued under this subsection. The additional certificates may only be used by or on behalf of the mobility-impaired person.

	4.	Except as provided in this subsection, two and No/100 Dollars ($2.00) of each fee for issuance of a certificate and one dollar of each fee for issuance of an additional certificate under this section must be deposited in the state highway department fund for purposes of defraying the cost of issuing the certificate.  The rest of the fee, and the five dollar fee received for the issuance of an additional certificate under subsection 4, must be deposited in the state treasury and credited to the employment of people with disabilities fund.  The fees deposited in the fund are hereby appropriated on a continuing basis to the committee on employment of people with disabilities of the department of human services for development of job opportunities for disabled individuals in this state.  If a certificate is lost, mutilated, or destroyed, the person to whom the certificate was issued is entitled to a replacement. The person shall furnish proof satisfactory to the director that the certificate has been lost, mutilated, or destroyed, and shall pay a replacement fee of Three and No/100 Dollars ($3.00).

5.     A certificate issued under this section must be hung from the rearview mirror of the motor vehicle whenever the vehicle is occupying a space reserved for  the mobility impaired and is being used by a mobility impaired person or another person for the purposes of transporting the mobility impaired person.  No part of the certificate may be obscured.  A fee of Five and No/100 Dollars ($5.00) may be imposed for a violation of this subsection.

	7.	An applicant may appeal a decision denying issuance of the certificate to the director.   Written notice of the appeal must be received within ten (10) business days following receipt by the applicant of notice of denial.  The applicant has sixty (60) days to provide additional supportive material to the director for purposes of deciding the appeal.  The director shall affirm or reverse the decision to deny issuance of the certificate within thirty (30) days after receipt of the supportive material.  Written notice of the decision must be given to the applicant.

	8.	If a law enforcement officer finds that the certificate is being improperly used, the officer may report to the director any such violation and the director may, in the director's discretion, remove the privilege.  Any person who is not mobility impaired and who exercised the privileges granted a mobility impaired person under subsection 1 is guilty of an infraction for which a fine of One Hundred and No/100 Dollars ($100.00) must be imposed.

	9.	Whenever any public or private entity designates  parking spaces for use by motor vehicles operated by mobility impaired persons, those reserved spaces must comply with the requirements of Americans with Disabilities Accessibility Guidelines for Buildings and Facilities as contained in the appendix to title 28, Code of Federal Regulations, part 36 (28 CFR 36) and must be indicated by blue paint on the curb or edge of the paved portion of the street parking lot adjacent to the space.  In addition to blue paint, each reserved space must be indicated by an official sign approved by the director bearing the internationally accepted symbol of access for the mobility impaired.  The sign must indicate that unauthorized use of the space is a nonmoving violation for which a fee of One Hundred and No/100 Dollars ($100.00) must be imposed.  For particular events, a public or a  private agency may reserve additional parking spaces for use by motor vehicles operated by mobility impaired persons.  In that case, each temporarily reserved spaces must be indicated by a sign or other suitable means.  A sign indicating that a space is reserved for the mobility impaired and blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space, unless the space is a temporary mobility impaired parking space, is sufficient basis for the enforcement of this section.  A law enforcement officer shall enforce this section in any parking lot or parking facility, whether publicly or privately owned.

	10.	A person may not stop, stand, or park any vehicle in any designated parking space that is reserved for the mobility impaired unless the vehicle displays a mobility impaired identification certificate issued by the director to a mobility impaired person.  A mobility impaired person may not permit the use of a certificate issued under this section by a person who is not mobility impaired when that use is not in connection with the transport of the mobility impaired person.  The registered owner of a vehicle may not allow that vehicle to be used in a manner that violates this subsection.  Proof of intent is not required to prove a registered owner’s violation of this subsection.  The registered owner, however, may be excused from a violation if the owner provides the citing authority with the name and address of the person operating the vehicle at the time of the violation.  A vehicle may temporarily use a space reserved for mobility-impaired persons without a mobility-impaired certificate for the purpose of loading and unloading mobility-impaired persons.  A violation of this subsection is a nonmoving violation  for which a fee of One Hundred and No/100 Dollars ($100.00) must be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and collected under this subsection is appropriated on a continuing basis to the local committee on persons with disabilities, if one exists in the city in which the violation occurred, for the development of job opportunities for disabled individuals in the community.

	11.	Any motor vehicle licensed in another state which displays a special authorized vehicle designation issued by the licensing authority of that state for vehicles used in the transportation of mobility impaired persons must be accorded the same privilege provided in this section for similar vehicles licensed in this state if the laws of the other state provide the same privileges to North Dakota motor vehicles displaying the special identifying certificate authorized in this section.

ARTICLE 2 	Traffic Administration

	9-02-01  Duty of Police Department   It shall be the duty of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic engineer and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out the traffic ordinances of this city.

	9-02-02	Records of Traffic Violations

	1.	The Police Department shall keep a record of all violations of the traffic ordinances of this city or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all 
such alleged offenses.  Such record shall be so maintained as to show all types of violations and the total of each.  Said record shall accumulate 

during at least a five year period and from that time on the record shall be maintained complete for at least the most recent five year period.

	2.	All forms for records of violations and notices of violations shall be serially numbered.  For each month and year a written record shall be kept available to the public showing the disposal of such form.

	3.	All such records and reports shall be public record.

	9-02-03	Police Department to Investigate Accidents
It shall be the duty of the Police Department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. 

Every law enforcement officer, who in the regular course of duty investigates a motor vehicle accident required to be reported as provided in Section 9-08-09 either at the time and at the scene of the accident or thereafter by interviewing the participants, or witnesses, shall make and forward promptly a written report of such accident to the Commissioner of the North Dakota State Highway Department.
					
ARTICLE 3		Enforcement and Obedience to Traffic Regulations

	9-03-01	Authority of Police and Fire Department 				Officials

	1.	It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all street traffic laws of this city and all of the state vehicle laws.

	2.	Officers of the Police Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

	3.	Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

	9-03-02  Public Employees to Obey Traffic Regulations
The provisions of this ordinance shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this ordinance or in the state vehicle code.

	9-03-15  Radar Evidence in Speed Violations
The provisions of North Dakota Century Code Section 39-03-15 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The speed of any motor vehicle may be checked by the use of radio microwaves or other electrical device.  The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at issue.  The driver of any such motor vehicle may be arrested without a warrant under this section, provided the arresting officer is in uniform or displays his badge of authority; provided that such officer has observed the record of the speed of such motor vehicle by the radio microwaves or other electrical device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electrical device.

ARTICLE 4		Motor Vehicle Registration

	9-04-11	Display of Number Plates and Tabs
Except as otherwise specifically provided, a person may not operate or drive a vehicle on the public highways of this state unless the vehicle has a distinctive number assigned to it by the department, and two number plates, bearing the distinctive number conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear of the vehicle, each securely fastened, except number plates assigned to a motorcycle, trailer, or housetrailer must be attached to the rear thereof.  When only one number plate is furnished for an apportioned vehicle licensed under the international registration plan as authorized in section 39-19-04, truck tractor or semitrailer, the plate must be attached to the front of the apportioned vehicle or truck tractor and the rear of the semitrailer.  The bottom of each number plate must be at a height of not less than twelve inches (30.48 centimeters) above the level surface upon which the vehicle stands.  Each plate must be mounted in a manner that does not cover any words, letter, or number on the plate. As far as is reasonably possible, the plates must at all times be kept free and clear of mud, ice or snow so as to be clearly visible and all number plates, markers, or evidence of registration or licensing except for the current year must be removed from the vehicle.  All vehicle license plates issued by the department continue to be the property of the State of North Dakota for the period for which the plates are valid.  An annual registration tab or sticker for the current registration year must be displayed on each number plate, in the area designated by the department for the tab or sticker, in those years for which tabs or stickers are issued in lieu of number plates.
		
	9-04-22	Motor Vehicle Exceeding Gross Weight for Which Licensed Not to be Operated on Highway - Exception
	Except as otherwise provided by law, a motor vehicle, or a combination of motor vehicles, may not be operated upon the highways of this state when the gross weight exceeds the gross weight for which the vehicle or combination of vehicles was licensed.  Any person violating the provisions of this section will be required to license such motor vehicle at the higher legal rate in accordance with the weight carried by the motor vehicle at the time of the violation for the entire license period.  However, such registration  may not be construed to authorize the movement of loads in violation of chapter 9-12.

	9-04-37	Violations of Registration Provisions
It is unlawful for any person to commit any of the following acts:

3.		To operate, or for the owner thereof knowingly to permit anyone to operate, upon a highway any vehicle the registration of which has been canceled or revoked, or for which the registration fees required in this title have not been paid or which does not have attached thereto and displayed thereon a number plate, plates, or validation tabs assigned thereto by the director for the current registration period, subject to the exemptions allowed in Chapter 9 of the North Dakota Century Code.

3.		To display or cause or permit to be displayed or to have in possession, any registration card, registration number plate, or validation tabs knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.

3.		To lend any registration number plate, registration card, or validation tabs to any person not entitled there to, or knowingly permit the use of any registration number plate or registration card by any person not entitled thereto.

	9-04-55	Registration Card to be Carried in or on Vehicle - Inspection of Card - Penalty
The registration card issued for a vehicle must be carried in the driver's compartment of the vehicle or, in the case of a housetrailer or mobile home or a trailer or semitrailer, regardless of when such vehicle was acquired, inside or on the vehicle, at all times while the vehicle is being operated upon a highway in this state.  The card is subject to inspection by any peace officer or highway patrol officer.  Any person violating this section must be assessed a fee of twenty dollars.  However, a person cited for violation of this section may not be found to have committed the violation if the person, within forty-eight hours after being cited, produces and displays to any peace officer or highway patrol officer, or to the hearing official before whom the person was to appear, a registration card valid at the time the person was cited.  A peace officer or highway patrol officer, upon citing a person for violating this section, shall inform the person that a violation will be considered as not having occurred if the person produces and displays a valid registration card in the manner provided in this section.  A peace officer or highway patrol officer receiving evidence of the existence of a valid registration care as herein provided shall notify the hearing official of the appropriate jurisdiction of that fact.

ARTICLE 5		Left open
	
ARTICLE 6 	Operators' License

	9-06-01	Operators Must be Licensed - Additional Licensing - Penalty

	1.	A person, unless expressly exempted in this section, may not drive any motor vehicle on a  highway or on public or private areas to which the public has a right of access for vehicular use in this state unless the person has a valid license as an operator under the provisions of this chapter or a temporary operator's permit issued under chapter 9-20.  A person may not receive an operator's license unless and until that person surrenders to the Director all operator's licenses issued to the person by any jurisdiction.  When a license issued by another jurisdiction is surrendered, the Director shall notify the issuing jurisdiction of its surrender.  A person may not have more than one valid operator's license at any time.

	2.	Any person licensed as an operator hereunder may exercise the privilege thereby granted upon all streets and highways in this state and may not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations, except that municipalities may license draymen, parcel deliverymen, bus drivers, taxi drivers, porters, expressmen, watermen, and others pursuing like occupations, and the operation of taxicabs, as provided by subsection 27 of section 40-05-01.

	9-06-04   Instruction Permit   Any person who is at least fourteen years of age may apply to the director for an instruction permit.  The director may issue to the applicant an instruction permit that entitles the applicant while having such permit in permittee’s immediate possession to drive a motor vehicle upon the public highways for a period of one year when accompanied by a licensed operator who holds a license corresponding to the vehicle the permittee operates, who is at least eighteen years of age, who has had at least three years of driving experience and who is occupying a seat beside the driver.  An individual other than the supervising driver and the permitholder may not be in the front seat unless the vehicle has only a front seat, in which case, the supervising driver must be seated next to the permitholder.  Persons holding an instruction permit for the operation of a motorcycle shall operate the motorcycle only during hours when the use of headlights is not required pursuant to section 9-21-01, and may not carry or transport any passenger.  Any instruction permit may be renewed or a new permit issued for an additional period.  A person who is not yet eighteen years of age is not eligible for a license until that person has had an instruction permit issued for at least three months.  The director may recognize an instruction permit issued by another jurisdiction in computing the six-month instructional period.

	9-06-14   Drove Vehicle Other Than Permitted by Class
Any holder of a classified license who drives a motor vehicle otherwise than as permitted by the class of license issued to him must be deemed to be driving a motor vehicle without being duly licensed by section 39-06-01.
		
	9-06-16License to be Carried and Exhibited on Demand		Every licensee shall have the licensee's operator's license or permit in the licensee's immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of any district court, municipal court, a patrolman, peace officer, or a field deputy or inspector of the department.  However, no person charged with violating this section may be convicted or assessed any court costs if the person produces in court, to the chief of police or in the office of the arresting officer an operator's license or permit theretofore issued to that person and valid and not under suspension, revocation, or cancellation at the time of the person's arrest.

	9-06-17   Restricted Licenses   A restricted license issued under subsection 3 to a child at least fourteen years of age to operate a parent’s or guardian’s automobile authorizes the license holder to drive the type or class of motor vehicle specified on the restricted license only under the following conditions.

1.		A restricted license holder must be in possession of the license while operating the motor vehicle.

1.		An individual holding a restricted driver’s license driving a motor vehicle may not carry more passengers than the vehicle manufacturer’s suggested passenger capacity.

	9-06-20	Notice of Change of Address or Name
Whenever a person after applying for or receiving an operator’s license or permit moves from the address named in the application or in the license or permit issued to that person or when the name of a licensee is changed by marriage 
or otherwise, that person shall within ten days thereafter notify the director in writing or in person of that person’s old and new addresses or of such former and new names and of the number of any license or permit then held by that person.  A person may obtain a corrected license or permit by making application as provided for in section 9-06-18.  In the event of a name change, a corrected license must be obtained.  The department may change the address based on information received from any authorized address correction service of the United States postal service.

	9-06-44 	Permitting Unauthorized Minor to Drive

	No person shall cause or knowingly permit his child or ward under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor is not authorized under the laws of this state.

	9-06-45 	Permitting Unauthorized Person to Drive

	No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under the laws of this state.

ARTICLE 6.1		Disposition of Traffic Offenses

	9-06.1-02   Traffic Violations Noncriminal - Exceptions - Procedures   		Any person cited, in accordance with the provisions of Sections 39-07-07 and 39-07-08 of the North Dakota Century Code, for a traffic violation under state law or equivalent municipal ordinance, other than an offense listed in Section 39-06.1-05 of the North Dakota Century Code, or equivalent ordinance, shall be deemed to be charged with a noncriminal offense and may appear before the designated official and pay the statutory fee for the violation charged at or prior to the time scheduled for a hearing, or, if he has posted bond in person, as provided by Section 39-07-07 of the North Dakota Century Code, or by mail, he may forfeit bond by not appearing at the designated time.  If the person appears at the time scheduled in the citation, he may make a statement in explanation of his action, and the official may at that time, in his discretion, waive, reduce, or suspend the statutory fee or bond, or both.  If the person cited follows the foregoing procedures, he shall be deemed to have admitted the violation and to have waived his right to a hearing on the issue of commission of the violation.  The bond required to secure appearance before the official designated in the citation shall be identical to the statutory fee established by Section 39-06.1-06 of the North Dakota Century Code.  Within ten (10) days after forfeiture of bond or payment of the statutory fee, the official having jurisdiction over the violation shall certify to the licensing authority:

	1.	Admission of the violation; and

	2.	In speeding violations, whether the speed charged was in excess of the lawful speed limit by more than nine (9) miles (14.8 kilometers) per hour and the miles (kilometers) per hour by which the speed limit was exceeded.

This section shall not be construed as allowing a halting officer to receive the statutory fee or bond, unless he is otherwise authorized by law to do so.

	9-06.1-02.1	Notify Parents of Juvenile Traffic Offenders   The municipal judge or their clerk shall notify the parent or guardian of any juvenile appearing before the court on a traffic offense of the charge as contained in the citation, the penalty attached to the offense, and the time and place of any court hearing on the matter.

	9-06.1-03   Administrative Hearing - Procedures - Appeals -Stay Orders 	The provisions of North Dakota Century Code Section 39-06.1-03 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	If a person cited for a traffic violation, other than an offense listed in Section 9-06.1-05, does not choose to follow one of the procedures set forth in Section 9-06.1-02, he may request a hearing on the issue of his commission of the violation charged, the hearing to be held at the time scheduled in the citation or at some future time, not to exceed ninety (90) days later, set at the first appearance.

	2.	At the time of a request for a hearing on the issue of commission of the violation, the person charged shall deposit with the official having jurisdiction an appearance bond equal to the statutory fee for the violation charged.

	3.	If a person cited for a traffic violation, other than an offense listed in Section 9-06.1-05, who has requested a hearing on the issue of the commission of the violation charged, appears at the time scheduled for the hearing and the state or city, as the case may be, does not appear or is not ready to prove the commission a charged violation at the hearing, the official shall dismiss the charge.

	4.	If the official finds that the person had committed the traffic violation, he shall notify the licensing authority of that fact, and whether the person was driving more than nine (9) miles (14.48 kilometers) per hour in excess of the lawful limit, stating specifically the miles (kilometers) per hour in excess of the lawful limit, if charged with a speeding violation, within ten (10) days of the date of the hearing.  The fact that a person has admitted a violation, or has, in any proceeding, been found to have committed a violation, shall not be referred to in any way, nor be admissible as evidence in any court, civil, equity or criminal, except in an action or proceeding involving that person's driving license or privilege.

	5.	a.	If a person is aggrieved by a finding that he committed the violation, he may, without payment of a filing fee, appeal that finding to the district court or county court for trial anew.  If, after trial in the appellate court, the person is again found to have committed the violation, there shall be no further appeal.  Notice of appeal under this subsection shall be given within thirty (30) days after a finding of commission of a violation is entered by the official.  Oral notice of appeal may be given to the official at the time that the official adjudges that a violation has been committed.  Otherwise, notice of appeal shall be in writing and filed with the official, and a copy of the notice shall be served upon the prosecuting attorney.  An appeal taken under this subsection shall not operate to stay the reporting requirement of subsection 4, nor to stay appropriate action by the licensing authority upon receipt of that report.

		b.	The appellate court upon application by the appellant may:

		1.	Order a stay of any action by the licensing authority during pendency of the appeal, but not to exceed a period of one hundred twenty (120) days;

    		2.	Order a stay and that the appellant be issued a temporary restricted driving certificate by the licensing authority to be effective for no more than one hundred twenty (120) days; or

   		3.	Deny the application.

An application for a stay or temporary certificate under this subdivision shall be accompanied by a certified copy of the appellant's driving record, for the furnishing of which the licensing authority may charge a fee of Two and No/100 Dollars ($2.00).  Any order granting a stay or a  temporary certificate shall be forwarded forthwith by the Clerk of Court to the licensing authority, which shall issue a temporary certificate in accordance with the order in the manner provided by law.  A court shall not make a determination on an application under this subdivision without notice to the appropriate prosecuting attorney.  A person who violates or exceeds the restrictions contained in any temporary restricted driving certificate issued pursuant to this subdivision shall be guilty of a traffic violation and shall be assessed a fee of Twenty and No/100 Dollars ($20.00).

		c.	If the person charged is found not to have committed the violation by the appellate court, the Clerk of Court shall report that fact to the licensing authority immediately.  If an appeal under this subsection is from a violation of a city ordinance, the City Attorney for the city wherein the alleged violation occurred shall prosecute the appeal.  In all other cases, the appropriate State's Attorney shall prosecute the appeal.

	6.	The state or the city, as the case may be, must prove the commission of a charged violation at the hearing or appeal under this section by a fair preponderance of the evidence.  Upon an appeal under subsection 5, the court and parties shall follow, to the extent applicable, the North Dakota Rules of Civil Procedure.  If on the appeal from the finding of the official the finding is affirmed, costs may be assessed at the discretion of the trial judge.

	7.	As used in Sections 9-06.1-02, 9-06.1-03 and 9-06.1-04 of these ordinances, the word "official" means a district judge, a judge of a county court, a municipal judge, or, when provided by statute, a person appointed by a district judge to serve as such official for all or a specified part of a judicial district.

	9-06.1-04	Failure to Appear, Pay Statutory Fee, Post Bond - Procedure - Penalty
The provisions of North Dakota Century Code Section 39-06.1-04 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

If a person fails to choose one of the methods of proceeding set forth in Sections 9-06.1-02 or 9-06.1-03, he shall be deemed to have admitted to commission of the violation charged, and the official having jurisdiction shall report such fact to the licensing authority within ten (10) days after the date set for the hearing.  Failure to appear at the time designated, after signing a promise to appear, without paying the statutory fee or posting and forfeiting bond shall be a class B misdemeanor.  Failure to appear without just cause at the hearing shall also be deemed an admission of commission of the violation charged.

	9-06.1-05   Offenses Excepted   The provisions of North Dakota Century Code Section 39-06.1-05 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The procedures authorized under Sections 9-06.1-02 and 9-06.1-03 of these ordinances may not be utilized by a person charged with one of the following offenses:

	1.	Driving or being in actual physical control of a vehicle in violation of Section 39-08-01, NDCC, or an equivalent ordinance.

	2.	Reckless driving or aggravated reckless driving in violation of Section 39-08-03, NDCC, or an equivalent ordinance.

	3.	A violation of chapter 12.1-16, NDCC, resulting from the operation of a motor vehicle.
										
	4.	Leaving the scene of an accident in violation of Sections 39-08-04, 39-08-05, 39-08-07 or 39-08-08, NDCC, or equivalent ordinances.

	5.	Driving while license or driving privilege is suspended or revoked in violation of Section 39-06-42, NDCC, or an equivalent ordinance.

	6.	Violating subdivisions b or c of subsection 5 of Section 39-24-09, NDCC.

	7.	Operating a modified motor vehicle in violation of Section 39-21-45.1, NDCC.

	8.	Driving  without liability insurance in violation of Section 39-08-20, NDCC.

	9.	Failing to display a placard or flag, in violation of any rule implementing Section 39-21-44, NDCC, while transporting explosive or hazardous materials.

	10.	Operating an unsafe vehicle in violation of subsection 1 of section 39-21-46, NDCC.

	9-06.1-06   Amount of Statutory Fees   The fees required for a non-criminal disposition pursuant to either Section 9-06.1-02 or 9-06.1-03 must be as follows:

	1.	For a nonmoving violation as defined in section 9-06.1-08, a fee of any amount not to exceed twenty dollars.

	2.	For a moving violation as defined in section 9-06.1-09, a fee of twenty dollars, except for:

1.				A violation of section 9-10-26, 9-10-26.2, 9-10-41, 9-10-42, 9-10-46, or 9-10-46.1 a fee of fifty dollars.

1.				A violation subsection 1 of section 9-10-28, a fee of fifty dollars.

1.				A violation of section 9-21-41.2, no fee may be imposed by the state, a city, or a county including a city or county operating under a home rule charter.

	3.  For a violation of section 9-09-02, or an equivalent ordinance, a fee established as follows:

	Miles per hour over
	lawful speed limit			Fee

			 1 -  5		$ 5
		 	 6 - 10	$ 5 plus $1/each mph over 5 mph over limit	
			11 - 15	$ 10 plus $1/each mph over 10 mph over limit
			16 - 20	$ 15 plus $2/each mph over 15 mph over limit
			21 - 25	$ 25 plus $3/each mph over 20 mph over limit
			26 - 35	$ 40 plus $3/each mph over 25 mph over limit
			36 - 45	$ 70 plus $3/each mph over 35 mph over limit
			46 +		$100 plus $5/each mph over 45 mph over limit

	4.	For a violation of Section 9-09-01, or an ordinance defining careless driving, a fee of Thirty dollars. 

	5.	For a violation of Section 9-09-01.1, or an ordinance defining care required in driving, a fee of not less than Ten and No/100 Dollars ($10.00), nor more than Thirty and No/100 Dollars ($30.00).

	6.	Repealed by S.L. 1985, chapter 430, section 4.

	7.	For a violation of any traffic parking regulations, except a violation of subsection 10 of section 9-01-15, a fee in the amount of Five and No/100 Dollars ($5.00).

	8.	For a violation of section 9-21-41.4, or a fee not to exceed twenty dollars.

	9-06.1-08   Nonmoving Violation - Defined   For the purpose of section 9-06.1-06, a “nonmoving violation” means:

1.	A violation of section 9-04-11, 9-06-44, 9-06-45, 9-10-47, 9-10-49, 9-10-50, 9-10-51, 9-10-54.1, 9-21-08, 9-21-10, 9-21-11, or 9-21-14, or violation of any municipal ordinance equivalent to the foregoing sections

1.	A violation, discovered at a time when the vehicle is not actually being operated, of section 9-21-03, 9-21-05, 9-21-13, 9-21-19, 9-21-32, 9-21-37, 9-21-9, or a violation of any municipal ordinance equivalent to the foregoing sections.

	9-06.1-09   Moving Violation - Defined   For the purpose of 9-06.1-06, a "moving violation" means a violation of subsection 1 of section 9-04-37; section 9-04-55; 9-06-01; 9-06-16; 9-09-04.1; 9-09-09; 9-24-02; or 9-24-09, except subdivisions b and c of subsection 5, or equivalent ordinances; or a violation of the provisions of chapter 9-10, 9-10.2, or 9-21, or equivalent ordinances, except sections 9-21-45.1, 9-21-46 and those sections within those chapters which are specifically listed in subsection 1 of section 9-06.1-08.	

ARTICLE 7		General Regulations Governing Traffic

	9-07-01	Bicycle or Ridden Animal Deemed Vehicle
For the purposes of Articles 9-08 through 9-13, a bicycle or a ridden animal must be deemed a vehicle.

	9-07-03  Authority to Designate Through Streets
The provision of North Dakota Century Code Section 9-07-03 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The Commissioner with reference to state highways, and local authorities, with reference to highways under their jurisdiction, may, by proclamation, designate as through highways, any highway, street, or part thereof, and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

	9-07-04	Through Streets Designated
The following streets and parts of streets are hereby declared to be through streets for the purpose of this chapter:

	9-07-06	General Penalty for Violation of Chapter
The provisions of North Dakota Century Code Section 9-07-06 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any person violating any of the provisions of this chapter for which another criminal penalty is not provided specifically shall be guilty of an infraction.  As used in this section, the phrase "another criminal penalty" includes provision for payment of a fixed fee for violating another section of this chapter, but does not include other administrative sanction which may be imposed.

	9-07-07	Halting Person for Violating Traffic Regulations - Duty of Officer Halting
The provisions of North Dakota Century Code Section 39-07-07 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Whenever any person is halted for the violation of any of the provisions of North Dakota Century Code Chapters 39-01 through 39-13, 39-18, 39-21 and 39-24, or of equivalent city ordinances, the officer halting that person, except as otherwise provided in Section 9-07-09 and Section 9-20-03.1 or 9-02-03.2 may:

	1.	Take the name and address of the person;

	2.	Take the license number of the person's motor vehicle; and

	3.	Issue a summons or otherwise notify that person in writing to appear at a time and place to be specified in the summons or notice.

A halting officer employed by any political subdivision of the state may not take a person into custody or require that person to proceed with the officer to any other location for the purpose of posting bond, where the traffic violation was a noncriminal offense under Section 9-06.1-02.  The officer shall provide the person with an envelope for use in mailing the bond.

	9-07-08	Hearing - Time - Promise of Defendant to Appear - Failure to Appear - Penalty
The provisions of North Dakota Century Code Section 39-07-08 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The time to be specified in the summons or notice provided for in 9-07-07 must be within thirty-five days after the issuance of such summons or notice unless 
the person halted shall demand an earlier hearing, and if the person halted desires, the person may have the right, at a convenient hour, to an immediate hearing or to a hearing within twenty-four (24) hours.  The hearing must be before the municipal court of the city in which the offense was committed.  Upon the receipt from the person halted of a written promise to appear at the time and place mentioned in the summons or notice, such officer shall release him from custody.  Any person refusing to give such written promise to appear shall be taken immediately by the halting officer before the nearest or most accessible magistrate, or to such other place or before such other person as may be provided by a statute or ordinance authorizing the giving of bail.  Any person willfully violating the person's written promise to appear is guilty of a class B misdemeanor, regardless of the disposition of the charge upon which the person originally was halted.  The time limitations for a hearing as provided by this ordinance do not preclude a recharging of the alleged violation if the person being charged receives a new summons or notice subject to the provisions of this ordinance.

	9-07-09	Offenses Under Which Person Halted May Not be Entitled to Release Upon Promise to Appear

The provisions of North Dakota Century Code Section 39-07-09 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The provisions of Section 9-07-07 shall not apply to a person if:

	1.	The halting officer shall have good reason to believe such person guilty of any felony or when such person is halted and charged with any of the offenses listed in Section 9-06.1-05, NDCC, but not listed in subsection 2; or

	2.	The halting officer, acting within the officer's discretion, determines that it is inadvisable to release such person upon a promise to appear and if the person has been halted and charged with any of the following offenses:

		a.	Reckless driving.

		b.	Driving in excess of speed limitations established by the state or by local authorities in their respective jurisdictions.

			c.	Driving while license or driving privilege is suspended or revoked for violation of section 39-06-42, NDCC, or an equivalent ordinance.

			d.	Operating a modified vehicle.
												
		e.	Failing to display a placard or flag, in violation of any rule implementing section 39-21-44, NDCC, while transporting explosive or hazardous materials.

			f.	Operating an unsafe vehicle in violation of subsection 1 of section 39-21-46, NDCC.

The halting officer forthwith shall take any person not released upon his promise to appear before the nearest or most accessible magistrate.

	9-07-11   Magistrate to Keep Record of Convictions of Traffic Violations - Records of Conviction to be Forwarded to Licensing Authority   Every magistrate, as defined in section 29-01-14, shall keep a full record of every case brought before the magistrate in which a person is charged with a violation of chapter 12.1-16 resulting from the operation of a motor vehicle, or of any provision of chapter 12.1-16 resulting from the operation of a motor vehicle, or of any provision of chapters 39-05 through 39-13, 39-21, and 39-24, or with a violation of a municipal ordinance which is equivalent to any of the provisions of the foregoing statutes.  Within ten days after a final order or judgment of conviction, for a violation not subject to disposition and reporting under chapter 9-06.1, by the North Dakota supreme court or any lower court having jurisdiction, provided that no appeal is pending and the time for filing a notice of appeal has elapsed, the magistrate then having jurisdiction shall forward a report of that fact to the licensing authority.  If the reported violation caused another person's serious bodily injury, as defined in section 12.1-01-04, the magistrate shall include that information in the report.  Any conviction for which a report is received by the licensing authority may be deemed by the licensing authority to be final, and the licensing authority may take any action authorized by law to be taken based on the report.  Subject to the filing of an appeal, a conviction includes those instances when:
	
	1.	A sentence is imposed and suspended;
	2.	Imposition of a sentence is deferred under subsection 4 of section 12.1-32-02; or
	3.	There is a forfeiture of bail or collateral deposited to secure a defendant's appearance in court of the forfeiture has not been vacated.

	9-07-12   Written Report of an Accident - Garages to Report   The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a reportable accident as provided in Section 9-08-09 (1) or of being struck by any bullet, shall report or cause a report to be made to a police officer within twenty-four (24) hours after such motor vehicle is received, and before any repairs are made to such vehicle, giving the registration number and the name and address of the owner, operator, or person in control of such vehicle with a description of the location and type of damage to the vehicle, or any missing parts, if the vehicle does not have a sticker on a window thereof issued by a police officer, sheriff or highway patrolman bearing information to show that the accident in which the vehicle was involved had been investigated.  The police officer investigating any reportable accident shall attach a sticker to the window of any damaged vehicle showing that the accident in which such vehicle was involved has been investigated.  If the vehicle does bear such a sticker the garage or repair shop need not make the 
report this section requires and may begin repairs immediately.  After repairs have been made and before the vehicle is released, the sticker provided herein shall be removed.

ARTICLE 8			Regulations Governing Operators

	9-08-03.1	Exhibition Driving and Drag Racing -Definitions - Penalty
The provisions of North Dakota Century Code Section 9-08-03.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person may engage in exhibition driving of any vehicle on a highway, street, alley, sidewalk, or any public or private parking lot or area, nor may any person engage in a race, a speed competition, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration.  Any person who violates this section by engaging in an act defined by subdivision b of subsection 2 must be assessed a fee of Fifty and No/100 Dollars ($50.00).  Any person who violates this section by engaging in an act defined by subdivision a or c of subsection 2 must be assessed a fee of One Hundred and No/100 Dollars ($100.00).

	2.	As used in this section:

		a.	"Drag race" means the operation of two or more vehicles from a point side-by-side by accelerating rapidly in a competitive attempt to cause one vehicle to outdistance the other; or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speed or powers of acceleration of such vehicle or vehicles within a certain distance or time limit.

		b.	"Exhibition driving" means driving a vehicle in a manner which disturbs the peace by creating or causing unnecessary engine noise, tire squeal, skid, or slide upon acceleration or braking; or driving and executing or attempting one or a series of unnecessarily abrupt turns.

		c.	"Race" means the use of one or more vehicles in an attempt to outgain, outdistance, or to arrive at a given distance ahead of another vehicle or vehicles; or the use of one or more vehicles to willfully prevent another vehicle from passing the racing vehicle or vehicles, or to test the physical stamina or endurance of the persons driving the vehicles over a long distance driving route.

	3.	Nothing in this section shall be construed as prohibiting drag racing, exhibition driving, or similar events when carried out in an organized manner on a track or other privately owned area specifically set aside and used solely for such purposes by drivers of motor vehicles, including snowmobiles.

	9-08-09	Immediate Notice of Accident - Penalty

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of at least One Thousand and No/100 Dollars ($1,000.00) shall immediately give notice of such accident to the local Police Department if the accident occurs within a municipality, otherwise to the office of the County Sheriff or the State Highway Patrol.  Any person who violates this section must be assessed a fine of Fifty and No/100 Dollars ($50.00).  The name of the motor vehicle insurance policy carrier and the policy number of the driver, or if the driver is not the owner of the vehicle, then the motor vehicle insurance policy carrier and the policy number of the owner of the vehicle, must be furnished to the law enforcement officer investigating the accident.  If the driver does not have the required information concerning insurance to furnish to the investigating law enforcement officer, then within five (5) days of the accident the driver shall supply that information to the Driver's License Division in the form the division requires.

	The commissioner may suspend the license or permit to drive and any nonresident operating privileges of any person failing to comply with the duties as provided in Section 39-08-06 through 39-08-09 of the North Dakota Century Code until such duties have been fulfilled, and the commissioner may extend such suspension not to exceed thirty (30) days.

	9-08-10   Officer to Report   Every law enforcement officer, who in the regular course of duty investigates a motor vehicle accident required to be reported as provided in section 9-08-09 either at the time and at the scene of the accident or thereafter by interviewing the participants, or witnesses, shall make and promptly forward to the director a report of the accident in a format prescribed by the director.

	9-08-11	When Driver Unable to Report

	1.	An accident notice is not required from any person who is physically incapable of making the report during the period of such incapacity.

	2.	Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

	3.	Whenever the driver is physically incapable of giving notice of an accident and such driver is not the owner of the vehicle, then the owner of the vehicle involved shall within five (5) days after learning of the accident give such notice and insurance information not given by the driver.

	9-08-18   Open Bottle Law - Penalty   The provisions of North Dakota Century Code Section 39-08-18 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	A person may not drink or consume alcoholic beverages, as defined in Section 5-01-01, NDCC, in or on any motor vehicle when such vehicle is upon a public highway or in an area used principally for public parking.  No person shall have in his possession on his person while in or on a private motor vehicle upon a public highway or in an area used principally for public parking, any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed.  It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in or on the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway or in an area used principally for public parking any bottle or receptacle parking any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk.  A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.  The provisions of this section shall not prohibit the consumption or possession of alcoholic beverages in a house car, as defined in Section 9-01-01, if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain or some similar means of separation; however, consumption is not authorized while the house car is in motion.  Any person violating the provisions of this section shall be assessed a fee of Fifty and No/100 Dollars ($50.00); however, the licensing authority shall not record the violation against the driving record of such person unless he was the driver of the automobile at the time that the violation occurred.

	2.	Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction.  This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking.
								
ARTICLE 9		Speed Restrictions

	9-09-01	Basic Rule - Penalty for Violation
No person may drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.  Consistent with the foregoing, every person shall drive at a safe and 
appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.  Any person who  drives a vehicle upon a highway or private or public property open to the public for the operation of motor vehicles without heed to the requirements or restrictions of this section has committed careless driving and must be assessed a fee of Thirty and No/100 Dollars ($30.00).

Any person who, by reason of careless driving as herein defined, causes and inflicts injury upon the person of an operator of snow removal equipment engaged in snow removal operations or causes damage in excess of one thousand dollars to snow removal equipment engaged in show removal is guilty of an infraction.

As used in this section, “snow removal equipment” means a vehicle that is operated by a person employed by or on behalf of an authority in charge of the maintenance of the highway to perform winter maintenance snow and ice removal, including plowing, hauling away, salting, and sanding.

	9-09.01.1	Care Required in Operating Vehicle
The provisions of North Dakota Century Code Section 39-09-01.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any person driving a vehicle upon a highway shall drive the vehicle in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing, and shall give such warnings as are reasonably necessary for safe operation under the circumstances.  No person may drive any vehicle upon a highway in a manner to endanger the life, limb, or property of any person.

	9-09-02   Speed Limitations   The provisions of North Dakota Century Code Section 39-09-02 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Subject to the provisions of section 9-09-01 and except in those instances where a lower speed is specified in this chapter, it presumably shall be lawful for the driver of a vehicle to drive the same at a speed not exceeding:

	1.	Twenty (20) miles an hour when approaching within fifty (50) feet of a grade crossing of any steam, electric, or street railway when the driver's view is obstructed.  A driver's view shall be deemed to be obstructed when at any time during the last two hundred (200) feet of his approach to such crossing he does not have a clear and uninterrupted view of such railway crossing and of any traffic on such railway for a distance of four hundred (400) feet in each direction from such crossing.

	2.	Twenty (20) miles an hour when passing a school during school recess or while children are going to or leaving school during opening or closing hours;

	3.	Twenty (20) miles an hour when approaching within fifty (50) feet and in traversing an intersection of highways when the driver's view is obstructed.  A driver's view shall be deemed to be obstructed when at any time during the last fifty (50) feet of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the highways entering such intersection for a distance of two hundred (200) feet from such intersection;

	4.	Twenty (20) miles an hour when the driver's view of the highway ahead is obstructed within a distance of one hundred (100) feet;

	5.	Twenty-five (25) miles an hour on any highway in a business district or in a residence district or in a public park, unless a different speed limit is designated and posted by local authorities; and

	6.	Fifty-five (55) miles an hour under other circumstances, unless otherwise permitted, restricted, or required by conditions.

		a.	The Highway Commissioner may designate and post special areas of state highways where lower speed limits shall apply.

		b.	Except as provided by law, it shall be unlawful for any person to drive a vehicle upon a highway at a speed that is unsafe or at a speed exceeding the speed limit prescribed by law or established pursuant to law.

			c.	In charging a violation of the provisions of this section, the complaint shall specify the speed at which the defendant is alleged to have driven and the speed which this section prescribes shall be prima facie lawful at the time and place of the alleged offense.

	9-09-03	When Local Authorities May or Shall Alter Maximum Speed - Limits - Signs Posted
The provisions of North Dakota Century Code Section 39-09-03 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Whenever the local authorities in their respective jurisdictions, on the basis of an engineering and traffic investigation, determine that the maximum speed permitted under this title is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the city may determine and declare a reasonable and safe maximum limit thereon which:

		a.	Decreases the limit at intersections;

		b.	Increases the limit within an urban district but not to more than fifty-five (55) miles  [88.51 kilometers] per hour; or 

		c.	Decreases the limit outside an urban district.

	2.	Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this chapter for an urban district.

	3.	Any altered limit established as herein above authorized shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway.

	4.	Any alteration of maximum limits on state highways or extensions thereof in the municipality shall not be effective until such alteration has been approved by the director.
								
	5.	Not more than six such alterations as herein above authorized may be made per mile [1.61 kilometers] along a street or highway except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than ten (10) miles [16.09 kilometers] per hour.

	9-09-06   Speed Limitations Inapplicable to Whom - Liability of Exempt Driver for Reckless Driving   The provisions of North Dakota Century Code Section 39-09-06 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The speed limitations provided for in this article shall not apply to Class A authorized emergency vehicles.  The exceptions provided for in this section shall not protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.

	9-09-09   Minimum Speed Limits   The provisions of North Dakota Century Code Section 39-09-09 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

	2.	Whenever the State Director and the Superintendent of the Highway Patrol, acting jointly, or the city, determine on the basis of engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the 

Councilors and Superintendent or the city may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, and that limit shall be effective when posted upon appropriate fixed or variable signs.

	9-09-10	Regulations of Speed by Traffic Signals
The city Traffic Engineer or authorized person may regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof.

ARTICLE 10	General Rules of the Road

	9-10-01.1	Obedience to Traffic Ordinances
It shall be unlawful for any person to do any act forbidden or fail to perform any act required by the provisions of the Chapter, and upon conviction of a violation of any of the provisions of this Chapter every person, firm or corporation shall be punished as provided for in this Chapter.

	9-10-02	Obedience to Police Officers or Firemen
No person shall willfully refuse to comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control, or regulate traffic.

	9-10-02.1	Certain Nonmotorized Traffic to Obey Traffic
	Regulations
	1.	Every person propelling any push cart upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance and by the rules of the road portion of the state vehicle code, except those provisions which by their very nature can have no application.

	2.	Every person riding a bicycle or an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application.

	9-10-03   Emergency Vehicles   The provisions of NDCC Sections 9-10-03, 9-10-03.1, and 9-10-03.2 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Class A authorized emergency vehicles.

		a.	The driver of a Class A authorized emergency vehicle may:

			1.	Park or stand, irrespective of the provisions of this chapter;

    		2.	Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
													
   			3.	Exceed the speed limit so long as he does not endanger life or property;

    		4.	Disregard regulations governing directions of movement or turning in specified directions.

		b.	The exceptions herein granted to a Class A authorized emergency vehicle shall apply only:

			1.	When the authorized emergency vehicle is in pursuit of or apprehension of a violator or a suspected violator requiring the use of these exemptions;

    		2.	When the Class A authorized emergency vehicle is being operated in response to a reported emergency involving a possible personal injury, death or damage to property, and when giving audible signal by siren or when giving adequate warning by use of a flashing red or combination red and white lights which are visible under normal atmospheric conditions for at least five hundred feet (152.4 meters);

   			3.	In any instance when the head of a law enforcement agency deems advisable within the area of his jurisdiction for the protection of person and property and when giving audible signal by siren or when giving adequate warning by use of a flashing red or combination red and white lights which are visible under normal atmospheric conditions for at least five hundred feet (152.4 meters).

		c.	No emergency vehicle shall display or permit to be displayed any red lamp except when operated on official business.

		d.	Any law enforcement officer as provided in paragraph 2 of subdivision a of subsection 1 of Section 9-01-01 of the North Dakota Century Code having stopped another vehicle along a highway, and while still involved in that incident, or any other such activity, may use amber lights, visible under normal atmospheric conditions for at least five hundred feet (152.4 meters), for the purpose of maintaining traffic flow.
											
	2.	Class B authorized emergency vehicles.

		a.	The driver of Class B authorized emergency vehicles may:

			1.	Park or stand, irrespective of the provisions of this chapter;

    		2.	Exceed the speed limit so long as he does not endanger life or property during the time of a local or national disaster;

   			3.	Disregard regulations governing direction of movement or turning in specified directions.

		b.	The exceptions herein granted to a Class B authorized emergency vehicle shall apply only when the authorized emergency vehicle is displaying an amber light visible under normal atmospheric conditions for a distance of five hundred feet (152.4 meters) in any direction, and

			1.	When it is necessary for the authorized emergency vehicle to use these exemptions for the immediate protection of life or property;

   			2.	When an authorized emergency vehicle is stopped on a highway for the purpose of performing a duty as required of him; or

   			3.	When traveling at a speed slower than the normal flow of traffic.

	3.	Class C authorized emergency vehicles.  All Class B specifications apply to Class C authorized emergency vehicles except that a rotating blue flashing light must be displayed in place of an amber light as provided in section 9-10-03.1 of the North Dakota Century Code.  With respect to vehicles used by state and local disaster emergency services personnel, the division of emergency management is responsible for adopting rules for the use of flashing blue lights in accordance with chapter 28-32 of the North Dakota Century Code.

	4.	Any law enforcement officer as provided in paragraph 2 of subdivision a of subsection 1 of Section 9-01-01 of the North Dakota Century Code having stopped another vehicle along a highway, and while still 
involved in that incident, where flashing red or combination red and white lights were used in making the stop, may switch to the use of amber lights, visible under normal atmospheric conditions for at least five hundred feet (152.4 meters), for the purpose of maintaining traffic flow.

	9-10-04	Obedience to Traffic Control Devices
The provisions of North Dakota Century Code Section 39-10-04 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

	2.	No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a state statute does not state that devices are required, such statute shall be effective even though no devices are erected or in place.

	3.	Whenever official traffic-control devices are placed in positions approximately conforming to the requirements of this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.

	4.	Any official traffic-control device placed pursuant to the provisions of this title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.

	9-10-07.2	Unauthorized Signs, Signals or Markings
The provisions of North Dakota Century Code Section 9-10-07.2 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall place, maintain, or display upon or in view of any highway, any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.

	2.	No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

	3.	This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

	4.	Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice when located on highway right of way.

	5.	No person shall place, maintain, or display upon or within the right of way of any highway any sign, post, pole, mailbox, or signal which has a red lamp or red reflector visible to traffic.  The provisions of this subsection shall not apply to official traffic devices, lamps, or reflectors on motor vehicles or bicycles, or railroad signals or signs.

	9-10-07.3   Interference with Official Traffic Control Device or Sign   	The provision of North Dakota Century Code Section 39-10-07.3 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

	9-10-08   Drive on Right Side of Roadway - Exceptions   The provisions of North Dakota Century Code Section 39-10-08 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	
	1.	Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

		a.	When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

		b.	When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

		c.	Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or 

	2.	Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn in an intersection or into a private road or driveway.

	3.	Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subdivision b of subsection 1 hereof.  However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, or driveway.

	9-10-09   Passing Vehicles Proceeding in Opposite Direction   The provisions of North Dakota Century Code Section 39-10-09 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

	9-10-11	Overtaking a Vehicle on the Left
The provisions of North Dakota Century Code Section 39-10-11 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated;

	1.	The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

	2.	Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

	9-10-12	When Overtaking on the Right is Permitted
The provisions of North Dakota Century Code Section 39-10-12 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

		a.	When the vehicle overtaken is making or about to make a left turn; or

		b.	Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

	2.	The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.  Such movement shall not be made by driving off the roadway.

	9-10-13	Limitations on Overtaking on the Left
The provisions of North Dakota Century Code Section 39-10-13 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken.  In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable, and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

	9-10-14   Further Limitations on Driving on Left of Center of Roadway   		The provisions of North Dakota Century Code Section 39-10-14 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No vehicle shall be driven to the left side of the roadway under the following conditions:

		a.	When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

		b.	When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; or

		c.	When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.

	2.	The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in 9-10-08 nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

	9-10-15   No-Passing Zones   The provisions of North Dakota Century Code Section 39-10-15 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The State Highway Commissioner and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdiction where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may be appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

	2.	Where signs or markings are in place to define a no-passing zone as set forth in subsection 1, no driver shall at any time drive on the left side of the roadway with such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.

	3.	This section does not apply under the conditions described in Section 9-10-08 nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

	9-10-17	Driving on Roadways Laned for Traffic
	The provisions of North Dakota Century Code Section 39-10-17 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:

	1.	A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

	2.	Upon a roadway which is divided into three lanes and provides for two-way traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center line is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

	3.	Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.

	4.	Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

	9-10-18   Following Too Closely   The provisions of North Dakota Century Code Section 39-10-18 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

	2.	The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle shall, whenever conditions permit leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.

	3.	Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger.  This provision shall not apply to funeral processions.

	9-10-19   Driving on Divided Highways    The provisions of North Dakota Century Code Section 39-10-19 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so construed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed or permitted to use another roadway by official traffic-control devices or police officers.  No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space at a crossover or intersection as established by public authority, unless such crossing is specifically prohibited and such prohibition is indicated by appropriate traffic-control devices.

	9-10-20   Restricted Access   The provisions of North Dakota Century Code Section 39-10-20 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.

	9-10-21   Restrictions on Use of Controlled-Access Roadway   The provisions of North Dakota Century Code Section 39-10-21 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The Commissioner may by order, and the city may by ordinance, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of any such roadway by any class or kind of traffic which is found incompatible with the normal and safe movement of traffic.

The State Highway Commissioner or the city, as the case may be, shall erect and maintain official signs on the controlled-access roadway on which such regulations are applicable and when so erected no person shall disobey the restrictions stated on such signs.

	9-10-21.1   Closing Road Because of Hazardous Conditions - Posting of Official Traffic-Control Devices - Entering Closed Road Prohibited   The highway patrol or local law enforcement authorities having jurisdiction over a road may close a road temporarily due to hazardous conditions for the protection and safety of the public.  If such a closing is made, the authority ordering the closing shall make every reasonable attempt to notify the public and, when practical, may post appropriate official traffic-control devices to advise motorists of the closing.  No person, while operating a motor vehicle, may knowingly enter a road closed under this section.

	9-10-22   Vehicle Approaching or Entering Intersection   The provisions of North Dakota Century Code Section 39-10-22 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

	2.	The right-of-way rule declared in this section is modified at through highways and otherwise as stated in this chapter.

	9-10-23	Vehicle Turning Left at Intersection
The provisions of North Dakota Century Code Section 39-10-23 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

	9-10-24  Failed to Yield at Stop Intersection

	1.	Preferential right-of-way may be indicated by stop signs or yield signs as authorized in Section 9-07-03.

	2.	Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, or if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersection roadway before entering it.  After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

	3.	The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop sign, or, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersection roadway before entering it.  After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways.  Provided, however, that if the driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way.

	9-10-25   Vehicle Entering Roadway   The provisions of North Dakota Century Code Section 39-10-25 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

	9-10-26	Operation of Vehicles on Approach of Authorized Emergency Vehicles

1.	Upon the immediate approach of an authorized emergency vehicle displaying a visible flashing giving an audible , revolving, or rotating blue, white, or red light, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb or the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

	2.	Whenever an emergency vehicle is parked or stopped at the scene of an emergency and is displaying a flashing, revolving, or rotating blue, white, or red light, approaching traffic shall move to the right-hand edge or curb of the roadway and shall stop, but once having stopped, traffic may proceed past the scene at its own risk when the roadway is clear, except when otherwise directed by a police officer.

	3.	This section does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highways.

	9-10-26.1	Highway Construction and Maintenance

	1.	The driver of a vehicle shall yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.

	2.	The driver of a vehicle shall yield the right of way to any authorized vehicle obviously and actually engaged in work upon a highway wherever such vehicle displays flashing lights meeting the requirements of section 9-21-28.

	9-10-26.2	Permitting use of Vehicle to Violate Section 9-10-26 Prohibited - Presumption of Permission - Defense - Dual Prosecution Prohibited		
The registered owner of a motor vehicle may not permit that motor vehicle to be operated in violation of section 9-10-26.  If a motor vehicle is seen violating section 9-10-6, it is a disputable presumption that the registered owner of the motor vehicle permitted that violation.  It is a defense to a charge of violating this section that the registered owner of the vehicle was not operating the vehicle, if that registered owner identifies the person authorized by that owner to operate the motor vehicle at the time of the violation of section 9-10-26, or if that motor vehicle had been taken without the registered owner’s permission.  A person may not be charged both with violating this section and with violating section 9-10-26.  Violation of this section is not a lesser included offense of violation of section 9-10-26.

	9-10-27	Pedestrian Obedience to Traffic Control Devices and Traffic Regulations
The provisions of North Dakota Century Code Section 39-10-27 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	A pedestrian shall obey the instructions of any official traffic control device specially applicable to him, unless otherwise directed by a police officer.

	2.	Pedestrians shall be subject to traffic and pedestrian-control signals as provided for in Sections 9-10-04 and 9-10-07.3.
							
	9-10-28	Pedestrians' Right-of-way in Crosswalks
The provisions of North Dakota Century Code Section 39-10-28 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk 
when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

	2.	No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

	3.	Subsection 1 of this section shall not apply under the conditions stated in subsection 2 of Section 9-10-29.

	4.	Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the highway, the driver of any other vehicle approaching from the real shall not overtake and pass such stopped vehicle.

	9-10-29	Crossing at other than Crosswalks
The provisions of North Dakota Century Code Section 39-10-29 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

	2.	Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

	3.	Between adjacent intersections at which traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

	4.	No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

	9-10-30	Drivers to Exercise Due Care
The provisions of North Dakota Century Code Section 39-10-30 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Not withstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

	9-10-32   Pedestrians to use Right Half of Crosswalks   The provisions of North Dakota Century Code Section 39-10-32 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

	9-10-33   Pedestrians on Roadways   The provisions of North Dakota Century Code Section 39-10-33 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

	2.	Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

	3.	Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

	4.	Except as otherwise provided for in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

	9-10-33.1   Pedestrians' Right-of-way on Sidewalks   The provisions of North Dakota Century Code Section 39-10-33.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.

	9-10-33.2   Pedestrians Yield to Authorized Emergency Vehicles   The provisions of North Dakota Century Code Section 39-10-33.2  and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Upon the immediate approach of an authorized emergency vehicle making use of an audible signal by bell, siren, or exhaust whistle and displaying a visible flashing revolving, or rotating blue, white or red light, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.

	2.	This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.

	9-10-33.3	Blind Pedestrians' Right-of-way
The provisions of North Dakota Century Code Section 39-10-33.3 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

9-10-33.4   Pedestrians Under Influence of Alcohol or Drugs   The provisions of North Dakota Century Code Section 39-10-33.4  and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself a hazard shall not walk or be upon a roadway.

	9-10-33.5	Bridge and Railroad Signals
The provisions of North Dakota Century Code Section 39-10-33.5 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

	9-10-34	Pedestrians Soliciting Rides or Business
The provisions of North Dakota Century Code Section 39-10-34 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall stand in a roadway for the purpose of soliciting a ride.

	2.	No person shall stand in a roadway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.

	3.	No person shall stand on or in proximity to a street or highway for the purpose of soliciting the waiting or guarding of any vehicle while parked or about to be parked on a street or highway.

	9-10-35   Required Position and Method of Turning at Intersection   	The provisions of North Dakota Century Code Section 39-10-35 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of a vehicle intending to turn at an intersection shall do so as follows:

	1.	Right turns.  Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;

	2.	Left turns on two-way roadways.  At any intersection where traffic is permitted to move in both directions on each roadway entering the 
intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection;

	3.	Left turns on other than two-way roadways.  At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand land lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered; and

	4.	The city may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.

	9-10-36	Limitations on Turning Around
The provision of North Dakota Century Code Section 39-10-36 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.

	2.	No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet.

	9-10-37   Starting Parked Vehicle   No person may start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.

	9-10-38	Turning Movements and Required Signals
The provisions of North Dakota Century Code Section 39-10-38 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall turn a vehicle at an intersection less the vehicle is in proper position upon the roadway as required in 9-10-35 or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.  No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement;

	2.	A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning;

	3.	No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal; and

	4.	The signals required on vehicles by subsection 2 of 9-10-9 shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

	9-10-9	Signals by Hand and Arm or Signal Lamps
The provisions of North Dakota Century Code Section 39-10-9 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection 2.

	2.	Any motor vehicle in use on a highway shall be equipped with, and required signals shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four (24) inches (60.96 centimeters), or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet (4.27 meters).  The latter measurement shall apply to any single vehicle and to any combination of vehicles.

	9-10-40	Methods of Giving Hand and Arm Signals
The provisions of North Dakota Century Code Section 39-10-40 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

1.	Left turn:  hand and arm extended horizontally;

2.	Right turn:  hand and arm extended upward;

3.	Stop or decrease speed:  Hand and arm extended downward.

	9-10-41   Obedience to Signal Indicating Approach of Train   The provision of North Dakota Century Code Section 39-10-41 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Whenever any person driving a vehicle approaches a rail-road grade crossing under any of the circumstances state in this section, the driver of such vehicle shall stop within fifty (50) feet (15.24 meters) but not less than fifteen (15) feet (4.57 meters) from the nearest rail of such railroad, and shall not proceed until he can do so safely.  The foregoing requirements shall apply when:

		a.	A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

		b.	A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

		c.	A railroad train approaching within approximately one thousand three hundred twenty (1,320) feet (402.34 meters) of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

		d.	An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

	2.	No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.  No person shall drive any vehicle past any human flagman at a railroad crossing until the flagman signals that the way is clear to proceed.

	9-10-44	Disregarding Stop Sign

	1.	Preferential right-of-way may be indicated by stop signs or yield signs as authorized in Section 9-07-03.

	2.	Every stop sign and every yield sign must be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersecting roadway.

	3.	Except when directed to proceed by a police officer or traffic control sign, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway.

	4.	The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

	9-10-45   Emerging from Alley or Driveway - Right of Way   The driver of a vehicle emerging from an alley, driveway, private road or building with a business or residential district shall stop such vehicle immediately prior to driving on to the sidewalk or on to the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered when the driver has a view of approaching traffic thereon.  The driver shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

	9-10-46	Overtaking and Passing School Bus
The provisions of North Dakota Century Code Section 39-10-46 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of a vehicle meeting or overtaking from either direction of any school bus stopped on the highway shall stop the vehicle before reaching the school bus when there is in operation on the school bus the flashing red lights, the stop sign on the control arm, or the safety strobe lights specified in Section 9-21-18, and the driver may not proceed until such school bus resumes motion or he is signaled by the school bus driver to proceed or the flashing red lights, the stop sign on the control arm, and the safety strobe lights are no longer actuated.

	2.	Every school bus must bear upon the front and rear thereof plainly visible signs containing the word "SCHOOL BUS" in letters not less than eight (8) inches (20.32 centimeters) in height.  When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school or for a school sanctioned activity, all markings thereon indicating "SCHOOL BUS" shall be covered or concealed.

	3.	The operator of a school bus equipped with amber caution lights may activate those lights at a distance of not less than three hundred (300) feet 
(91.44 meters) nor more than five hundred (500) feet (152.4 meters) from the point where school children are to be received or discharged from the bus.
	4.	Every school bus shall be equipped with safety lights and must be equipped with a stop sign on a control arm and red visual signals meeting the requirements of Section 9-21-18, which may be actuated by the driver of the school bus whenever the vehicle is stopped on the highway to receive or discharge school children.  A school bus driver may not actuate the stop sign or the special visual signals:

		a.	On city streets on which the receiving or discharging of school children is prohibited by ordinance;

		b.	At intersections or other places where traffic is controlled by traffic-control signals or police officers; or

		c.	In designated school bus loading areas where the bus is entirely off the roadway.

	5.	The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

	6.	Every school bus must bear on the rear of the bus a plainly visible sign containing the words "THIS SCHOOL BUS STOPS AT ALL RAILROAD CROSSINGS."

	9-10-47	Stopping, Standing or Parking Outside of Business or Residence Districts
The provisions of North Dakota Century Code Section 39-10-47 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway of not less than twelve (12) feet opposite a standing vehicle must be left for the free passage of other vehicles and a clear view of such stopped vehicles must be available from a distance of two hundred feet in each direction upon such highway.

	2.	Sections 9-10-47, 9-10-49 and 9-10-50 shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a 

highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

	9-10-48   Officers Authorized to Remove Illegally Stopped Vehicles   	The provisions of North Dakota Century Code Section 39-10-48 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	1.	Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of Section 9-10-47, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.

	2.	Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitute an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

	3.	Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

		a.	A report has been made that such vehicle has been stolen or taken without consent of its owner;

		b.	The person or persons in charge of such vehicle are unable to provide for its custody or removal; or

		c.	When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.

	9-10-49   Stopping, Standing or Parking Prohibited in Specified Places   	The provisions of North Dakota Century Code Section 39-10-49 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

	1.	On a sidewalk;

	2.	In front of a public or private driveway;

	3.	Within an intersection;
	
	4.	Within ten (10) feet of a fire hydrant;

	5.	On a crosswalk;

6.	Within ten (10) feet of a crosswalk at an intersection;

7.	Within fifteen (15) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;

8.	Between a safety zone and the adjacent curb or within fifteen (15) feet of points on the curb immediately opposite the ends of a safety zone, unless the State Highway Department or the city indicates a different length by signs or markings;

9.	Within fifteen (15) feet of the nearest rail of a railroad crossing;

10. Within twenty (20) feet of the driveway entrance to any fire station and on   the side of a street opposite the entrance to any fire station within seventy-  five (75) feet of said entrance when properly signposted;

11. Alongside or opposite any street excavation or obstruction when stopping,   standing or parking would obstruct traffic;	
12.  On the roadway side of any vehicle stopped or parked at the edge or curb    of a street;

	13.   Upon any bridge or other elevated structure upon a 
		   highway or within a highway tunnel; or
				
	14.   At any place where official signs prohibit stopping.

	15.   Within (15) feet of the corner or curb corner of 
		   any intersecting street, road, highway or alley.

16.    In front of a residential sidewalk so as to block the area where a     walkway   intersects and extends from the curb toward the entrance of a     residence.

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

	9-10-50	Additional Parking Regulations
The provisions of North Dakota Century Code Section 39-10-50 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with 
the right-hand wheels of such vehicle parallel to and within twelve (12) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

	2.	Except where otherwise provided by ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve (12) inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

	3.	The city may permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway without first obtaining the written authorization of the State Director.

	4.	The State Highway Department with respect to highways under its jurisdiction may place official traffic-control devices prohibiting or restricting 
the stopping, standing or parking of vehicles on any highway where in its opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon.  No person shall stop, stand or park any vehicle in violation of the restrictions indicated by such devices.

	9-10-51   Unattended Motor Vehicle   The provisions of North Dakota Century Code Section 39-10-51 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, effectively setting the brake thereon, and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

	9-10-51.1   Parking Violations - Lessor Responsibility   The registered owner of a motor vehicle stopped, standing or parked in violation of this chapter or section 9-01-15 or an equivalent ordinance is not responsible for the violation if the owner furnishes an affidavit indicating that the vehicle was at the time of the violation in the care, custody, or control of another person pursuant to a lease or rental agreement.  The affidavit must contain the name, address, and operator's license number of the person to whom the vehicle was leased or rented at the time of the violation and must be submitted to the appropriate clerk of court within thirty days of notification to the owner of the violation.  The owner is responsible for the violation and the payment of any fees or fines if the affidavit is not submitted within the thirty-day period.

	9-10-52   Limitations on Backing   The provisions of North Dakota Century Code Section 39-10-52 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

	2.	The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

	9-10-52.1   Driving Upon Sidewalk   No person may drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.

	9-10-54   Obstruction to Driver's View or Driving Mechanism   The provisions of North Dakota Century Code Section 39-10-54 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	1.	No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

	2.	No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

	9-10-54.1	Opening and Closing Vehicle Doors
The provisions of North Dakota Century Code Section 39-10-54.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

	9-10-56   Coasting Prohibited   The provisions of North Dakota Century Code Section 39-10-56 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.

	2.	The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged.

	9-10-57	Following Fire Apparatus Prohibited
The provisions of North Dakota Century Code Section 39-10-57 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or stop such vehicle within five hundred (500) feet of any fire apparatus stopped in answer to a fire alarm.

	9-10-58   Crossing Fire Hose   The provisions of North Dakota Century Code Section 39-10-58 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

	9-10-59   Garbage, Glass, etc., on Highways Prohibited   The provisions of North Dakota Century Code Section 39-10-59 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans rubbish, or any other substance likely to injure any person, animal or vehicle.

	2.	Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

	3.	Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

	9-10-64	Driving Through Safety Zone Prohibited
The provisions of North Dakota Century Code Section 39-10-64 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No vehicle shall at any time be driven through or within a safety zone.

	9-10-67   Moving Heavy Equipment at Railroad Grade Crossings   	The provisions of North Dakota Century Code Section 39-10-67 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or 
load clearance of less than one-half (½) inch per foot of the distance between any two adjacent axles or in any event of less than nine (9) inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
	
	2.	Before making any such crossing, the person operating, or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail or such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.

	3.	No such crossing shall be made when warning is given by automatic signal or crossing gates or flagman or otherwise of the immediate approach of a railroad train or car.  If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

	9-10-68	Stop When Traffic Obstructed
The provisions of the North Dakota Century Code Section 39-10-68 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.  No driver shall enter any intersection or a marked crosswalk or drive on to a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control signal indication to proceed.

	9-10-72   Driving Through Funeral or Other Procession   No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance.  This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

	9-10-72.1    Drivers in a Procession   Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

	9-10-72.2	Funeral Processions to be Identified
A funeral composed of a procession of vehicles shall be identified as such by headlights burning in daylight hours on all vehicles in the procession, or by such other methods as may be determined and designated by the Chief of Police.

	9-10-73   When Traffic Obstructed   No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without 
obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

	9-10-74   When Permits Required for Parades and Processions   No funeral, procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the Armed Forces of the United States, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.

	9-10-75   Use of Skateboards, Roller Blades, Roller Skates and other Similar Devices Restricted   No person upon roller skates, roller blades, skate board, toy vehicle, any coaster or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.  This section shall not apply upon any street while set aside as a play street as authorized herein.

ARTICLE 10.1	Regulations for Bicycles

	9-10.1-01	Effect of Regulations - Penalty

	1.	It is unlawful for any person to do any act forbidden or fail to perform any act required in this article.  Any person who violates any of the provisions of this article may be assessed a fee not to exceed Five and No/100 Dollars ($5.00)

	2.	The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this ordinance.

	3.	These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

	9-10.1-02   Traffic Ordinances Apply to Persons Riding Bicycles    	Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except as to special regulations in this article and except as to those provisions of this ordinance which by their nature can have no application.

	9-10.1-03	Riding on Bicycles - Motorized Bicycles

	1.	A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

	2.	No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

	9-10.1-04   Clinging to Vehicles   The provisions of North Dakota Century Code Section 39-10.4-04 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway, except a sled being pulled by a snowmobile.

	9-10.1-05	Riding on Roadways and Bicycle Paths
The provision of North Dakota Century Code Section 39-10.1-05 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

	2.	Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

	3.	Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

	9-10.1-06   Carrying Articles   The provisions of North Dakota Century Code Section 39-10.1-06 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The person operating a bicycle shall not carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

	9-10.1-07	Lamps and other Equipment on Bicycles
The provisions of North Dakota Century Code Section 39-10.1-07 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit  a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the motor vehicle department.  A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector.

	9-10.1-08	Point System Not Applicable	
The provisions of North Dakota Century Code Section 39-10.1-08 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any violation of the provisions of this article, or any moving violation as defined in Section 9.2010, or any nonmoving violation as defined in Section 9.2009 when committed on a bicycle as defined in Section 9.0101, is not  cause for the licensing authority to access points against the driving record of the violator pursuant to North Dakota Century Code Section 39-06.1-10.  Any other legally authorized penalty for a criminal traffic offense or noncriminal traffic violation is applicable to bicyclists.

	9-10.1-09	Obedience to Traffic Control Devices

	1.	Any person operating a bicycle shall obey the instructions of official traffic-control devices applicable to vehicles, unless otherwise directed by a police officer.

	2.	Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

	9-10.1-10	Use of Bicycle, Roller Skates, Roller Blades, Skate Boards, and Other Similar Devices on Sidewalks Restricted.

	1.	No person upon a bicycle, roller skates, roller blades, skate board or any coaster or similar device shall ride upon a sidewalk bordering a business establishment or upon any sidewalk within a business district.

	2.	The Chief of Police or authorized person may erect signs on any sidewalk or roadway prohibiting the riding of bicycles, roller skates, roller blades, skate boards, or other similar devises thereon by any person and when such signs are in place no person shall disobey the same.
	
	3.	Whenever any person upon a bicycle, roller skates, roller blades, skate boards, or other similar device riding upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

	9-10.1-11  Parking   No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the lease obstruction to pedestrian traffic.

	9-10.1-12   Cycle Racing Prohibited   It shall be unlawful for any persons to run or engage in or cause to be run or be engaged in any bicycle or motorcycle race on any street, alley, highway or public place within the city limits of the City of New Salem, except when officially sanctioned to do so and supervised by the Chief of Police of the city.

	9-10.1-13   License Required   No bicycle shall be operated within the City of New Salem without first obtaining a license to operate the same and the payment of the annual license fee.

	9-10.1-14   License Application   Application for a bicycle license and license plate shall be made upon a form provided by the city and shall be made to the City Auditor.  An annual fee of One and No/100 Dollars ($1.00) shall be paid to the city before each license, or renewal thereof, is granted for a bicycle.  All licenses are due January 1st of each year and delinquent March 1st of each year.  The owner of a bicycle purchased after March 1st of any year shall apply 
for a license within fifteen (15) days from the date of purchase.  Failure to pay license fee within the time prescribed in this section subjects the owner to a penalty of fifty cents ($.50) or the taking up of the bicycle, which may be held until license fee and penalty are paid.

	9-10.1-15	Issuance of License

	1.	The City Auditor, upon receiving proper application therefore, is authorized to issue a bicycle license which shall be effective until the next succeeding first day of January, regardless of the time of issuance.

	2.	The City Auditor shall not issue a license for any bicycle when he knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of such bicycle.

	3.	The City Auditor shall keep a record of the number of each license, the date issued, the name and the number on the frame of the bicycle for which issued; and a record of all bicycle license fees collected by him.

	9-10.1-16   Renewal of License   Upon the expiration of any license, the same may be renewed upon application and payment of the same fee as upon an original application.

	9-10.1-17   Revocation of License   The Municipal Judge of the City of New Salem, upon application of the Chief of Police, may revoke any license issued hereunder, after hearing thereon, notice of which hearing shall be given to the licensee at least two (2) days before such hearing; and such notice to be served in the manner provided for the service of a Summons in the Justice Court of the State of North Dakota; and such license may be revoked for any fraud or false representation in obtaining the same, for any violation of terms of this 
ordinance and for the violation of any ordinance of this city or the laws of the State of North Dakota.

	9-10.1-18   Transfers   It shall be the duty of any person who sells or transfers any bicycle licensed hereunder, to report the sale or transfer to the City Auditor within five (5) days after such sale or transfer, giving the name and address of the person to whom said bicycle was sold or transferred, together with the frame number, the name of the maker of said bicycle, and the date of the transfer or sale; and the purchaser or transferee shall, within five (5) days after such transfer, procure a license to operate such bicycle.

	9-10.1-19   Manner of Parking - Impoundment - Redemption   All bicycles operated in the business area of the City of New Salem shall be parked in the bicycle parking racks provided therefore and not upon any sidewalk.  Bicycles operated in the residential area shall not be parked on any sidewalk.  All bicycles found parked upon any sidewalk in the city shall be subject to impoundment by the Police Department and redemption of said bicycle may not be had until the owner thereof has paid a redemption for which shall be determined by the Chief of Police.

	9-10.1-20	Bicycle may be Impounded by Police
Any bicycle left abandoned upon the streets of the City of New Salem and picked up by the city police shall be held by the Police Department and a Five and No/100 Dollar ($5.00) 
pick up fee shall be charged.  If not licensed, the owner shall purchase a current year's license in addition to the Five and No/100 Dollar ($5.00) fee before the bicycle is returned to the owner.

ARTICLE 10.2	Motorcycles

	9-10.2-01  Traffic Laws Apply to Persons Operating Motorcycles or Motorized Bicycles  The provisions of North Dakota Century Code Section 39-10.2-01 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Every person operating a motorcycle or motorized bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this chapter and except as to those provisions of these ordinances which by their nature can have no application.  For purposes of this chapter, the term "motorcycle" means motorcycles and motorized bicycles.

	9-10.2-02   Riding on Motorcycles   The provisions of North Dakota Century Code Section 39-10.2-02 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
	1.	A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

	2.	A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

	3.	No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.

	4.	No operator shall carry any person, nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

	9-10.2-03   Operating Motorcycles on Roadways Laned for Traffic   	The provisions of North Dakota Century Code Section 39-10.2-03 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	All motorcycles are entitled to the full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.  This subsection shall not apply to the operation of motorcycles two abreast in a single lane as authorized in subsection 4.

	2.	The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

	3.	No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicle.

	4.	Motorcycles shall not be operated more than two abreast in a single lane.

	5.	Subsection 2 and 3 shall not apply to police officers in the performance of their official duties.

	9-10.2-04	Clinging to Other Vehicles	
The provisions of North Dakota Century Code Section 39-10.2-04 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway.

	9-10.2-05   Footrests   The provisions of North Dakota Century Code Section 39-10.2-05 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passengers.

	9-10.2-06	Equipment for Motorcycle Riders
The provisions of North Dakota Century Code Section 39-10.2-06 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

	1.	No person under the age of eighteen years shall operate or ride upon a motorcycle unless protective headgear, which complies with standards established by the motor vehicle department, is being worn on the head of the operator and rider, except when participating in a lawful parade.  If the operator of a motorcycle is required to wear protective headgear, any passenger must also wear protective headgear regardless of the age of the passenger.

	2.	This section shall not apply to persons riding within an enclosed cab or on a golf cart.

	3.	No person shall operate a motorcycle if a person under the age of eighteen (18) years is a passenger upon that motorcycle and is not wearing protective headgear as provided in subsection 1.

	9-10.2-07   Other Applicable Law   The provisions of North Dakota Century Code Section 39-10.2-07 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

ARTICLE 11	Left open

ARTICLE 12	Width, Height and Load Restrictions

	9-12-01   Load Restrictions upon Vehicles Using Certain Roadways   	When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the maximum indicated weight at any time upon any street or part of a street so designated.

	9-12-02   Commercial Vehicles Prohibited from Using Certain Streets    	When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding the maximum indicated gross weight at any time upon any street or part of a street so designated except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise and then only by entering such street at the intersection nearest the designation of the vehicle and proceeding thereon no farther than the nearest intersection thereafter.
	9-12-03   Size Restrictions upon Vehicles Using Certain Highways   	When signs are erected giving notice thereof, no person shall operate any vehicle exceeding the dimensions specified by such sign or signs at any time upon any street or part of a street so designated.

	9-12-04	Restrictions Upon Use of Streets by Certain Vehicles

	1.	The City Traffic Engineer or authorized person may determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by motor-driven cycles, bicycles, horsedrawn vehicles or other non-motorized traffic and shall erect appropriate signs giving notice thereof.

	2.	When signs are so erected giving notice thereof, no person shall disobey the restrictions stated on such signs.

	9-12-05   Peace Officers May Weigh Vehicle to Determine Load   Every police officer, including members of the state highway patrol, having reason to believe that the weight of a vehicle and the load carried thereon is unlawful, may weigh such vehicle and load or have the same weighed either by means of portable or stationary scales, and for that purpose he may require the vehicle to be driven to the nearest scales.  Such officer may require the driver of such vehicle immediately to unload such portion of the load as may be necessary to decrease the gross weight to the maximum allowed by the provisions of the chapter.

ARTICLE 13	Traffic Signs

	9-13-01   Signs   All traffic control devices shall conform to the state manual and specifications.

	9-13-02   Authority to Install   The City Engineer or any person authorized by the governing body shall place and maintain traffic-control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law, or to guide or warn traffic.

	9-13-03   Specifications for   All traffic-control signs, signals, and devices shall conform to the specifications approved by the State Highway Commissioner pursuant to NDCC Section 39-13-06.  All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city.  All traffic-control devices so erected and not inconsistent with the provisions of state law or this article shall be official traffic-control devices.

	9-13-04	Designation of Walks, Lanes, etc.
The City Engineer or any person when authorized by the governing body:

	1.	Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where there is particular danger to pedestrians crossing the roadway, and at such other places as directed by the governing body.

	2.	Establish safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians as determined by the governing body.

	3.	Mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.  Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement or performing other lawful traffic movements.

ARTICLE 14	Left open

ARTICLE 15	Left open

ARTICLE 16	Left open

ARTICLE 17	Left open

ARTICLE 18	Left open

ARTICLE 19	Left open

ARTICLE 20	Left open

ARTICLE 21	Equipment of Vehicles

	9-21-01	When Lighted Lamps are Required - Penalty
Subject to exceptions with respect to parked vehicles, every vehicle upon a highway within this state must display lighted lamps and illuminating devices as required in this chapter for different classes of vehicles as follows:

	1.	At any time from sunset to sunrise, and every farm tractor upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise;

	2.	At any time when it is raining, snowing, sleeting, or hailing or during other adverse driving conditions and these conditions do not render a person or vehicle on the highway clearly discernible at a distance of one thousand feet (304.8 meters) ahead; or

	3.	At any other time when visibility is impaired by weather, smoke, fog or other conditions, or when there is insufficient light to render a person or vehicle on the highway clearly discernible at a distance of one thousand feet (304.8 meters) ahead.

Stoplights, turn signals, and other signaling devices must be lighted as prescribed for the use of such devices.

	9-21-03	Headlamps on Motor Vehicle

	1.	Every motor vehicle must be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps must comply with the requirements and limitations set forth in this chapter.

	2.	Every headlamp upon every motor vehicle must be located at a height measured from the center of the headlamp of not more than fifty-four inches (137.16 centimeters) nor less than twenty-four inches (60.96 centimeters) to be measured as set forth in subsection 2 of section 9-21-02.

	9-21-04	Taillamps

1.	Every motor vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is being drawn 
at the end of a train of vehicles, must be equipped with at least one taillamp mounted on the rear, which, when lighted as hereinbefore required, must emit a red light plainly visible from a distance of one thousand feet (304.8 meters) to the rear, provided that in the case of a train of vehicles only the taillamps on the rearmost vehicle need actually be seen from the distance specified.  Every such above-
mentioned vehicle, other than a truck, tractor, registered in this state and manufactured or assembled after January 1, 1964, must be equipped with at least two taillamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as herein required, comply with the provisions of this section.

1.	Every taillamp upon every vehicle must be located at a height of not more than seventy-two inches (182.88 centimeters) nor less than fifteen inches (38.1 centimeters).

1.	Either a taillamp or a separate lamp must be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet (15.24 meters) to the rear.  Any taillamp or taillamps, together with any separate lamp for illuminating the rear registration plate, must be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
								
	9-21-05	New Motor Vehicle to be Equipped with Reflectors

1.	Every new motor vehicle hereafter sold and operated upon a highway other than a truck tractor must carry on the rear, either as a part of the taillamps or separately, two or more red reflectors, meeting the requirements of this section, except that vehicles of the type mentioned in section 9-21-08 must be equipped with reflectors as required in applicable sections.
			
1.	Every such reflector must be mounted on the vehicle at a height not less than fifteen inches (38.1 centimeters) nor more than sixty inches (152.4 centimeters) measured as set forth in subsection 2 
of section 9-21-02, and must be of size and characteristics and so mounted as to be visible as required in section 9-21-11.

	9-21-06	Stop Lamps and Turn Signals Required

	1.	No person may sell or offer for sale or operate on the highways any motor vehicle  registered in this state and manufactured or assembled after January 1, 1964, unless it is equipped with at least two stop lamps meeting the requirements of section 9-21-19, except that a truck tractor manufactured or assembled after January 1, 1964, must be equipped with at least one stop lamp meeting the requirements of section 9-21-19.

	2.	No person may sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1952, unless it is equipped with electrical turn signals in good working order, meeting the requirements of section 9-21-19. this subsection does not apply to any trailer or semitrailer of less than three thousand pounds gross weight.

	9-21-06.1	Additional Lighting Equipment

	1.	Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps, but the backup lamp or lamps may not be lighted when the vehicle is in a forward motion.

	2.	Any vehicle may be equipped with one or more side marker lamps which may be flashed in conjunction with turn signals or vehicular hazard warning signals.

	9-21-07	Application of Succeeding Sections
Those sections of this chapter which follow immediately, including sections 9-21-08, 9-21-09, 9-21-10, 9-21-11, and 9-21-12, relating to clearance and marker lamps reflectors, and stoplights, apply as stated in said sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors, and certain trailers, semitrailer and pole trailers, respectively, when operated upon any highway, and said vehicles must be equipped as required and all lamp equipment required must be lighted at the times mentioned in section 9-21-01, except that clearance and side marker lamps need not be lighted on any said vehicle when operated within any municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet (152.4 meters).

	9-21-08   Additional Equipment required on Certain Vehicles   In addition to other equipment required in this chapter, the following vehicles must be equipped as herein stated under the conditions stated in section 9-21-07:

1.		On every bus, truck, trailer, or semitrailer there must be the following:

1.	On the rear, two reflectors, one at each side, and one stoplight.

1.	A trailer or semitrailer which is not so loaded or of such dimensions as to obscure the stoplight on the towing vehicle, need not be equipped with a stoplight.

1.	On every bus, truck, trailer, or semitrailer eighty inches (203.3 centimeters) or more in overall width there must be the following:

1.	On the rear, two reflectors, one at each side, two clearance lamps, one at each side, and one stoplight.

1.	On the front, two clearance lamps, one at each side.

1.	On every truck tractor there must be the following:

1.	On the front, two clearance lamps, one at each side.

1.	On the rear, one stoplight.
											
1.	On every pole trailer there must be the following:

1.	On the rear of the pole trailer or load, two reflectors, one at each side.

1.	In addition, on pole trailers exceeding three thousand pounds (1360.78 kilograms) gross weight, there must be on side one side marker lamp and one clearance lamp which may be in combination, to show to the front, side, and rear.

	9-21-09	Color of Clearance Lamps, Side Marker Lamps, Backup Lamps, and Reflectors

1.	Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle must display or reflect an amber color.

1.	Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle must display or reflect a red color.

1.	All lighting devices and reflectors mounted on the rear of any vehicle must display or reflect a red color, except that the light illuminating the license plate must be white and the light emitted by a backup lamp must be white or amber.

1.	Any person who violates this section must be assessed a fee of ten dollars for each offense.

	9-21-10	Mounting of Reflectors, Clearance Lamps, and Side Marker Lamps

a.		Reflectors when required by section 9-21-08 must be mounted at a height not less than fifteen inches (38.1 centimeters) and not higher than sixty inches (152.4 centimeters) above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than fifteen inches (38.1 centimeters) the reflector must be mounted as high as that part of the permanent structure will permit.  The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.  Any required red reflector on the rear of a vehicle may be incorporated with the taillamp but must meet all the other reflector requirements of this chapter.

b.	Clearance lamps must be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable.  Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
	9-21-11	Visibility of Reflectors, Clearance Lamps, and Marker Lamps

1.		Every reflector upon any vehicle referred to in section 9-21-08 must be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet (182.88 meters) to one hundred feet 30.48 meters) from the vehicle when directly in front of lawful lower beams of headlamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1970, must be measured in front of lawful upper beams of headlamps.  Reflectors required to be mounted on the sides of the vehicle must reflect the required color of light to the sides, and those mounted on the rear must reflect a red color to the rear.

1.		Front and rear clearance lamps must be capable of being seen and distinguished under normal atmospheric conditions at the ties lights are required at a distance of five hundred feet (152.4 meters) from the front and rear, respectively, of the vehicle.

1.		Side marker lamps must be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at distance of five hundred feet (152.4 meters) from the side of the vehicle on which mounted.

	9-21-12	Obstructed Lights Not Required
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but his does not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination must be lighted.

	9-21-13	Lamp or Flag on Projecting Load
Whenever the load upon any vehicle extends to the rear four feet (121.92 centimeters) or more beyond the bed or body of the vehicle there must be displayed at the extreme rear end of the load, at the times specified in section 9-21-01, a red light or lantern plainly visible from a distance of at least six hundred feet (182.88 meters) to the sides and rear.  The red light or lantern required under this section must be in addition to the red rear light required upon every vehicle.  At any other time there must be displayed at the extreme rear end of a load a red flag or cloth not less than twelve inches (30.48 centimeters) square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. 

	9-21-14 	Lamps on Parked Vehicle

	1.	Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the vent there is sufficient light to reveal any person or object within a distance of one thousand feet (304.8 meters) upon such street or highway no lights need be displayed.

	2.	Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of one thousand feet upon such highway, the vehicle must be equipped with at least one lamp displaying a white or amber light visible from a distance of one thousand feet to the front of the vehicle.  The same lamp or at least one other lamp must display a red light visible from a distance of one thousand feet to the rear of the vehicle, and the location of the lamp or lamps must always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.  Local authorities may 
provide by ordinance that no lights need be displayed upon any motor vehicle when parked upon a highway where the speed limit in effect does not exceed thirty miles per hour in accordance with local ordinances or where there is sufficient light to reveal any person within a distance of two hundred feet upon such highway.

	3.	Any lighted headlamps upon a parked vehicle must be depressed or dimmed.

	9-21-15	Lamps, Reflectors, and Reflective Materials on Farm Tractors, Farm Equipment, and Implements of Husbandry
Every farm tractor, self-propelled unit of farm equipment, or towed implement of husbandry, manufactured or assembled after January 1, 1980, must at all times, and every farm tractor, self propelled unit of farm equipment, or towed implement of husbandry must, when operated upon the highways of this state during the times mention in section 9-21-01, be equipped as follows:

2.	Tractors and self-propelled units of farm equipment must be equipped with two single-beam or multiple-beam headlamps meeting the requirements of section 9-21-20 or 9-21-22; provided, that a tractor or self-propelled unit of farm equipment which is not equipped with an electrical system must be equipped with at least one lamp displaying a white light visible when lighted from a distance of not less than one thousand feet (304.8 meters) to the front of the vehicle.  Every tractor and self propelled unit of farm equipment must be equipped with at least one lamp displaying a red light visible when lighted from a distance of one thousand feet (304.8 meters) to the rear of the vehicle.  

2.	In addition, every tractor and every self-propelled unit of farm equipment must be equipped with two red reflectors visible from all distances from six hundred feet (182.88 meters) to one hundred feet (30.48 meters) to the rear when directly in front of lawful lower beams of headlamps.

2.	Every towed unit of farm equipment or implement of husbandry must be equipped with at least one lamp displaying a red light visible when lighted from a distance of one thousand feet (304.8 meters) to the 
rear or two red reflectors visible from all distances within six hundred feet (182.88 meters) to one hundred feet (30.48 meters) to the rear when directly in front of lawful lower beams of headlamps.  In addition, if the extreme left projection of a towed unit of farm equipment or implement of husbandry extends beyond the extreme left projection of the towing tractor or vehicle, the unit or implement must be equipped with at least one amber lamp or reflector mounted to indicate as nearly as practicable the extreme left projection and visible from all distances within six hundred feet (182.88 meters) to one hundred feet (30.48 meters) to the front when illuminated by the lower beams of headlamps and at least one red lamp reflector so mounted and visible from the same distances to the rear.

The lamps and reflectors required by this section must be so positioned as to show from front and rear as nearly as practicable the extreme projection of the vehicle carrying them on the side of the roadway used in passing the vehicle.  If a farm tractor or a unit of farm equipment, whether self-propelled or towed, is equipped with two or more lamps or reflectors visible from the front or two or more lamps or reflectors visible from the rear, the lamps or reflectors must be so positioned that the extreme projections both to the left and the right of the vehicle must be indicated as nearly as is practicable.  If all other requirements are met, reflective tape or paint may be used in lieu of the reflectors required in subsection 2.

	9-21-16	Lamps on Other Vehicles and Equipment
Every vehicle, including animal-drawn vehicles and vehicles referred to in subsection 3 of section 9-21-46 not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, must at all times specified in section 9-21-01 be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front of the vehicle, and must also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of the vehicle, or two red reflectors visible for distances of one hundred feet to six hundred feet to the rear when illuminated by the lower beams of headlamps.

	9-21-17	Spot Lamps and Auxiliary Lamps
Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp must be so aimed and used so that no part of the high intensity portion will strike the windshield, or any windows, mirror, or occupant of another vehicle in use.

	9-21-19	Signal Lamps and Signal Devices

	1.	Any motor vehicle may be equipped and, when required under this chapter, must be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red light visible from a distance of not less than three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may, but need not, be incorporated with one or more other rear lamps.

	2.	Any motor vehicle may be equipped and when required under this chapter must be equipped with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right of left.  The lamps showing to the front must be located on the same level and as widely spaced laterally as practicable and when in use display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than three hundred feet to the front in normal sunlight, and the lamps showing to the rear must be located at the same level and as widely spaced laterally as practicable and when is use display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than three hundred feet to the rear in normal sunlight.  Any motor vehicle or combination of 
vehicles eighty inches or more in overall width, and manufactured or assembled after January 1964, must be equipped with the lamps required by this subsection mounted and spaced in the same manner but visible from a distance of not less than five hundred feet to the front and rear in normal sunlight.  When actuated the lamps must indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made.  Turn signal lamps may, but need not, be incorporated in other lamps on the vehicle.

	3.	No stop lamp or signal lamp may project a glaring light.

	9-21-21	Use of Multiple-beam Road-lighting Equipment	
	Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 9-21-01, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations.

	1.	Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver  The lowermost distribution of light, or composite beam, specified in subsection 2 of section 9-21-20 must 

be deemed to avoid glare at all times, regardless of road contour and loading.

	2.	Whenever the driver of a vehicle follows another vehicle within three hundred to the rear, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection 1 of section 9-21-20.

	9-21-25	Number of Driving Lamps Required or Permitted
	
	1.	At all times specified in section 9-21-01 at least two lighted lamps must be displayed, one on each side at the front of every motor vehicle, except when a vehicle is parked subject to the regulations governing lights on parked vehicles.

	2.	Whenever a motor vehicle equipped with headlamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candle power, not more than a total of four of any such lamps on the front of a vehicle
may be lighted at any one time when upon a highway.

	9-21-26	Special Restrictions on Lamps

	1.	Any lighted lamp or illuminating device upon a motor vehicle, other than headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and schoolbus warning lamps, which projects a beam of light of an intensity greater than three hundred candle power must be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

	2.	No person may drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red or green light visible from directly in front of the center thereof.  This section does not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this chapter.

	3.	Flashing lights are prohibited except on an authorized emergency vehicle, schoolbus, snow-removal equipment or an any vehicle as a means of indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing.

	9-21-32	Brake Equipment Required
	
	1.	Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway, must be equipped with brakes adequate to control the movement 
of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means must be effective to apply the brakes to at least two wheels.  If these two separate means of applying the brakes are connected in any way, they must be so constructed that failure of any one part of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels.

	2.	Every farm tractor, motorcycle, and motor-drive cycle, when operated upon a highway, must be equipped with at least one brake, which may be operated by hand or foot.

	3.	Every trailer or semitrailer when operated upon a highway at a speed in excess of twenty-five miles per hour must be equipped with safety chains or brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle
from its cab, and said brakes must be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes are automatically applied.

	4.	One of the means of brake operation must be parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material.  The parking brakes must be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means.  Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.  The parking brakes must be so designed that when once applied they remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.  The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors, and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be sued for both the service brakes and the parking brakes.

	9-21-36	Horn and Warning Device

	1.	While being operated upon a highway, every motor vehicle must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device may emit an unreasonably loud or harsh sound or a whistle.  Whenever reasonably necessary for safe operation, the driver of a motor vehicle upon a highway shall give audible warning with his horn, but may not otherwise use his horn while upon a highway.

	2.	No vehicle may be equipped with nor may any person use upon a vehicle any sire, whistle, or bell, except as otherwise permitted in this section.

	3.	Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

	4.	Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type approved by the department, but the siren may not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of approaching vehicles.

	9-21-37	Muffler Required

	1.	Every motor vehicle must at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person may use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

	2.	The engine and power mechanism of every motor vehicle must be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

	9-21-38  Mirror          On and after January 1, 1964, every motor vehicle, operated singly or when towing any other vehicle, must be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such motor vehicle.

	9-21-39	Windshield - Must be Unobstructed and Equipped with Wipers - Tinted Windows

	1.	Every motor vehicle shall be equipped with a windshield.  No person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield, side wings, or side or rear windows which obstructs the driver's clear view of the highway or any intersection highway.

	2.	The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which shall be so constructed as to be controlled or operated by the driver of the vehicle.

	3.	Every windshield wiper upon a motor vehicle shall be maintained in good working order.

	4.	A person may not operate a motor vehicle with any object, material, or tinting displayed, affixed, or applied on the front windshield or any window unless the object, material or tinting in conjunction with the window or windshield upon which it is displayed, affixed, or applied has a light transmittance of at least seventy percent.  This subsection does not 
apply to windows behind the operator if the motor vehicle is equipped with outside mirrors on both sides that meet the requirements of section 9-21-38, nor to front side windows displaying transparent sunscreening material as authorized by competent medical authority.
  	
	9-21-40	Restrictions as to Tire Equipment

	1.	Every solid rubber tire on a vehicle must have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

	2.	No person may operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.

	3.	No tire on a vehicle moved on a highway may have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it is permissible to use tire chains of reasonable proportions.  It is also permissible to use, from October fifteenth to April fifteenth, pneumatic tires which have metal studs which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire, except that it is permissible to use such tires on school buses at any time during the year.

	9-21-41.1	Safety Belts

a.		Every passenger car manufactured or assembled after January 1, 1965, must be equipped with lapbelt assemblies for use in the driver’s and one other front seating position.

a.		All motor vehicles manufactured after January 1, 1968, must be equipped with any lapbelt or shoulder belt required at the time the vehicle was manufactured by standards of the United States department of transportation.  Nothing in this subsection affects the requirement in subsection 1 for a lapbelt in the driver’s seating position.

a.		The department may except specified types of motor vehicles or seating positions within any motor vehicle from the requirements imposed by subsections 1 and 2 when compliance would be impractical.

a.		No person may install, distribute, have for sale, offer for sale, or sell and belt for use in motor vehicles unless it meets current minimum standards and specifications of the United States department of transportation.

a.		Every owner shall maintain belts and assemblies required by this section in proper condition and in a manner that will enable occupants to use them.

	9-21-41.2	Child Restraint Devices - Penalty - Evidence

	1.	If a child, under four years of age, is present in any motor vehicle, that motor vehicle must be equipped with at least one (1) child restraint system for each such child.  The child restraint system must meet the standards adopted by the United States Department of Transportation for those systems (49 CFR 571.213).  While the motor vehicle is in motion, each such child must be properly secured in the child restraint system in accordance with the manufacturer's instructions.  While the motor vehicle is moving, each child of four through seventeen years of age who is in the motor vehicle must be in an approved child restraint system in accordance with the manufacturer’s instructions or correctly buckled in a seatbelt.  Use of child restraint systems and seatbelts is not required in motor vehicles that were not equipped with seatbelts when manufactured. If all of the seatbelts are used by other family members in the vehicle or if a child is being transported in an emergency situation, this section does not apply.

	2.	Violation of this section is not, in itself, evidence of negligence.  The fact of a violation of this section is not admissible in any proceeding other than one charging the violation.

	9-21-44.1Vehicle to be Constructed to Prevent Sifting or Leaking Loads

		No vehicle may be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.  No person may operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

	9-21-44.2    Drawbar or Connection Between Vehicles - Precautions Required	The drawbar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall be of such design, strength and construction so as to prevent the unintentional uncoupling of the vehicles.

	9-21-45.1	Modification of Motor Vehicle
Except as otherwise provided in this section, a person may not operate upon a public highway a motor vehicle of a type required to be registered under the laws of this state with a weight of seven thousand pounds (3175.14 kilograms) or less with alterations or changes from the manufacturer’s original design of the suspension, steering, or braking system of the motor vehicle.  The weight must be computed on the basis of the unmodified and unloaded weight of the motor vehicle and without regard to any ballast that may be placed in the vehicle.  As to bumper, motor vehicle height, and permitted modifications, the following requirements also apply:

2.	The motor vehicle must be equipped with front and rear bumpers. 

2.	The maximum body height permitted for the motor vehicle is forty-two inches (06.68 centimeters).  Measurement of body height is made from a level ground surface to the floor of the cargo area.

2.	The maximum bumper height permitted is twenty-seven inches (68.58 centimeters).  Measurement of bumper height is made from a level ground surface to the highest point on the bottom of the bumper.

2.	The vehicle may be modified in accordance with the following:

a.	Any modifying equipment must meet specialty equipment marketing association standards.

a.	If tires placed on a motor vehicle have a diameter greater than that of the tires on the motor vehicle as manufactured, those tires must comply with department of transportation requirements.

a.	The maximum outside diameter permitted for tires is forty-four inches (111.76 centimeters).

a.	A horizontal drop bumper may be used to comply with the bumper height requirement of subsection 3.  The horizontal bumper must:

a.	Be at least three inches (7.62 centimeters) in vertical width;

a.	Extend the entire horizontal body width; and

a.	Be horizontal, load bearing, and attached to the vehicle frame to effectively transfer impact when engaged. 

	  e.        The maximum lift permitted in the suspension system is four inches (10.6 centimeters).

	  f.        Person charged with violating this section has the burden of proceeding to show that the modifications are permitted under this section.

        g.         Vehicles owned by law enforcement agencies, the military, firefighting agencies, and ambulances may be modified without regard to this section.

2.	The director may adopt rules to implement this section.
 
	9-21-50	Slow Moving Vehicles Required to Display Identification Emblem - Penalty
All implements of husbandry, as defined in section 9-01-01, and machinery, including all road construction machinery, designed for operation at a speed of twenty-five miles an hour or less, must display either a triangular slow-moving vehicle emblem or a rotating or flashing amber light, as authorized for class B emergency vehicles, whenever traveling along the roadway on any county, state, federal highway, or city street in the state of North Dakota.  The emblem or light must be mounted so as to be visible from a distance of not less than five hundred feet to the rear.  The commissioner shall adopt standards and specifications for the design and position of mounting the slow-moving vehicle emblem and light.  The standards and specifications for slow-moving vehicle emblems referred to in this section must correlate with and, so far as possible, conform with those approved by the American society of agricultural engineers.  No vehicle, other than those specified in this section, must display a slow-moving vehicle emblem, and its use on any type of stationary object is prohibited.  Any person who fails or refuses to comply with the provisions
of this section must be assessed a fee of twenty dollars ($20.00).

ARTICLE 22	Repealed

ARTICLE 23	Repealed

ARTICLE 24	Regulations and Registration of Snowmobiles

	9-24-01 	Definitions		

For the purposes of this chapter:

	1.	"Dealer means every person, partnership, corporation, or limited liability company engaged in the business of buying, selling, or exchanging snowmobiles, or who advertises, or holds himself out to the public as engaged in the buying, selling, or exchanging of snowmobiles, or who engages in the buying of snowmobiles for resale.

	2.	"Operate" means to ride in or on and control the operation of a snowmobile.

	3.	"Operator" means every person who operates or is in actual physical control of a snowmobile.

	4.	"Owner" means a person, other than a lienholder, having the property in or title to a snowmobile entitled to the use or possession thereof.

	5.	"Person" includes an individual, partnership, corporation, limited liability company, association, the state and its departments, agencies, and political subdivisions, and any body of persons, whether incorporated or not.

	6.	"Register" means the act of assigning a registration number to a snowmobile.

	7.	"Registrar" means the director of the department of transportation of this state as provided in section 24-02-01.3.
	
	8.	"Roadway" means that portion of the highway improved, designed, or ordinarily used for vehicular travel.

	9.	"Snowmobile" means a self-propelled vehicle designed for travel on snow, ice, or a natural terrain and steered by skis or runners.

	9-24-02	Snowmobile Registration 	

	Except as provided for, no person may operate any snowmobile within the city limits unless it has been registered in accordance with Chapter 9-24 of the North Dakota Century Code.

	9-24-08	Prohibited from Operation Within City Limits		

	Pursuant to this code and this chapter, rules and regulations for the regulation and use of snowmobiles must be adopted as follows:

	1.	The registrar shall promulgate rules and regulations for the registration of snowmobiles and display of registration numbers.

	2.	The commissioner has the authority in the interest of public health, welfare, and safety to regulate, restrict, or prohibit, by rule or regulation, the operation of snowmobiles on those highways under his jurisdiction.  The commissioner's authority to prohibit the use of snowmobiles is limited to the roadways, shoulders, inslopes, and medians within the right of way, except where such action is necessary to avoid an obstacle.  Notwithstanding the racing prohibitions in section 9-08-03.1, the commissioner may, on a case by case basis, permit organized and bona fide snowmobile races on the ditch bottoms, backslopes, and the top of the backslopes of the highway rights of way under his jurisdiction.  The planning, organization, route selection, and safety precautions of any such race are the sole responsibility of the permittee.  It is expressly provided that the commissioner, and the department and the employees thereof, shall incur no liability whatsoever for permitting such races.

	3.	The director of the parks and recreation department shall adopt rules for regulating use of snowmobiles in state parks and other state-owned land under the supervision of the director.

	4.	The governing bodies of political subdivisions shall promulgate rules and regulations for regulating use of snowmobiles in recreation and other appropriate areas under their jurisdiction.  The governing bodies of cities may, by ordinance, regulate, restrict and prohibit the use of snowmobiles when operated with the exclusive jurisdiction of cities.

	9-24-09	Rules for Operation of Snowmobile

	1.	No person may operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any road, street, or highway in this state except as provided pursuant to this chapter. 

	2.	A snowmobile may make a direct crossing of a street or highway provided:

		a.	The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

			b.	The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

			c.	The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and

			d.	In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

	3.	No snowmobile may be operated unless it is equipped with at least one headlamp, one taillamp, and brakes, all in working order, which conform to standards prescribed by rules of the Director pursuant to the authority vested in him by the North Dakota Century Code.

	4.	The emergency conditions under which a snowmobile may be operated other than as provided by this chapter must be such as to render the use of an automobile impractical under such conditions at such period of time and location.

	5.	It is unlawful for any person to drive or operate any snowmobile in the following ways which are declared to be unsafe and a public nuisance:

			a.	At a rate of speed greater than reasonable or proper under all the surrounding circumstances;

			b.	In a careless manner so as to endanger the person or property of another or to cause injury or damage to such person or property;

			c.	Without a lighted headlamp and taillamp when required for safety;

			d.	In any tree nursery or planting in a manner which damages or destroys growing stock;

			e.	Without a manufacturer-installed or equivalent muffler in good working order and connected to the snowmobile exhaust system;

	6.	It is unlawful for any person to operate a snowmobile pursuant to chapter 9-24 without having in possession a valid driver's license or permit, except as provided by section 9-24-09.1.

	7.	When snowmobiles are operated within the right of way of any road, street, or highway of this state pursuant to this chapter, during times or conditions that warrant the use of lights, such snowmobiles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right of way traveled by the snowmobile.
								
	8.	It is unlawful for any person to operate a snowmobile within a highway right of way as defined in subsection 38 of section 24-01-01.1 between April first and November first of any year.

	9.	No snowmobile may be operated at any time within the right of way of any highway within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or other vehicle is connected to the snowmobile by a hinged swivel and secure hitch.

	10.	No person under the age of eighteen may operate, ride, or otherwise be propelled on a snowmobile unless the person wears a safety helmet meeting United States department of transportation standards.

11 	It is unlawful for any person to operate a snowmobile on any public or private property within the city limits without permission from the property owner.

	9-24-09.1	Operation by Persons Under Age Sixteen
Except as otherwise provided in this section, it is unlawful for any person twelve years of age and over who has not reached sixteen years of age and who is not in possession of a valid driver's license or permit to operate a snowmobile, except upon the lands of the person's parent or guardian, unless and until the person has completed a snowmobile safety training course as prescribed by the director of the parks and outdoor recreation sites division pursuant to chapter 28-32 and has received the appropriate snowmobile safety certificate issued by the commissioner.  The failure of an operator exhibit a snowmobile safety certificate upon demand to any official authorized to enforce this chapter is presumptive evidence that the person is not the holder of the certificate.  Fees collected from each person receiving certification must be deposited into the snowmobile trail tax fund for purposes of establishing snowmobile safety programs.

	9-24-11     Penalties     Any person who violates subdivision c, or g of subsection 5 of section 9-24-09 is guilty of a Class B misdemeanor.  Any person who violates any other provision of section 9-24-09 must be assessed a fee of twenty dollars.  Any person, unless specifically exempted, who fails to register as required by section 9-24-02 must be assessed a fee of fifty dollars.  If the person provides proof of registration since the violation, the fee may be reduced by one-half.  Any person who violates any other provision of Article 24 for which a specific penalty is not provided must be assessed a fee of ten dollars.                                                      				
ARTICLE 25	Repealed
		
ARTICLE 26	Repealed
			
ARTICLE 27	Motorcycle Equipment
							
	9-27-01	Purpose	The provisions of North Dakota 
Century Code Section 9-27 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

It is the purpose of this chapter to establish performance and equipment requirements for the manufacture, sale and safe operation of a motorcycle upon public highways, and to furnish administrators with a guide for registration eligibility and continued conformity as related to motorcycles.

		9-27-02	Manufacturer's or Distributor's Certification

	1.	The manufacturer or distributor shall provide a certification of the fact that a motorcycle or class of motorcycles is designed and manufactured for use upon public highways and complies with the performance and equipment requirements of this chapter, and the rules and regulations promulgated hereunder.

	2.	The certificate shall be incorporated on the manufacturer's statement of origin (MSO) upon transfer of vehicle ownership.

	9-27-03	Frame-Chassis Requirements

	1.	The motorcycle frame-chassis, including the suspension components and engine mountings, shall be of substantial construction, capable of supporting the combined weight of all vehicle components and riders for which the vehicle is designed, and withstand normal road shocks and operational stresses without constituting a hazard to the riders or other users of the highway.

	2.	The wheel base shall not be less than forty (40) inches (101.6 centimeters).

	9-27-04	Brakes

	1.	Every motorcycle shall have either a split service brake system or two (2) independently actuated 
service brake systems in accordance with regulations promulgated by the registrar of motor vehicles pursuant to Chapter 38-32.  Brakes must act on the front and rear wheels.

	2.	Every motorcycle shall meet the requirements for brake system effectiveness, fade, and partial systems as specified in rules and regulations promulgated by the registrar of motor vehicles pursuant to Chapter 28-32.

	3.	All linkage, cables, pivots and bearings shall be free of excess (high) friction, with the front wheel brake cable so located and secured as not to become pinched between fork and frame members when wheel is turned completely to the right or left.

	4.	Brake actuating devices shall be in an accessible location, unencumbered by vehicle components, and so positioned that adequate leverage and safe operation is ensured.  Service brake system controls and operation requirements shall be in accordance with regulations promulgated by the registrar of motor vehicles pursuant to Chapter 28-32.  A suitable mechanism shall be provided for the purpose of automatically returning the actuating devices to normal position upon release.

	5.	Motorcycle brakes must be capable of being adjusted automatically or manually with means provided to prevent unintentional adjustment.

	6.	Each three-wheel motorcycle shall be equipped with a parking brake of a friction type with a solely mechanical means to retain engagement.

	9-27-04.1	Brakes on Motor-Driven Cycles
The department may require an inspection of the brake on any motor-driven cycle and may disapprove any brake which is not so designed or constructed as to ensure reasonable and reliable performance in actual use.

	9-27-05	Tires, Wheels and Rims

	1.	Motorcycle tires shall be of pneumatic design with a minimum width of two and twenty-five hundredths (2 25/100) inches (57.15 millimeters) designed for highway use.

	2.	Tires on two-wheel motorcycles and the front tire on a three-wheel motorcycle must have a load capacity rating at least equal to their respective gross axle weight ratings (GAWR).  Each tire on the rear axle of a three-wheel motorcycle must have a load capacity rating at least equal to one-half (½) the rear axle gross axle weight rating (GAWR).

	3.	Wheel rim diameters shall not be less than ten (10) inches (25.4 centimeters) and shall otherwise comply with applicable state standards, as promulgated by the registrar of motor vehicles.  Two-wheel motorcycles using low pressure tires are exempt from this subsection, if the inflated height of the tire is twenty (20) inches (508 millimeters) or greater.

	9-27-06	Steering and Suspension Systems

	1.	Motorcycle steering and suspension systems shall be designed and engineered to provide the operator with the means of safely controlling vehicle direction under all maneuvers required for normal and safe operation.

	2.	The rear wheel of a two-wheel motorcycle shall track behind a front wheel within one (1) inch (2.54 centimeters) with both wheels in a vertical plane when the vehicle is operating on a straight course.  On a three-wheel motorcycle, the two wheels mounted on the rear axle shall have a wheel track distance no less than thirty (30) inches (76.2 centimeters) and the mid-point of the rear wheel track distance shall be within one (1) inch (2.54 centimeters) of the front wheel track when the vehicle is proceeding on a straight course.  The vehicle shall be equipped with an adjustment feature that will provide proper wheel tracking.

	3.	The steering head shall be provided with a bearing or similar device that will allow the steering shaft to turn freely in rotational motion only.

	4.	All motorcycles, except three-wheel motorcycles, shall meet the following specifications in relationship to front wheel geometry:

			Maximum Rake:	45 degrees - Trail:  14 inches
								(35.56 centimeters) positive

			Minimum Rake:	20 degrees - Trail:   2 inches
								(5.08 centimeters) positive

Manufacturer's specifications shall include the specific rake and trail for each motorcycle or class of motorcycles and the terms "rake" and "trail" shall be defined by the registrar of motor vehicles by regulations promulgated pursuant to Chapter 28-32.

	5.	Handlebars shall be of sturdy construction, adequate in size to provide proper leverage for steering, and capable of withstanding a minimum force of one hundred (100) pounds (45.36 kilograms) applied to each handgrip in any direction.  Handlebar grips shall be located no more than fifteen (15) inches (38.1 centimeters) above the unoccupied seat with the handlebars located in a straight-ahead position and shall be capable of vertical adjustment.  The handlebars shall provide a minimum of eighteen (18) inches (45.72 centimeters) between grip after final assembly.

	6.	Handlebars shall be equipped with handgrips consisting of a material and surface patter to ensure firm, nonslip gripping for the driver.

	7.	Every motorcycle shall be equipped with a suspension system and such suspension system shall be applicable to at least the front wheel.  The suspension system shall be effective in reducing road shock and designed for the purpose of maximizing vehicle stability.

	9-27-07	Fuel Systems

	1.	All fuel system components, including the tank, pump, tubing, hoses, clamps, etc., shall be securely fastened to the motorcycle so as not to interfere with vehicle operation and be leakproof when the vehicle is in its normal operating attitude.

	2.	Fuel lines shall be positioned in a manner to prevent their contact with the engine head, manifold, exhaust system, or other high temperature surfaces, or moving components.  The fuel system shall be adequately vented and provided with a fuel shutoff valve located between the fuel supply and the engine.

	9-27-08	Exhaust Systems - Prevention of Noise  
Motorcycles shall be equipped with an exhaust system incorporating a muffler or other mechanical device for the purpose of effectively reducing engine noise.  Cutouts and bypasses in the exhaust system are prohibited.  The system shall be leakproof and all components shall be securely attached to the vehicle and located so as not to interfere with the operation of the motorcycle.  Shielding shall be provided to prevent inadvertent contact with the exhaust system by the operator or passenger during normal operation.  In addition, all motorcycles operating on streets and highways shall meet the noise decibel limitations as established by the Environmental Protection Agency.  No person shall sell, offer for sale, or install any noise suppressing system or device which will produce noise in excess of the maximum allowable decibel limitations of this section.

	9-27-09   Mirrors     Every motorcycle shall be equipped with at least one mirror of unit magnification, securely affixed to the handlebar and capable of adjustment within a range that will reflect an image that includes at least the horizon and the road surface to the rear of the motorcycle.  Such mirror shall consist of a minimum reflective surface of ten (10) square inches (64.52 square centimeters).  All mirrors shall not contain sharp edges or projections capable of producing injury.

	9-27-10     Fenders      Each wheel of a motorcycle shall be equipped with fenders or otherwise covered by the body configuration.  Fenders shall be securely mounted and of sufficient size and strength to minimize water or other road surface substances from coming in contact with the vehicle riders, or throwing the road substances unreasonably to the rear of the vehicle.  Fender design shall be effective in reducing side spray.

	9-27-11   Seat or Saddle     A seat or saddle securely attached to the vehicle shall be provided for the use of the operator.  The seat or saddle shall not be less than twenty-five (25) inches (63.5 centimeters) above a level road surface when measured to the lowest point on top of the seat or saddle cushion with the operator seated in a driving position.  The seat or saddle adjustment locking device shall prevent relative movement of the seat from its selected and secured position under all normal vehicle operating conditions.

	9-27-12   Chain Guard     Any drive chain on a motorcycle shall be equipped with a chain guard or covering device to prevent chain or chain sprocket contact with any rider.

	9-27-13   Vehicle Stand     All motorcycles designed with two wheels shall be equipped with a retracting vehicle stand to permit the vehicle to remain in an upright stored position without outside assistance.  The stand may be of a side or center type, and shall be of substantial construction to hold the vehicle so equipped.

	9-27-14   Glazing     When equipped, all motorcycle windscreens and windshields shall meet the following standards:

	1.	The glazing material shall comply with the standards promulgated by regulation of the registrar of motor vehicles.

	2.	The metal support shall be of a material which shall bend rather than fragment under impact.

	3.	Covering material, other than glazing, shall be beaded at the edges to prevent fraying.

	9-27-15   Horn     Every motorcycle shall be equipped with an operative horn in good working order as described by Subsection 1 of Section 9-21-36, North Dakota Century Code.  The horn shall operate from a control device located on the left handlebar.

	9-27-16    Speedometer and Odometer     Every motorcycle shall be equipped with a properly operating speedometer and odometer calibrated in miles (kilometers) per hour and miles (kilometers) respectively and shall be fully illuminated when the head lamp is activated.

	9-27-17	Lighting Equipment

	1.	Every motorcycle shall be equipped with lamps, reflective devices and associated equipment as required by and in compliance with standards promulgated by regulation of the registrar of motor vehicles.

	2.	A gearbox indicator light, if provided, shall be located within the operator's field of vision.

	3.	A headlamp beam indicator light shall be located within the operator's field of vision and illuminated automatically when the high beam of the  head lamp is actuated.

	9-27-17.1 Lighting Equipment on Motor-Driven Cycles     The head lamp or head lamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but no either event shall comply with the requirements and limitations as follows:

	1.	Every head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet (30.48 meters) when the motor-driven cycle is operated at any speed less than twenty-five (25) miles (40.23 kilometers) per hour and at a distance of not less than two hundred (200) feet (60.96 meters) when the motor-driven cycle is operated at a speed of twenty-five (25) or more miles (40.23 or more kilometers) per hour, and at a distance of not less than three hundred (300) feet (91.44 meters) when the motor-driven cycle is operated at a speed of thirty-five (35) miles (56.33 kilometers) per hour.

	2.	In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth in Subsection 1 of Section 9-21-20, North Dakota Century Code, and the lowermost beam shall meet the requirements applicable to the lowermost distribution of light as set forth in Subsection 2 of Section 9-21-20, North Dakota Century Code.

	3.	In the event the motor-driven cycle is equipped with a single-beam lamp or lamps the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five (25) feet (7.62 meters) ahead, shall project higher than the level of the center of the lamp from which it comes.

	9-27-18   Passenger Seat     Motorcycles designed to carry more than one person must be equipped with a securely mounted seat for each passenger located to the side or rear of the driver such that the passenger seat does not interfere with the driver's control or operation of the vehicle.  In the case of a two-wheel vehicle, the passenger seat shall be located on the longitudinal centerline of the motorcycle.

	9-27-19	Handhold - Repealed 

	9-27-20   Footrests     Footrests shall be provided for each designated seating position.  Each footrest for a passenger shall be so designed and constructed to support a static weight of two hundred fifty (250) pounds (113.40 kilograms) applied at the center of the foot pedal.  Footrests shall be so located to provide reasonable accessibility for the passenger's feet.  Footrests shall fold rearward or upward when not in use if the footrest protrudes beyond the width of the handlebars.

	9-27-21   Highway Bars     If a motorcycle is so equipped, highway bars shall have a maximum width of twenty-six (26) inches (66.04 centimeters); shall be located less than fifteen (15) inches (38.1 centimeters) from the foot controls; and shall not interfere with the operation of the foot controls.

	9-27-22   Equipment Approval     All motorcycle lighting devices, electrical systems, brake components, glazing materials and exhaust systems, incorporating a muffler or other mechanical exhaust device, required or optional, shall be approved by the department before they will be available for use within the state.
ARTICLE 28	Open

ARTICLE 29	All-Terrain Vehicles

	9-29-01	Definitions     As used in this chapter, unless the context otherwise requires:

	1.	"All-terrain vehicle" means any motorized off-highway vehicle fifty inches (1270.00 millimeters) or less in width, having a dry weight of one thousand pounds (453.59 kilograms) or less, traveling on three or more low-pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control.

	2.	"Dealer" means any person engaged in the business of buying, selling, or exchanging all-terrain vehicles or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of all-terrain vehicles, or who engages in the buying of all-terrain vehicles for resale.

	3.	"Operate" means to ride in or on and control the operation of an all-terrain vehicle.

	4.	"Operator" means a person who operates or is in actual physical control of an all-terrain vehicle.
	
	5.	"Owner" means a person, other than a lienholder, having the property in or title to an all-terrain vehicle and entitled to its use or possession.

	6.	"Register" means the act of assigning a registration number to an all-terrain vehicle.

	9-29-02	All-Terrain Vehicle Registration	
Except as provided for, no person may operate an all-terrain vehicle within the city limits unless it has been registered in accordance with Chapter 9-29 of the North Dakota Century Code.

	9-29-08   Prohibited from Operation Within City Limits     Rules for the regulation and use of all-terrain vehicles must be adopted as follows:

	1.	The department shall adopt rules for the registration of all-terrain vehicles and display of registration numbers.

	2.	The commissioner may, in the interest of public health, welfare and safety, regulate, by rule, the operation of all-terrain vehicles on state highways.  The commissioner's authority to prohibit the use of all-terrain vehicles is limited to the roadways, shoulders, inslopes, and medians within the right of way, except where such action is necessary to avoid an obstacle  Notwithstanding the racing prohibitions in section 9-08-03.1, the commissioner may, on a case-by-case basis, permit organized and bona fide all-terrain vehicle races on the ditch bottoms, backslopes, and the top of the backslopes of the state highway rights of way.  The planning, organization, route selection, and safety precautions of any such race are the sole responsibility of the person obtaining the permit.  The commissioner, the department, and the department's employees incur no liability for permitting such races.

	3.	The director of the parks and recreation department shall adopt rules to regulate use of all-terrain vehicles in state parks and other state-owned land under the supervision of the director.

	4.	The governing bodies of political subdivisions may adopt rules to regulate use of all-terrain vehicles in areas under their jurisdiction.  The governing body of a city may, by ordinance, regulate, restrict, and prohibit the use of all-terrain vehicles operated in the city limited in areas under the exclusive jurisdiction of the city.

	9-29-09	Operation of All-Terrain Vehicles

	1.	A person may not operate an all-terrain vehicle on the roadway, shoulder, or inside bank or slope of any road, street, or highway in this state except as provided in this chapter.  Except in emergencies, a person may not operate an all-terrain vehicle within the right of way of any controlled access highway.

	2.	The operator of an all-terrain vehicle may make a direct crossing of a street or highway only if:

		a.	The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

			b.	The all-terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

			c.	The operator yields the right of way to all oncoming traffic which constitutes an immediate hazard; and

			d.	In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

	3.	A person may not operate an all-terrain vehicle unless it is equipped with at least one headlamp, one taillamp, and brakes, all in working order, which conform to standards prescribed by rules of the director of transportation, except when under the direct supervision of an all-terrain vehicle instructor teaching a certified all-terrain vehicle safety training course, the requirement for a headlamp or taillamp may be waived.

	4.	The emergency conditions under which an all-terrain vehicle may be operated other than as provided by this chapter must be such as to render the use of an automobile impractical under such conditions at such period of time and location.

	5.	A person may not operate an all-terrain vehicle in the following ways, which are declared to be unsafe and a public nuisance:

			a.	At a rate of speed greater than reasonable or proper under all the surrounding circumstances;

			b.	In a careless manner so as to endanger the person or property of another or to cause injury or damage to such person or property;

			c.	Without a lighted headlamp and taillamp except when used by an all-terrain vehicle instructor during a certified all-terrain vehicle safety training course;

			d.	In any tree nursery or planting in a manner which damages or destroys growing stock;

			e.	Without a manufacturer-installed or equivalent muffler in good working order and connected to the snowmobile exhaust system;

	6.	Except as provided in section 9-29-10, a person may not operate an all-terrain vehicle without having in possession a valid driver's license or permit.

	7.	When an all-terrain vehicle is operated within the right of way of any road, street, or highway of this state pursuant to this chapter, during times or conditions that warrant the use of lights, such all-terrain vehicle must be operated in the same direction as the direction of other motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right of way traveled by the all-terrain vehicle.

	8.	A person may not operate an all-terrain vehicle within the right of way of any highway while towing a sled, skid, or other vehicle, unless the object towed is connected to the all-terrain vehicle by a hinged swivel and secure hitch.

	9.	Helmet required.  No person under the age of eighteen may operate, ride or otherwise be propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States department of transportation standards.

	10.	Passenger restrictions.  No operator of an all-terrain vehicle may carry a passenger while operating.

	11.	It is unlawful for any person to operate a all-terrain vehicle on any public or private property within the city limits without permission from the property owner.

	9-29-10	Operations by Persons Under Age Sixteen
	Except as otherwise provided in this section, a person under sixteen years of age who is not in possession of a valid operator's license or permit to operate an all-terrain vehicle may not, except upon the lands of the person's parent or guardian, operate an all-terrain vehicle.  A person at least twelve years of age may operate an all-terrain vehicle if the person has completed an all-terrain vehicle safety training course prescribed by the director of the parks and recreation department and has received the appropriate all-terrain vehicle safety certificate issued by the commissioner.  The failure of an operator to exhibit an all-terrain vehicle safety certificate on demand to any official authorized to enforce this chapter is presumptive evidence that person does not hold such a certificate.  Fees collected from each person receiving certification must be deposited in the all-terrain vehicle trail tax fund for all-terrain vehicle safety education and training programs.

	9-29-12    Penalties     Violation of subdivision c or g of subsection 5 of section 9-29-09 is an infraction for which a fee of twenty dollars ($20.00) must be a assessed,  Violation of section 9-29-02 is an infraction for which a fee of fifty dollars ($50.00) must be assessed.  If the person provides proof of registration since the violation, the fee may be reduced by one-half.  Violation of any other provision of Article 29 is an infraction for which a fee of ten dollars ($10.00) must be assessed.

ARTICLE 31	Stopping, Standing or Parking Prohibited in Specific Places

	9-31-01	Parking Prohibited - All Times

	When signs are erected giving notice thereof, it shall be unlawful for any person, firm or corporation to park or leave standing either attended or unattended, any motor vehicle in or upon the streets or alleys of the City of New Salem.

	9-31-02   Stopping - Parking - Certain Purposes Prohibited      No person shall park a vehicle upon any roadway for the principal purpose of:

	1.	Displaying such vehicle for sale;

	2.	Washing, greasing or repairing such vehicle except repairing such vehicle necessitated by an emergency.

	9-31-03   Stopping - Parking - Congested - Hazardous Places      The City Engineer or other person designated by the governing body is hereby authorized to determine and designate by proper signs, places in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.

	9-31-04	Stopping - Parking - In Alleys
	No person shall park a vehicle within an alley, nor shall he stop a commercial vehicle so as to leave available less than twelve (12) feet of the width thereof for free movement of vehicular traffic, nor shall he stop in such a position as to block the driveway entrance to any abutting property.

	9-31-05	Parking Adjacent to Schools

	1.	The City Traffic Engineer or authorized person may erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

	2.	When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

	9-31-06	Stopping - Parking - Over 48 Hours

	It shall be unlawful for anyone to park or leave standing on any public street or highway in the city any vehicle, trailer, camper, motorhome, boat, implement or any other such device for a period longer than forty-eight (48) hours consecutively, provided this section shall not include any area where a shorter time is provided for parking, nor shall this section be construed to permit parking for a longer time than is provided in such areas.

	 Any vehicle, trailer, camper, motor home, boat, implement or any other such device found to be in violation of this ordinance shall be immediately removed from any public street or highway by the owner or said item shall be impounded by the city.

	9-31-07 Parking Truck Tractors, Semi Trailers, Trucks or Any Motorized Heavy Construction Equipment   It shall be unlawful for anyone to park a truck tractor, semi-trailer, either separately or together, or a truck or any motorized heavy construction equipment on any street or alley within the corporate limits of the City of New Salem except temporarily for the purpose of and while actually engaged in loading or unloading.

	Any truck tractor, semi-trailer, either separately or together, or a truck or any motorized heavy construction equipment found to be in violation of this ordinance shall be cited for a non-moving violation as set forth in Section 39-06.1-06(1) of the North Dakota Century Code as amended.

ARTICLE 32	Reserved Parking Areas

	9-32-01    Reserved Parking Areas     No person, firm or corporation shall, when signs are erected giving notice thereof, park or leave standing, either attended or unattended any motor vehicle on street areas which are reserved for the following temporary uses:  loading and unloading, bus parking, guest parking, taxi parking, emergency parking, no parking, police or fire use.

The Chief of Police shall establish from time to time areas for loading and unloading, bus parking, guest parking, taxi parking, emergency parking, no parking, police and fire use on such public streets in such places and in such number as he shall determine or as the governing body may specifically designate to be of greatest benefit and convenience to the public and to promote the best use of the streets for traffic to pedestrians and designate the same by appropriate signs.

ARTICLE 33	Time Limit Parking Zones

	9-33-01   Time Limit Parking Zones      When signs are erected giving notice thereof, no person, firm or corporation shall park or leave standing, either attended or unattended any motor vehicle for more than five (5) consecutive minutes on street areas so posted, or for more than ten (10) consecutive minutes on street areas so posted, or more than thirty (30) consecutive minutes on street areas so posted, or more than sixty (60) consecutive minutes on street areas so posted, or for more than one hundred twenty (120) consecutive minutes on street areas so posted, when said areas have been made available for parking.

The City Engineer or authorized person shall establish from time to time in such places and in such manner time parking zones as he shall determine, or as the governing body shall specifically designate to promote the greatest benefit and convenience to the public and the best use of the street areas.

ARTICLE 34	Sections Not Adopted

The sections of Title 9 of the North Dakota Century Code not expressly adopted in ARTICLE 1 through ARTICLE 31 inclusive, are not adopted by reference.

ARTICLE 35	Filing of Ordinance

Incident to the adoption of certain portions of Title 9 of the North Dakota Century Code by reference, a copy of the text of the adopted code shall be filed in the office of the City Auditor as required by North Dakota Century Code Section 40-05-01(1) for use and examination by the public.

ARTICLE 36	Adoption of Amendments by Reference

The adoption of certain portions of Title 9 by reference shall be construed to incorporate such amendments thereto as may be made therein from time to time, and such copy of the adopted portions of Title 9 filed as required in ARTICLE 24 shall at all times be kept current in the office of the City Auditor of this city.

ARTICLE 37	SEVERABILITY CLAUSE

If any provision of this Chapter or its application to any person, or circumstances is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is not affected.

ARTICLE 38	PENALTIES	

Any person who is convicted of violating or of failing to comply with any of the provisions of this ordinance may be punished by a fine of not more than Five Hundred and no/100 Dollars ($500.00)  If a statutory penalty is provided above such penalty cannot be exceeded.							

CHAPTER TEN
HEALTH

ARTICLE 1 - Board of Health

10.0101	Members	
10.0102	Regulations, Notice of

ARTICLE 2 - Contagious Diseases

10.0201	Duty of Health Officer 
10.0202	Report Required of Disease 
10.0203	Quarantine
10.0204	Fumigation	
10.0205	Spreading Contagion
10.0206	Deliveries to Quarantined Premises
10.0207	Penalty 

ARTICLE 3 - Garbage, Refuse, Rubbish

10.0301	Definitions
10.0302	Accumulation of Refuse Prohibited 
10.0303	Containers
10.0304	Burning
10.0305	Nuisance
10.0306	Garbage Collection 
10.0307	Fees 
10.0308	Fees - Payment - Collection by Franchised Contractor
10.0309	Fee - Payment - Collection by the City
10.0310	Disposal of Refuse not Collected by the City	
10.0311	Supervision
10.0312	Rules and Regulations

ARTICLE 4 - Dangerous Buildings

10.0401	Dangerous Buildings Defined 
10.0402	Standards for Repair, Vacation or Demolition
10.0403	Dangerous Buildings - Nuisances
10.0404	Duties of Building Inspector
10.0405	Duties of the New Salem City Council 
10.0406	Failure to Comply with Decision of the Council
10.0407	Violations - Penalty for Disregarding Notices or Orders
10.0408	Duties of the City Attorney 	
10.0409	Where Owner Absent from the City 
10.0410	Duties of Fire, Police and Health Department
10.0411   Appeal

ARTICLE 5 - Dangerous Trees

APPENDIX 

10-1	Notice of Hearing
10-2	Notice of Order 
10-3	Warning Sign
CHAPTER TEN

HEALTH

ARTICLE 1	Board of Health

	10.0101   Members     The Board of Health shall be the New Salem City Council and the City Health Officer or City Physician; who shall have and
 exercise all powers under the law.

	10.0102   Regulations, Notice of  Notice shall be given by the Board of Health, pursuant to the laws of the State of North Dakota, of all general orders and regulations made by such board, by publishing the same in the official newspaper within the jurisdiction of the board, which publication shall be deemed a legal notice to all persons.

ARTICLE 2	Contagious Diseases

	10.0201  Duty of Health Officer   He shall properly instruct the physicians within his jurisdiction in the proper methods to employ in reporting contagious and other diseases, and shall furnish each physician with the necessary blanks for that purpose, said blanks to be of the form prescribed by the State Board of Health.  He shall keep a record of all dangerous, contagious and infectious diseases occurring within his jurisdiction, which record shall show the name and address of the party affected, the name of the disease, by whom reported, and such other statistical data as may be required by the State Board of Health, and shall perform such other duties as may be prescribed by the laws of the state and the ordinances of the city.

	10.0202   Report Required of Disease   Every physician called in to care or treat a person afflicted with a contagious disease or any epidemic disease shall make a report of the same within twenty-four (24) hours after being called in to the Health Officer.  In case no physician is in attendance it shall be the duty of the person in charge or having the care of such person to make a report within twenty-four (24) hours from the time the disease is recognized.

	10.0203   Quarantine   The Health Officer shall have charge of the enforcement of the quarantine rules.  He shall have the power and the authority to place any premises within which a contagious or epidemic disease occurs under quarantine, and the health officer shall determine the time when the quarantine ends.

	10.0204   Fumigation   Premises which have been quarantined in accordance with the terms of the preceding section shall be thoroughly fumigated or otherwise freed from all risk of contagious disease, under the supervision of the Health Officer before the quarantine shall end.

	10.0205   Spreading Contagion   It shall be unlawful for any person to spread, willfully or carelessly, any contagious disease or to so cause the spread of the same.

	10.0206	Deliveries to Quarantined Premises   No person engaged in the delivery of food or drink intended for human consumption shall enter any premises which are quarantined because of the existence of a contagious or epidemic disease.  No containers or bottles shall be removed from any such premises until the termination of the quarantine and no such container which has been left at such premises during the quarantine shall be placed in use for carrying food or drink until it has been thoroughly sterilized.

	10.0207	Penalty   The violation of any of the provisions of this article shall be punishable by a fine of not more than Five Hundred and No/100 Dollars ($500.00).

ARTICLE 3	Garbage, Refuse, Rubbish

	10.0301   Definitions   For the purpose of this article the following words shall have the meanings given herein:

1.	"Ashes" is the residue from burning wood, coal, coke or other combustible materials.

2.	"Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

3.	"Refuse" is all putrescible and non-putrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles/automobile parts and solid market and industrial wastes.

4.	"Rubbish" is non-putrescible solid wastes (excluding ashes) consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery/ scrap metal, old unuseable or no longer being used appliances and similar materials.

	10.0302  Accumulation of Refuse Prohibited   No person shall permit or suffer to accumulate in or about any yard, lot, place or premises; or upon any street or sidewalk, adjacent to or abutting upon any lot, block or place, or premises owned and occupied by him, or for which he may be agent, within the city limits, any and all refuse, nor suffer such yard, lot, place or premises to be or remain in such condition.

	10.0303  Containers   All garbage and rubbish shall, by the person upon whose premises the same shall have been produced or accumulated, be placed in watertight, containers of not less than ten (10) nor more than thirty-one (31) gallons net capacity, which container shall be kept clean and continuously closed by a tight-fitting cover and shall be protected against the access of flies and rodents.  Containers shall be stored in racks of sufficient size to hold three containers at least eighteen (18) inches above the ground.

Containers for wet garbage shall have plastic disposable liners. Containers shall be placed in the alley of those lots having access to any alley and along the curb if no alley is accessible.  The city may specify where containers shall be placed along the alley or street for convenience of collection.

	In the instance where dumpsters are utilized for the disposal of garbage, Owner shall construct a concrete slab at least 4" thick, and extending at least one foot on all sides of the dumpster, with measures taken so the dumpster remains on the slab.

 	10.0304  Burning   No garbage, refuse or rubbish shall be burned within the city or in disposal grounds maintained by the city, without a burning permit.

	10.0305  Nuisance  Failure to comply with the provisions of Sections 10.0302, 10.0303 and 10.0304, herein contained shall constitute a public nuisance and be punishable as such under the terms of Chapter Twelve of these ordinances.

	10.0306   Garbage Collection   All garbage and rubbish as defined herein shall be collected by the garbage contractor as frequently as is necessary to maintain and preserve community cleanliness and sanitation, except that this section shall not require the collection of garbage and rubbish where streets and alleys are in a temporary condition which makes it impossible to do so and in case of the failure to collect such garbage and rubbish, such failure shall not relieve the occupant of the premises from the responsibility for the removal or proper disposition of garbage or rubbish.

	10.0307   Fees   Fees shall be charged for private use of the dump grounds on a basis of nature and quantity.

	10.0308  Fees - Payment - Collection by Franchised Contractor    In the event the city elects to franchise a contractor to perform the collection services contemplated by this section, collection of fees, are to be made by the contractor.

	10.0309 Fees - Payment - Collection by the City  Fees for all services that are available to city residents shall be collected from the residents, including water, sewer, and garbage.  Fees shall be collected from such resident, regardless of whether they are utilized by such resident.

	10.0310   Disposal of Refuse not Collected by the City   All other wastes as defined, and not included under garbage, rubbish and ashes, may be disposed of by the person creating such waste, by hauling such waste for disposal to such points as are designated or approved by the City Health Officer; or such person may arrange with some person not in their employ to collect or haul such wastes to such points as are designated by the City Health Officer.  Hauling done by or for an individual may only be done in a covered container or covered truck box.

Any disposal in areas not designated by the City Health Officer such as dumping over the fenced area or outside the fenced area of the city dump grounds shall be an offense punishable by a fine of not less than Fifty and No/100 Dollars ($50.00) or greater than Five Hundred and No/100 Dollars ($500.00).

	10.0311   Supervision   The collection, removal and disposal of garbage and rubbish under the provisions of this article, shall be under the supervision, direction and control of the Dump and Lagoon Commissioner  with the assistance of the City Health Officer.  The Commissioner of Streets and Improvements shall, unless there is a franchised contractor, appoint such employees as shall be necessary to carry out the purposes of this article, which appointments shall be subject to the approval of the governing body.

	10.0312   Rules and Regulations  The Health Officer of the city shall prescribed such reasonable rules and regulations in connection with the preparation, handling and disposition of garbage and rubbish as may be necessary to regulate, enforce and carry out the provisions of this chapter. The City Health Officer may give instruction to a franchised contractor.

ARTICLE 4	Dangerous Buildings

	10.0401   Dangerous Buildings Defined   All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings""
								
1.	Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

2.	Those which exclusive of the foundation, show thirty-three percent (33%) or more, damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.

3.	Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have sufficient strength to be reasonably safe for the purpose used.

4.	Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city.

5.	Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.

6.	Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairway, elevators, fire escapes or other means of communication.

7.	Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

8.	Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this city.

9.	Those buildings existing in violation of any provision of the building code, fire prevention code, electrical or plumbing codes or of other ordinances of this city.

	10.0402  Standards for Repair, Vacation or Demolition   The following standards shall be followed in substance by the building inspector and the governing body in ordering repair, vacation or demolition:

1.	If the "dangerous building" can be reasonably repaired so that it will no longer exist in violation of the terms of this article it shall be ordered repaired.

2.	If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupant it shall be ordered to be vacated.

3.	If any case where a "dangerous building" is fifty percent (50%) damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation to the terms of this article it shall be demolished.  In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the State of North Dakota, it shall be demolished.

	4.	Any basement or sub-structures that are left after any house has been moved, burned, demolished, or otherwise destroyed shall be deemed condemned and must have all construction materials removed and the remaining hole filled.

	10.0403   Dangerous Buildings - Nuisances   All "dangerous buildings" within the terms of Section 10.0401 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

	10.0404   Duties of Building Inspector   The Building Inspector shall be the Chief of Police or the Fire Chief and he shall:

1.	Inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of Section 10.0401 of this article.

2.	Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

3.	Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Departments of this city as probably existing in violation of the terms of this article

4.	Notify in writing the owner, occupant, lessee, mortgagee and all other persons having an interest in said building, as shown by the records in the office of the County Recorder of the County of Mercer, of any building found by him to be a "dangerous building" within the
standards set forth in Section 10.0401 of this article that:  (a) the owner must vacate, or repair, or demolish said building n accordance with the terms of the notice and this article; (b) the owner or occupant must vacate said building or may have it repaired in accordance with the notice and remain in possession.

Provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding thirty (30) days as may be necessary to do, or have done, the work or act required by the notice provided for herein.

5.	Set forth in the notice provided for in subsection 4 hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty (30) days, as is reasonable.

6.	Report to the City Council any noncompliance with the "notice" provided for in subsection 4 and 5 hereof.

7.	Appear at all hearings conducted by the New Salem City Council and testify as to the conditions of "dangerous buildings".

8.	Place a notice on all "dangerous buildings" reading as follows:  "This building has been found to be a dangerous building by the Building Inspector.  This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee or mortgagee of this building and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Mercer.  It is unlawful to remove this notice until such notice is complied with."

	10.0405	Duties of the New Salem City Council

	The New Salem City Council shall:

1.	Upon receipt of a report of the Safety Inspector as provided for in Section 10.0404, subsection 6 hereof, give written notice to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the County Recorder of the County of
Mercer, to appear before it on the date specified in the notice to show 
cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 10.0404, subsection 5.

2.	Hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the records of the County Recorder of the County of Mercer shall offer relative to the "dangerous building".

3.	Make written findings of fact from the testimony offered pursuant to subsection 2 as to whether or not the building in question is a "dangerous building" within the terms of section 10.0401 hereof.

4.	Issue an order based upon findings of fact made pursuant to subsection 3 commanding the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Morton to repair, vacate or demolish 
any building found to be a "dangerous building" within the terms of this article and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building".

	10.0406   Failure to Comply with Decision of the Council   If the owner, occupant, mortgagee or lessee fails to comply with the order of the Council or fails to appear to the District Court within thirty (30) days as provided herein, the city through its officers and employees shall cause such building or structure to be repaired, vacated or demolished as ordered by the Council and shall cause the costs of such repair, vacation or demolition to be charged against the land on which said building existed by special assessment, or as a municipal lien, or shall cause said cost of removal to be levied as a special tax against the land upon which said building stands or did stand or to be recovered in a suit at law against the owner.

	10.0407   Violations - Penalty for Disregarding Notices or Orders   The owner of any “dangerous building" who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this article to give such notice or order shall be guilty of an infraction and upon conviction thereof shall be fined not exceeding Five Hundred and No/100 Dollars ($500.00) for each offense and every day subsequent to such notice in which the said owner shall fail to comply with any notice or order as above stated shall be deemed a separate offense.

The occupant or lessee in possession who fails to comply with any notice to vacate or who fails to repair said building in accordance with any notice given as provided for in this article shall be guilty of an infraction and upon conviction thereof shall be fined not exceeding Five Hundred and No/100 Dollars ($500.00) for each offense and every day subsequent to such notice in which the said occupant or lessee shall fail to comply with any notice or order as above stated, shall be deemed a separate offense.
Any person removing the notice provided for in Section 10.0404, subsection 8 thereof shall be guilty of an infraction and upon conviction shall be fined not exceeding Five Hundred and No/100 Dollars ($500.00) for each offense.

	10.0408   Duties of the City Attorney    The City Attorney shall:

1.	Prosecute all persons failing to comply with the terms of the notices provided for herein in Section 10.0404, subsections 4 and 5 and the order provided for in Section 10.0405, subsection 4.

2.	Appear at all hearings before the New Salem City Council in regard to "dangerous buildings".

3.	Take such other legal action as is necessary to carry out the terms and provisions of this article.

	10.0409   Where Owner Absent from the City   In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the city, all notice or orders provided for herein shall be sent by registered or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the County Recorder of the County of Mercer to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates.  Such mailing and posting shall be deemed adequate service.

	10.0410   Duties of Fire, Police and Health Departments   All employees of the Fire, Police and Health Departments shall make written reports to the Safety Inspector of all buildings or structures which are, may be, or are suspected to be "dangerous buildings" as herein defined.

	10.0411   Appeal   The governing body shall serve upon the owner, occupant, mortgagee, lessee and all other persons having an interest in any such building so ordered repaired, vacated or demolished, a copy of its order, such notice to be served upon such owner, occupant, mortgagee or lessee shall thereafter have thirty (30) days from the date of the service of such order upon him in which to appeal from such order to the District Court of Mercer County, North Dakota, or to take 
such other legal steps to enjoin the enforcement of such order as he may deem proper.

Any person desiring to appeal from any order issued by the Council under and by virtue of this article shall file an undertaking in the sum of at least Five Hundred and No/100 Dollars ($500.00) to be approved by the City Auditor and conditioned that the appellant will prosecute the appeal without delay and will pay all costs that may be adjudged against him in the District Court.  Such undertaking shall be payable to the city.

ARTICLE 5	Dangerous Trees

	10.0501  Enforcement  

1.		Whenever the city council determines a tree to be a public nuisance or in violation of this chapter, he shall give written notification in person or by certified mail to the owner and order that it be abated within ten (10) days of receipt of notice and order, provided, however, that if the tree is an imminent danger to the traveling public or property of others, the city council may proceed according to subsection 5.

1.		All notices and orders issued pursuant to this chapter are subject to appeal to the board of city councilors upon written notice of appeal filed within ten (10) days of issuance of the notice and order.  If an appeal is not filed within ten (10) days, the order of the city council shall be final.  An appeal stays an order issued pursuant to subsection 1.

1.		Upon receipt of the notice of appeal the board shall set a date for a hearing within twenty (20) days of receipt of the notice of appeal.  Notice of time and place for the hearing must be served upon the owner by certified mail or in person not less than five (5) days prior to the hearing.  The decision of the board is final.

1.		Any person who fails to comply with a final order of the city board is guilty of an ordinance violation.  The city board is authorized to abate the public nuisance at the cities’ expense, and have the costs assessed against the property, if any person fails to comply with an order of the city board of city councilors.

1.		Whenever the city council determines a tree to be public nuisance or in violation of this chapter and an imminent danger or in violation of this chapter and an imminent danger to life or property, they shall give written notification in person or by certified mail to the owner and order that it be abated within twenty-four hours of the notice and order.  If the owner fails to comply within the required time, the city council is authorized to abate the public nuisance pursuant to subsection 4.  The owner may file a written notice of appeal protesting the assessment of costs within ten (10) days of issuance of this order, and the board shall set a date for a hearing pursuant to subsection 3.  Upon determination by the board that a tree was a public nuisance or in violation of this chapter and an imminent danger to life or property, the costs to abate the nuisance may be assessed to the owner; otherwise, the costs shall be borne by the city.  Whenever it is impractical to notify a property owner pursuant to this subsection, the city council is authorized to immediately cause a public nuisance or violation of this chapter which is an imminent danger to life or property to be abated at the expense of the city without notice.

1.		Whenever necessary for efficient snow removal operation or other necessary  maintenance repair of public rights-of-way, the city council may immediately cause a public nuisance or violation of this chapter to be abated at the expense of the city without notice.

ARTICLE 6    Weed Control

	10.0601   Authority    All weed and tall grasses growing within the limits of the city are hereby declared to be a public nuisance and it shall be the duty of every person owning, occupying, or in charge of any premises, lot or parcel of land in the city to keep that premises, parcel or lot, including the adjacent rights-of-way, berms and cutting or destroying them at all times during the growing season, medians separating street sections shall not be included in the requirements of this section.
	
1.	“Weeds” as used in this chapter shall included all weeds contained in North Dakota Administrative Code Section 7-06-01-02 as it defines “noxious weeds.”

1.	“Tall grasses” shall mean all weeds not contained in North Dakota Administrative Code Section 7-06-01-02 in excess of eight (8) inches in height and all grasses in excess of eight (8) inches in height.

	10.0602   Control/Duty    It is the duty of every person owing, occupying or in charge of any premises, lot or parcel of land to cut, eradicate or control any weeds to prevent their spread or tall grasses if they exceed eight (8) inches in height.

	All weed and tall grasses growing within the limits of the city are hereby declared to be a public nuisance and it shall be the duty of every person owning, occupying, or in charge of any premises, lot or parcel of land in the city to keep that premises, parcel or lot, including the adjacent rights-of-way, berms and cutting or destroying them at all times during the growing season, medians separating street sections shall not be included in the requirements of this section.

1.	“Weeds” as used in this chapter shall included all weeds contained in North Dakota Administrative Code Section 7-06-01-02 as it defines “noxious weeds.”

1.	“Tall grasses” shall mean all weeds not contained in North Dakota Administrative Code Section 7-06-01-02 in excess of eight (8) inches in height and all grasses in excess of eight (8) inches in height.

	10.0603    Notice by Publication of Ordinance   It shall be the duty of the city council to cause a notice of the contents of this chapter to be published in the official newspaper of the City once within three (3) days of May 1st and May 15th and once again within three (3) days of July 1st and July 15th.  These publications shall serve as notice to all landowners, occupants or persons in charge of land of the requirements of this chapter.

   

APPENDIX 10-1

IN THE MATTER OF "DANGEROUS BUILDINGS" LOCATED
AT NEW SALEM, NORTH DAKOTA
UNDER ARTICLE 4, CHAPTER TEN

NOTICE OF HEARING

	You are hereby notified that the Safety Inspector of New Salem, North Dakota, has filed with the New Salem City Council a report that you have not complied with a Notice and Order issued by him that buildings located at                                     were dangerous buildings and were to be demolished by you prior to                  ,  20____.

	You are further notified to appear before the New Salem City Council at                  on the       day of                      , 20    , at the hour of         o'clock   .M., to show cause, if any you have, why said building reported to be a "dangerous building" should not be demolished in accordance with the statement of particulars set forth in the Safety Inspector's Notice.

	Dated                              , 20_____.

					THE CITY OF NEW SALEM, NORTH DAKOTA

					By                                             
					     Mayor

ATTEST:

                                              
City Auditor

APPENDIX 10-2

IN THE MATTER OF A "DANGEROUS BUILDING" LOCATED ON

TO THE CITY OF NEW SALEM, NORTH DAKOTA, WITH AN ADDRESS 

OF                                                                                                                         

NOTICE AND ORDER

                                       

	You are hereby notified that the undersigned, Safety Inspector of the City of New Salem, North Dakota, acting pursuant to Article 4, Chapter 10 of the Ordinances of the City of New Salem, has made an inspection of the following described building in which you are, or appear to be, interested:                                                                                                                                                                                        

	You are further notified that the undersigned, Safety Inspector, deems the foregoing described building to be dangerous within the meaning of Section 10.0401 of said Ordinances of the City of New Salem, in the following particulars:                                                                                                                                                                                                                                                               

	YOU ARE THEREFORE ORDERED TO                                                                                                                                                                                    
the said building on or before this       day of                        , 20    .

						                                            
						Safety Inspector

	Dated this       day of                                   , 20    .

APPENDIX 10-3

	This is a suggestion as to the warning sign that should be printed in red.

WARNING

	Whereas it has been determined by appropriate inspection that the dwelling or building to which this notice is attached does not comply with Ordinances of the City of New Salem, all persons are hereby warned that it is unlawful to rent, lease, let, occupy or permit the use or occupancy of this dwelling or building, for dwelling purposes or as a place of employment for human beings, or to remove or molest this notice.

						                                                      
						City Health Officer
						New Salem, North Dakota

CHAPTER ELEVEN

ANIMALS AND FOWL

ARTICLE 1 - General Regulations

11.0101	Definitions	
11.0102	Restrictions upon the raising and keeping of 
			Animals & Fowl
11.0103	Cruelty to Animals
11.0104	Impoundment of Animals 
11.0105	Redeeming Impounded Animals 
11.0106	Lien on Impounded Animals
11.0107	Disposal of Impounded Animals
11.0108	Breaking into the Pound 
11.0109	Animals at Large
11.0110	Penalty 

ARTICLE 2 - Rabies Control

11.0201	Reports: Isolation and destruction of Animals
11.0202	Duty of Owner to Surrender Animal	

ARTICLE 3 - Licensing and Control of Dogs and Cats

11.0301	License required
11.0302	License Application, Fee and Renewal
11.0303	Tag Issuance	
11.0304	Impoundment	
11.0305	Running at Large Prohibited - Wastes
11.0306	Public Nuisance

CHAPTER ELEVEN

ANIMALS AND FOWL

ARTICLE 1 General Regulations

         11.0101  Definitions.  In this title unless the context or subject matter otherwise requires: 
1. "Unaltered dog or cat" shall mean an unneutered male dog or cat or an unspayed female dog or cat. 
2. "Animal" means every living animal except the human race. 
3. "Cruelty" or "torture" means very act, omission or neglect whereby unnecessary or unjustifiable pain, suffering or death shall be caused or permitted. 
4. "Dangerous animals" means animals which, because of their poisonous bite or sting, their size, or their propensity to viciousness or aggressiveness would constitute a hazard or threat to the safety of the citizens of New Salem. 
5. "Dog" or "cat" means both the female and male of the species. 
6. "Domestic fowl" means chickens, ducks, geese, turkeys, pigeons or other domestic fowl. 
7. "Owner" means any person, firm, association, corporation or combination thereof keeping or harboring an animal, dog, or domestic fowl. 

8. "At large" means the animal is off the premises of the owner and is not securely confined in a vehicle or other enclosure or effectively restrained with a chain, leash or cord not more than six feet in length. 
11.0102 Restrictions of the Keeping and Raising of Animals and Fowl. 
1. The raising and keeping of animals is hereby prohibited except: As permitted in the zoning ordinances of the City; at zoos; at schools, clinics or laboratories for recognized educational, scientific or research purposes; and, one pair of animals commonly kept as pets and not prohibited by this chapter or city ordinance, providing the keeping of them does not create a public health or safety problem. The keeping of dangerous animals is prohibited. 
2. A person may not keep or raise domestic fowl, livestock or non-traditional livestock, within the City of New Salem except as permitted in the Agricultural District, as defined by zoning ordinances. Domestic fowl when kept as permitted may not be kept within 150 feet of any dwelling unit other than that of the owner of such fowl. All fowl must be kept within a secure enclosure and it is unlawful to allow confinement areas of fowl to cause unpleasant odors, or to permit fowl to create noise or attract vermin which may affect the health and well being of persons living nearby. The restrictions concerning where fowl may be kept do not apply to young domestic fowl being kept temporarily in business places for sale.

3. It is unlawful to keep animals or fowl in the city which have been bred or trained for fighting for sport or exhibition. 

11.0103 Cruelty to Animals 	It is unlawful for any person to: 
1. Overwork, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate or kill any animal, or cruelly work any animal when unfit for labor. 
2. Fail to provide any animal in his charge or control with necessary food, water or shelter. 
3. Keep any animal in any enclosure without exercise or wholesome change of air. 
4. Abandon any animal or cause such act to be done. 
5. Unjustifiable administer or expose any known poisonous substance or noxious drug, whether mixed with food or not, which  may be eaten by any domestic animal. 
6. Carry or transport any live animal in any vehicle, cage, railroad car, or by any other means that does not permit adequate ventilation and space for the reasonable comfort of the animal, nor carry or transport an animal in any other cruel manner. 
7. Willfully frighten, shoot at, wound, kill, capture, ensnare, net trap or in any other manner molest or injure any song bird or insectivorous bird; or in any manner to molest or injure or injure the nest eggs or young of any such bird; or to have in possession the nest eggs, young or body of such bird, except as authorized by the chief of police, 
8. This section does not apply to the eradication, by lawful and safe methods, of rodents, including rats, mice, gophers and moles. 
          11-0104 Impoundment of Animals          It is the duty of any police officer or animal warden of the City to take and impound any animal declared to be a nuisance or at large and in violation of any of the provisions of this chapter, or abandoned, unjustifiably exposed to the elements, or not properly fed and watered. Any impounded animal must be kept until the owner or some person for the owner pays to the City any expense, fees, costs and charges as provided in this title or until such animal is sold in accordance with Section 11.0107. A fee of $35.00 must be assessed when any animal is impounded. An additional fee of $10.00 or the actual cost of keeping the animal, whichever is higher, must be charged for each day or fraction thereof of impoundment, for feeding and caring for such animal. The provisions of this section, and Sections 11.0105, 11.0106, and 11.0107, do not apply to the impoundment of dogs and cats, which is subject to the provisions of Chapter 11.0103. 
          11.0105 Redeeminq Impounded Animals          The owner of the animal impounded must be notified, in writing, by the Police Department. If the owner is unknown, notice may be given by posting notice and a description of the animal at the pound or Police Department and City Hall, or by publication in the legal newspaper of the city. The notice shall inform the owner that the animal will be sold or disposed of if the animal is not redeemed within three (3) days after receipt of the notice or posting of the notice or after publication, and that the owner may, within three (3) days of notice of posting or publication of notice, request, in writing, a hearing before the Municipal Judge. The hearing must be held within seven days of the receipt of the request. Following the hearing the Municipal Judge may order that the animal be returned to its owner, sold or otherwise disposed of, and shall order payment of expenses and costs accordingly. If a timely request for a hearing is filed, the animal may not be sold or disposed of except by order of the Municipal Judge. This section does not apply to wild animals, including muskrats, weasels, beavers, deer and other wild animals that are impounded. 
          11.0106 Lien on Impounded Animal          The city has a lien on each animal impounded for the full amount of fees and expenses in keeping the animal and any fine imposed. 
          11.0107 Disposal of Impounded Animals          If the lien is not discharged and satisfied by the owner within three (3) days after notice to the owner, posting of notice or publication the Chief of Police may apply to the municipal court for an order to sell the animal to discharge the lien. Upon order of the court the Chief of Police may sell the animal at a public sale to payoff the lien, and the title to the animal shall pass with the sale. The court may award costs and reasonable attorney's fees and the remainder of proceeds, if any, must be paid over to the owner. If the owner is not known, the remainder must be deposited in the city's general fund. If no purchaser is found, or if the animal is not offered for sale, it may be offered for adoption or disposed of by the police consistent with state law and other provisions of this code. 
          11.0108 Breakinq into the Pound          It is unlawful for any person to damage, injure or break open any pound, or to aid or assist, abet or advise any person to do so, and no person shall let out or rescue or aid or assist or abet in letting out or rescuing any animal which may be impounded. It is unlawful for any person to aid or assist, abet or advise, any person to take from any other person any animal being taken or driven to any pound. 
          11.0109 Animals at Large          It is unlawful for any person to allow or permit any animal owned by or under his control to run at large within the city. This section does not apply to dogs and cats, which are subject to the provisions of Chapter 11.0103. 

          11.0110 Penalty          The penalty upon conviction of a violation of any provision of this chapter shall be a fine not to exceed $100 or by imprisonment not to exceed 3 months or by both such fine and imprisonment. In addition, all costs of prosecution shall be added to such fine as apart of the punishment. 
ARTICLE 2 RABIES CONTROL 
	11.0201 Reports: Isolation or Destruction of Animals

1. Any person who has knowledge that any person or animal has been bitten
or injured by a dog or other animal infected or suspected of being infected with rabies, or of a case of rabies or suspected rabies in animals, shall immediately report that fact to the State Department of Health and Consolidated Laboratories. 

2. Any domestic animal that bites a human where the skin is broken or any domestic animal suspected of having rabies must be confined and observed for a period of ten (10) days and evaluated by a licensed veterinarian, at the owner's expense, at the beginning of confinement, at the first sign of any illness during confinement, and prior to release from confinement. If an animal warden or veterinarian so determines, the warden or veterinarian may order that the animal be impounded and evaluated. If the animal shows clinical signs of rabies during the period of isolation, it must be humanely destroyed immediately in a manner that preserves the brain intact, and the brain tissue shall be examined for rabies. 
3. Any stray or unwanted domestic animal or wild animal that bites a person must be humanely destroyed in a manner that preserves the brain intact, and the brain tissue must be examined for rabies. A domestic animal will be presumed to be stray or unwanted if the owner has failed to claim the animal within three (3) days of the seizure of the animal. 
4. Any domestic vaccinated animal that is bitten or scratched by a rabid animal or exposed to a rabid animal in a manner that reasonable indicates a bite or scratch may have occurred, must be revaccinated immediately and observed by the owner for ninety (90) days. If the animal shows clinical signs of rabies during the period of observation, it must be humanely destroyed immediately in a manner that preserves the brain intact, and the brain tissue must be examined for rabies. 
5. Any domestic, unvaccinated animal that is bitten or scratched by a rabid animal or exposed to a suspected rabid animal in a manner that reasonable indicates a bite or scratch may have occurred, must be destroyed immediately, or, at the owner's expense, be placed in strict isolation under the observation of a licensed veterinarian for six (6) months and vaccinated one (1) month prior to being released. If the animal shows clinical signs of rabies during the period of isolation, it must be humanely destroyed immediately, in a manner that preserves the brain intact, and the brain tissue must be examined for rabies.

6. Specimens collected for examination for rabies must be packaged and forwarded as required by health department regulations. 

7. If whether or not an animal has been vaccinated for rabies is unknown, the city and any impounding authority will comply with an order from a medical authority to destroy the animal and preserve the brain intact. 
8. Any domestic animal which bites a human where the skin is broken and the animal is unvaccinated or it is unknown whether or not the animal is vaccinated, the animal will be taken into custody by the animal warden and quarantined at the city pound for ten (10) days. 

          11.0202 Dutv of Owner to Surrender Animal          The owner or other person in charge of any animal, upon demand by a police officer or animal warden must surrender any animal which has bitten a human, or domestic animal, or which is suspected as having been exposed to rabies, to city or state officials or to a licensed veterinarian as directed by city or state officials. All expenses of any required period of isolation or observation must be paid by the owner before the animal may be returned to the owner. It is unlawful for an owner or other person in charge of an animal to fail or refuse to surrender any animal as required by this chapter. Notwithstanding any other provision of this title, any animal that has bitten a human or domestic animal, or that is suspected of having rabies, may be seized by a Police Officer or animal warden. 
ARTICLE 3 LICENSING AND CONTROL OF DOGS 
          11.0301 License Required          It is unlawful for any person within the city to keep, maintain or have in custody or under control any dog over the age of six (6) months which is not licensed and inoculated against rabies. 
          11.0302 License Application. Fee and Renewal
1. Any person desiring to keep, maintain or have in custody or control any dog  over the age of six (6) months shall make application to the city for a license. The application must be in writing stating the name, sex, color and breed or other distinguishing characteristics of the animal and the name and address of the applicant. The license must be renewed for so long as the animal is kept within the city by payment of the fee established in this section. 
2. Before any license may be issued the applicant shall furnish a certificate of vaccination issued by a licensed veterinarian evidencing that the dog for which the license is desired has been vaccinated against rabies. A license issued 
under this chapter may not exceed the duration of the rabies vaccination. 

3. A license fee of $5.00 per year must be paid at the time any dog is first licensed. The license is valid for the duration of the rabies vaccination under which it is obtained. Licenses must be renewed May of each year for so long as the animal is kept within the City of New Salem. The license fee for any period of less than one (1) year is $5.00. 
4. A refund may not be made on any license fees because of the death of an animal or because the owner of the animal leaves the city before expiration of the license period. A license is not transferable. If an animal is sold or given to another, the new owner must obtain a new license for the animal. 
5. A license issued under this chapter shall expire at the date when the last rabies vaccination for the animal expires. 
6. The city shall design the license certificate and suitable license tag and shall issue same to successful applicants. The license tags shall designate the name of the city and the year, in addition to any other wording or identification as, from time to time, may be deemed practical or appropriate. 

7. The total number of dogs permitted per location is three (3).. 
          11.0303 Tag Issuance          The issuance and use of license tags issued under this chapter is governed by the following provisions: 
1. It is the duty of the city or its designee, at the time of the issuance of a license under this division, to furnish and deliver to the applicant for the license a tag for the animal for which the license is issued, upon which tag must be stamped or engraved the number of the license and the year for which the license is issued. 
2. It is the duty of the owner of the animal licensed to place a collar around the neck of the animal on which collar must be securely fastened the tag furnished by the city or its designee. 
3. In the event of the loss of any tag issued under the provisions of this division, the city may issue a duplicate tag upon payment of the sum of $3.00, upon application being made thereof, and upon satisfactory proof that such tag has been lost. 
4. A license tag may not be transferred from one animal to another. 
          11.0304 Impoundment          Notwithstanding the provisions of Chapter 11.0101, the following provisions govern the impoundment and disposition of impounded dogs and cats:

1. Any dog found at large may be seized and impounded by any Police Officer or animal warden. Impoundment may be in any animal shelter designated by the City Council or Chief of Police.

2. Any cat found at large may be seized and impounded by any Police Officer or animal warden with reasonable cause to believe the cat is without proper care and control, lost, abandoned, or upon reasonable cause to believe the cat is a public nuisance, as defined in Section 11.0306.

3. The owner of any dog or cat impounded, if the owner's identity and location can be obtained by reasonable means, shall, within 24 hours, be notified that the dog or cat has been impounded. The notice must be in writing, and shall inform the owner that if the dog or cat is not redeemed within three (3) days following notice, the dog or cat will be put up for adoption or disposed of, provided that the owner may, within three (3) days, request, in writing, a hearing before the Municipal Judge, in which case the dog or cat may not be disposed of pending the hearing. Following the hearing, the Municipal Judge may order that the dog or cat be returned to the owner or otherwise disposed of, and shall order payment of expenses and costs accordingly.
4. A fee of $35.00 must be assessed whenever any unlicensed dog or cat is impounded. A fee of $15.00 must be assessed whenever any dog or cat over the age of six (6) months which is licensed, is impounded. An additional fee of $10.00 or the actual cost of keeping the dog or cat, whichever is higher, must be charged for each day, or fraction thereof, of impoundment for feeding and caring for such dog or cat. 
5. The owner of any impounded dog or cat which has not been vaccinated in accordance with this chapter, upon satisfactory proof of ownership, may redeem the dog or cat upon payment of all fees and expenses and be allowed 24 hours to get such dog or cat vaccinated. If the owner fails to procure a certificate of vaccination within 24 hours, the dog or cat shall again be seized and impounded. 
6. If the owner of any dog or cat impounded fails to redeem the dog or cat within three (3) days after notice to the owner if the owner can be located through reasonable means, any other person may, upon complying with the provisions of this chapter, redeem the dog or cat from the pound and be the lawful owner of the dog or cat thereafter. No person may act as the agent or on behalf of the owner in order to redeem a dog or cat to avoid the impound and care fee. 

7. Dogs or cats impounded for which an owner cannot be located and that are not claimed within three (3) days or which have not been redeemed or purchased as authorized by this chapter within three (3) days of such impoundment or, if the owner is known within three (3) days after notice to the owner, may be disposed of in a humane manner, unless a written request for a hearing has been  filed with the Municipal Judge by any person in accordance with the procedures set forth in paragraph 3. 
          11.0305 Running at Large Prohibited -Wastes
1. It is unlawful for any owner or keeper of a dog to allow the animal to be at large. No intent or knowledge by the owner or keeper of a dog is necessary to prove a violation of this ordinance. 
2. Every owner or person having control of a dog or cat shall collect and properly dispose of the dog's or cat's solid waste when eliminated. 

          11.0306 Public Nuisance
1. Every dog or cat that has committed any of the following acts is deemed to be a public nuisance: 
a. Habitually at large. 
b. Habitually annoys, barks at or chases any person or vehicle.
c. Habitually disturbs the peace by barking, howling or fighting. 
d. Bites any person off the premises of the owner or any person lawfully on the premises of the owner. 
e. Habitually attacks and injures, without provocation, any domestic animal or bird or other animal protected by law. 
2. Upon complaint made by the City Attorney before the Municipal Judge and notice to its owner, or, if the owner is unknown, after ten (10) days notice by publication and a hearing, the Municipal Judge, upon a finding that a dog or cat is a public nuisance, shall: 
a. Order the confinement of such animal within a building or secure enclosure, said animal not to be removed from such building or enclosure without being effectively restrained by chain or leash not exceeding six (6) feet in length and/or properly muzzled; or 
b. Order the surrender of such animal to the humane society or other animal placement organization or Chief of Police for purposes of placement outside the city or humane destruction; or 

c. Issue such other order as may be necessary to abate the nuisance. 
3. The Municipal Judge may assess costs and expenses to the owner or keeper of the dog or cat. 

CHAPTER TWELVE

PUBLIC NUISANCES

ARTICLE 1 - Sanitary Nuisances

12.0101	Residences - When Sewer and Water Required 	
12.0102	Outhouses - Cesspools - A Nuisance
12.0103	Outhouses - Cesspools - Exceptions
12.0104	Outhouses - Cesspools - Offensive Odors 
12.0105	Outhouses - Cesspools - Cleaning of
12.0106	Dead Animals
12.0107	Putrid Substances - Offensive Odors

ARTICLE 2 - Smoke - Gases

12.0201	Smoke, Dust, Ashes, Gases, Cinders - A Nuisance 
12.0202	Smoke, Dust, Ashes, Cinders, Gases - Prohibited	

ARTICLE 3 - Radio Interference and Noise Control

12.0301	Radio Interference Prohibited
12.0302	Loud, Disturbing, Unnecessary Noises - Prohibited	

ARTICLE 4 - Automobiles - Personal Property

12.0401	Automobiles, Personal Property - When a Nuisance
12.0402	Abatement Required by Owners
12.0403	Abatement Required - Penalty for Failure 
12.0404	Removal and Impoundment by City
12.0405	Removal and Impoundment - When Sold
12.0406	Removal and Impoundment Proceeds

ARTICLE 5 - Penalty for Violation of this Chapter

12.0501	Penalty

CHAPTER TWELVE

PUBLIC NUISANCES

ARTICLE 1	Sanitary Nuisances

	12.0101   Residence - When Sewer and Water Required   It shall be unlawful for any person to use or occupy or permit to be used or occupied for residence purposes, any premises or building within the corporate limits of this city without first making or causing to be made proper connections with said sewer and water facilities and mains.
	The term "proper connections" when used in this section shall be construed to mean connections with such water mains and sanitary sewers which are equipped and furnished with proper valves and fittings so as to enable such water connections to be used at all times and sanitary toilets and drains and such equipment shall at all times be kept in repair and in a manner so as to make them available for household use and in condition to be used at all seasons of the year.

	12.0102   Outhouses - Cesspools - A Nuisance   The use, construction, maintenance, building or erection of any outhouse, privy, vault or cesspool within this city is hereby declared to be a nuisance and a menace to public health, when in violation of Section 12.0101.

	12.0103	Outhouses - Cesspools - Exceptions

1.	Private sewage system and private water supplies may be constructed to serve new buildings to be built in areas not included in Section 12.0101, providing such it complies with the requirements of any zoning requirements.

2.	Private sewage systems and private water systems may be installed in existing buildings in areas not included in Section 12.0101.

3.	Each private sewage system or private water supply hereafter altered or constructed shall conform to the State Health Department Standards.
	
	12.0104   Outhouses - Cesspools - Offensive Odors   It shall be unlawful for the owner or occupant of any lot or piece of ground within the corporate limits of this city to suffer or permit any private sewer system to emit any offensive odors or to become dangerous or injurious to public health or offensive to sense of smell of the people of the city, and any private sewer system emitting such odor is hereby declared to be a nuisance and menace to public health of the city.

	12.0105   Outhouses - Cesspools - Cleaning of   In the cleaning of private septic tanks and sewage systems the contents thereof shall be removed in containers fitted so as to prevent the escape of odors or materials therefrom and disposed of in a manner approved by the City Health Officer.

The pumping of a private sewage system on the surface of the ground or hauling contents thereof in such a manner as to allow the material to spill on the ground, 

street or public ways is hereby declared to be a public nuisance.

	12.0106   Dead Animals   Any person who owned or had possession or control of a dead animal prior to its death shall remove or cause the same to be removed within five (5) hours from the time the animal dies and have the same buried or disposed of in some other sanitary way approved by the City Health Officer.  Any dead animal remaining in any street, alley or other public place in this city, or in any private premises within this city, for more than five (5) hours after the animal shall have died, is hereby declared to be a nuisance; and any person permitting any dead animal in the street, alley or public place of the city or allowing any animal which he owned or which was in his possession or under his control prior to its death, to remain in any street, alley or public place, or on any private premises within the city for more than five (5) hours after its death shall be guilty of a violation of this article.

	12.0107   Putrid Substances - Offensive Odors    It shall be unlawful for the owner or occupant of any property or parcel of ground in this city to suffer or permit water, animal waste, refuse (as defined in 10.0301), or any putrid substance to accumulate or stand so as to cause an odor to be  omitted therefrom which is offensive to the sense of smell of the people of the city or which has become dangerous or injurious to public health.  Any violation of this section is hereby declared to be a nuisance.

ARTICLE 2	Smoke - Gases

	12.0201   Smoke, Dust, Ashes, Noxious Gases, Cinders - A Nuisance	The emission of dense smoke, ash, dust, cinders or noxious gases from any machine, contrivance or from the smoke stack or chimney of any building or premises in such quantities as to cause injury or detriment to any person or persons or to the public, or to endanger the comfort, health or safety of any person or persons, or in such manner as to cause or tend to cause damage or injury to property, is hereby declared to be a nuisance.

	12.0202   Smoke, Dust, Ashes, Cinders, Noxious Gases - Prohibited    	No person, persons, association or corporation shall cause, permit or allow the escape from any smoke stack or chimney into the open air, of such quantities of dense smoke, ash, dust, soot, cinders, acid or other fumes, dirt, or other material, or noxious gases, in such place or manner as to cause injury, detriment or nuisance to any person or persons, or to the public, or to endanger the comfort, health or safety to any such person or persons, or the public, or in such manner as to cause or have a natural tendency to cause injury or damage to business or property.

ARTICLE 3	Radio Interference and Noise Control

	12.0301   Radio Interference Prohibited   It shall be unlawful for any person knowingly to maintain, use, operate or cause to be operated within this city, any machine, device, appliance, equipment or apparatus of any kind whatsoever, the operation of which shall cause reasonably preventable electrical interference with radio reception within said municipal limits, and the maintenance, use or operation within said city of any machine, device, appliance, equipment or apparatus of any kind so as to interfere with radio reception in violation hereof, is hereby declared a nuisance.

	12.0302   Loud, Disturbing, Unnecessary Noises - Prohibited   The making, creating or maintenance of loud, unnatural, unusual or disturbing noises are a detriment to public health, comfort, convenience, safety and welfare, and are hereby declared to be unlawful and a public nuisance.  The following acts, among others, are declared to be prohibited noises in violation of this section, but such enumeration is not exclusive:

1.	The sounding of horns or signaling devices on any motor vehicle or motorcycle on any street or public place except as a danger warning or their sounding for an unnecessary and unreasonable period of time.

2.	Radios, tape players, or digital players, etc.  The using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, tape player, digital player, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in a room, vehicle or chamber in which such radio receiving set, musical instrument, tape player, digital player,  machine or device is operated, and who are voluntary listeners thereto.  The operation of any such radio receiving set, musical instrument, tape player, digital player, machine or device in such a manner as to be plainly audible at a distance of fifty (50) feet from said radio receiving set, musical instrument, tape player, digital player, machine or device or from the building, structure or vehicle in which said device is located shall be prima facie evidence of a violation of this section.

3.	Loudspeakers, amplifiers for advertising.  The use, operating or permitting to be played, used or operation of any radio receiving set, radio receiving set, musical instrument, tape player, digital player,  musical instrument, loudspeaker, amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4.	Yelling, shouting, etc.  Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 P.M. and 

7:00 A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

5.	Schools, courts, churches, hospitals.  The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

ARTICLE 4	Automobiles - Personal Property

	12.0401   Automobiles, Personal Property - When a Nuisance   The following described property is hereby declared to be a nuisance in violation of this section, but such enumeration is not exclusive:

1.		The unsheltered storage of old, used, stripped or junked automobiles not in good, safe operating condition or automobiles lacking the required equipment as listed in Chapter 9-21 of the North Dakota Century Code in residentially zoned areas only.

1.		The unsheltered storage of machinery, implements, appliances, bicycles, equipment or personal property of any kind which if no longer safe or usable for the purpose for which it was manufactured.

1.		Any vehicle, equipment, item or article of personal property which constitutes an obstruction, hazard or detriment to public traffic or snow removal operations, public safety, public health or morals.

1.		Any vehicle, property or item which is abandoned or unclaimed within the city.

Any property declared to be a nuisance shall be abated in the manner prescribed in this article.

	12.0402   Abatement Required by Owners   The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of this city upon which such storage is made, and also the owner, owners and/or lessees of said property involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate said nuisance by the prompt removal of said personal property into completely enclosed buildings authorized to be used for storage purposes, if within the corporate limits of the city, or otherwise to remove it to a location outside of corporate limits.

	12.0403   Abatement Required - Penalty for Failure   If said owners allow said nuisance to exist or fail to abate said nuisance they, and each of them upon conviction thereof shall be fined not less than Twenty-five and No/100 Dollars ($25.00), nor more than Five Hundred and No/100 Dollars ($500.00) for each infraction and a separate infraction shall be deemed committed on each day during or on which such nuisance is permitted to exist.

	12.0404   Removal and Impoundment by City   The Police Department may remove or cause to be removed to the City Hall, or any other place within the city, selected for the purpose of any personal property described in 12.0401 and may impound and retain the same until the expense of removal, storage and impounding is paid, together with the amount of any fine, costs, bail or other claims of the city against the owner, or any other person lawfully entitled to the possession thereof.

	12.0405   Removal and Impoundment - When Sold   If not reclaimed and redeemed by the true owner or the person lawfully entitled to the possession thereof within a period of thirty (30) days after impounding, any article of personal property described in 12.0401 may be sold and disposed of by the Police Department in the manner hereinafter provided.  Notice that such property 

will be sold shall be published once, at least six (6) days prior to the sale, in a newspaper published in the city or if none in the official newspaper of the county.  Such notice shall specify a description of the property to be sold, the time and place of sale, and shall be signed by the Chief of Police.  Such sale shall be held between the hours of 9:00 o'clock A.M. and 5:00 o'clock P.M. of the day specified in the notice.  Such sale shall be held at the front door of the City Hall, or at the location of the property to be sold.  Any sale may be postponed or discontinued by public announcement at the time of the sale where there are no bidders or when the amount offered is grossly inadequate, or for other reasonable cause.  The city may become a purchaser of any or all property at such sale.  The Chief of Police shall give the purchaser at such sale a certificate of purchase of such property.

	12.0406	Removal and Impoundment Proceeds	
Within thirty (30) days after such sale, the person making the sale shall make out, in writing, and file with the city a full report of such sale specifying the property sold, the amount received therefore, the amount of costs and expenses, the disposition made by him of the proceeds of the sale.  The proceeds arising from such sale shall be delivered over to the City Auditor and credited to the general fund.

ARTICLE 5	Penalty for Violation of this Chapter

	12.0501  Penalty   Any person who shall violate any provisions of this chapter or who shall fail to comply with any order as affirmed or modified by the governing body or court of competent jurisdiction enforcing the provisions of this chapter shall be guilty of an offense and be punishable by a fine of not more than Five Hundred dollars ($500.00).  
	The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy 
		such violations or defects within a reasonable time.  The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

	CHAPTER THIRTEEN

OFFENSES

ARTICLE 1 - In General

13.0101  Criminal Contempt
13.0102  Hindering Proceedings by Disorderly Conduct
13.0103  Fleeing or Attempting to Elude a Police Officer
13.0104  Interference with Officers
13.0105  False Alarms or False Reports

ARTICLE 2 - Offenses Against Persons

13.0201  Simple Assault
13.0202  Sexual Assault
13.0203  Harassment

ARTICLE 3 - Offenses Against Property

13.0301  Criminal Mischief
13.0302  Tampering with or Damaging a Public Service
13.0303  Consent as a Defense and Definition of "of another" for Criminal 
	    Mischief or Tampering with or Damaging a Public Service
13.0304  Criminal Trespass
13.0305  Consolidated Theft Offenses
13.0306  Theft of Property
13.0307  Theft of Services
13.0308  Theft of Property Lost, Mislaid or Delivered by Mistake
13.0309  Thefts Punishable under City Ordinances
13.0310  Defrauding Secured Creditors
13.0311  Retail Theft - Shoplifting
13.0312  Defenses and Proof as to Theft and Related Offenses
13.0313  Definitions

ARTICLE 4 - Offenses Against Public Order, Health, Safety and Sensibilities

13.0401  Engaging in a Riot
13.0402  Disobedience of Public Safety Orders Under Riot Conditions
13.0403  Disorderly Conduct
13.0404  Cruelty to Animals
13.0405  Persons Less than Twenty-One (21) Years Prohibited - Exceptions	
13.0406  Prohibition as to Persons Under Twenty-One (21) Years of Age
		    - Penalty - Exceptions
13.0407  Misrepresentation of Age - Obligation of Licensee
13.0408  Bottle Clubs Prohibited
13.0409  Public Intoxication - Assistance - Medical Care
13.0410  No Prosecution for Intoxication
13.0411  Objectionable Materials or Performance - Display to Minors - 
	        Definitions - Penalty

ARTICLE 5 - Sentencing

13.0501  Classification of Offenses
13.0502  Sentencing Alternatives
13.0503  Procedure for Trial of Infraction - Incidents
13.0504  Special Sanction for Organizations
13.0505  Factors to be Considered in Sentencing
13.0506  Imposition of Fine - Response to 
	    Non-Payment
13.0507  Incidents of Probation
13.0508  Conditions of Probation - Revocation
13.0509  Restitution or Reparation - Procedures
13.0510  Merger of Sentences - Sentencing for Multiple Offenses

ARTICLE 6 - Penalties

CHAPTER THIRTEEN

OFFENSES

ARTICLE 1 - In General

	13.0101  Criminal Contempt

1.	The Municipal Court has power to punish for contempt of its authority only for the following offenses:

a.	Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
b.	Misbehavior of any of its officers in their official transactions; or
c.	Disobedience or resistance to its lawful writ, process, order, rule, decree or command.

2.	Except as otherwise provided, a criminal contempt proceeding under this section shall be deemed a prosecution for an offense for the purposes of North Dakota Century Code Chapters 12.1-01 through 12.1-05, North Dakota Century Code Chapter 12.1-32, and Article 5 of this chapter.

3.	A criminal contempt proceeding under this section is not a bar to subsequent prosecution for a specific offense if the court certifies in the judgment of conviction of criminal contempt, or the order terminating the proceeding without acquittal or dismissal, that a summary criminal contempt proceeding was necessary to prevent repetition of misbehavior disruptive of an ongoing proceeding and that subsequent prosecution as a specific offense is warranted.  In a subsequent prosecution, the defendant shall receive credit for all time spent in custody and any fine paid by him pursuant to the criminal contempt proceeding.

4.	This section shall not be construed to deprive a court of its power, by civil contempt proceedings, to compel compliance with its lawful writ, process, order, rule, decree or command or to compensate a complainant for losses sustained by  reason of disobedience or resistance thereto, in accordance with the prevailing usages of law and equity, including the power of detention.

	13.0102  Hindering Proceedings by Disorderly Conduct

	A person is guilty of an offense if he recklessly hinders an official city proceeding by noise or violent or tumultuous behavior or disturbance.

	13.0103  Fleeing or Attempting to Elude a Police Officer

	Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop, is guilty of a class A misdemeanor for a first offence and a class C felony for a subsequent offence within three years. A signal complies with this section if the signal is perceptible to the driver and:

	1.	If given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the stopping vehicle is appropriately marked showing it to be an official police vehicle; or

	2.	If not given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the officer is in uniform and prominently displays the officer’s badge of office.

	13.0104  Interference with Officers

	No person in the city shall resist any police or fire officer, any member of the police or fire departments, or any person duly empowered with police or fire authority, while in the discharge or apparent discharge of his duty, or in any way interfere with or hinder in the discharge of his duty.

	13.0105  False Alarms or False Reports

	No person in the city shall intentionally make, turn in, or give a false alarm of fire, or of need for police or ambulance assistance, or aid or abet in the commission of such act.  No person in the city shall make to, or file with, the police department of the city any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring in the city.

	13.0106 Interference with Telephone during emergency call

	A person is guilty of an offence if that person removes, damages, of obstructs any telephone or telephone line or any part or apparatus on the line, or severs any wire connected to the line, so as to interfere with an emergency telephone call. The offence is a class C felony if it is done intentionally, and shall be prosecuted in District court. The offence is a class A misdemeanor if it was done knowingly or recklessly. 

ARTICLE 2 - Offenses Against Persons

	13.0201  Simple Assault

1.	A person is guilty of an offense if he:

a.	Willfully causes bodily injury to another human being; or 

b.	Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.

2.	Simple assault is a class B misdemeanor except when the victim is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact, a person engaged in a judicial proceeding, or a member of a municipal or volunteer fire department or emergency medical services personnel unit or emergency department worker in the performance of the member’s duties, in which case the offence is a class C felony.	
	13.0202  Sexual Assault

	1.		A person who knowingly has sexual contact with another, or who causes such other person to have sexual contact with that person, is guilty of an offense if:

a.	That person knows or has reasonable cause to believe that the contact is offensive to the other person;

b.	That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person’s conduct;

c.	That person or someone with that person’s knowledge has substantially impaired the victim’s person's power to appraise or control the victim’s conduct, by administering or employing without the other's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1 of the North Dakota Century Code, or other means for the purpose of preventing resistance;

d.	The other person is in official custody or detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over that other person

		e.	The other person is a minor, fifteen years of age or older, and the actor is the other person’s parent, guardian, or is otherwise responsible for the general supervision of the other person’s welfare; or

		f.	The other person is a minor, fifteen years of age or older, and the actor is an adult.

	2.	The offense is a class C felony if the actor’s conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age, a class A misdemeanor if the actor’s conduct violates subsection f of subsection 1 if the adult is at least eighteen years of age and not twenty-two years of age or older, or a class B misdemeanor if the actor’s conduct violates subdivision a of subsection 1.

	13.0203  Harassment

	1.	A person is guilty of an offense if, with intent to frighten or harass another, he:

a.	Communicates in writing or by telephone a threat to inflict injury on any person, to anyone’s reputation, or to any property;

	   b.	Makes a telephone call anonymously or in offensively coarse language;

		c.	Makes repeated telephone calls, whether or not conversation ensues, with no purpose of legitimate communication; or

d.	Communicates a falsehood by telephone and causes mental anguish. 
 
	2.	The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or subsection 4.Otherwise, it is a class B misdemeanor.

	3.	Any offense defined herein and committed by use of the telephone may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.

	4.	A person who telephones a 911 emergency line with the intent to annoy or harass another person or who makes a false 911 report is guilty of a class A misdemeanor.
			a.	Intent to annoy or harass is established by proof of one or more calls with no legitimate 911 purpose.

			b.	Upon conviction of a violation of this subsection, a person is also liable for all of the costs incurred by any unnecessary emergency response.  
	
ARTICLE 3 - Offenses Against Property

	13.0301  Criminal Mischief

	A person is guilty of an offense if he:

a.	Willfully tampers with tangible property of another so as to endanger person or property; or
b.	Willfully damages tangible property of another.

	Conduct is punishable as criminal mischief under this ordinance when pecuniary loss, if intentionally caused, is not in excess of Two Thousand and No/100 Dollars ($2000.00); or if recklessly caused, and if the damages to tangible property of another are not by means of an explosive or a destructive device.

	c.	The penalty for the offense of criminal mischief may not exceed a fine of Two Thousand and No/100 Dollars ($2,000.00), imprisonment for thirty (30) days, or both such fine and imprisonment.  

	13.0302  Tampering with or Damaging a Public Service

	A person is guilty of an offense if he negligently causes a substantial interruption or impairment of a public communication, transportation, supply of water, gas, power or other public service by:

a.	Tampering with or damaging the tangible property of another;
b.	Incapacitating an operator of such service; or
c.	Negligently damaging the tangible property of another by fire, explosive or other dangerous means. 

	13.0303  Consent as a Defense and Definition of "of another" for Criminal Mischief or Tampering with or Damaging a Public Service

	For prosecution of criminal mischief under 13.0301 or tampering with or damaging a public service under 13.0302.

1.	Whenever it is an element of the offense that the property is of another, it is a defense to a prosecution under those sections that the other has consented to the actor's conduct with respect to the property.

2.	Property is that "of another" if anyone other than the actor has a possessory or proprietary interest therein. 

	13.0304  Criminal Trespass

	1.	A person is guilty of a class C felony if, knowing that he is not licensed or privileged to do so, he enters or remains in a dwelling or in a highly secured premises.

	2.	A person is guilty of a class A misdemeanor if,  person is guilty of an offense if, knowing that he is not licensed or privileged to do so, he:
		a.	Enters or remains in any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; or

		b.	Enters or remains in any place so enclosed as manifestly to exclude intruders.

	3.	A person is guilty of a class B misdemeanor if, knowing that person is not licensed or privileged to do so, that person enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the person in charge of the premises or other authorized person or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters. A person who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two- year period.

	4.	A person is guilty of a class B misdemeanor if that person remains upon the property of another after being requested to leave the property by a duly authorized person. A person who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

	5.	This section does not apply to a peace officer in the course of discharging the peace officer’s official duties.

	13.0305  Consolidated Theft Offenses

1.	Conduct denominated theft in 13.0306 to 13.0308 constitutes a single offense designed to include the separate offenses heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation of public funds, swindling and the like.

2.	A charge of theft under 13.0306 to 13.0308 which fairly apprises the defendant of the nature of the charges against him shall not be deemed insufficient because it fails to specify a particular category of theft.  The defendant may be found guilty of theft under such charge if his conduct falls under 13.0306 to 13.0308, so long as  the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case he must meet.  

-
	13.0306  Theft of Property

	A person is guilty of theft if he:

a.	Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof;

b.	Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat; or

c.	Knowingly receives, retains or disposes of property of another which has been stolen, with intent to deprive the owner thereof.

	13.0307  Theft of Services

	A person is guilty of theft if:

a.	He intentionally obtains services, known by him to be available only for compensation, by deception, threat, false token or other means to avoid payment for the services; or

b.	Having control over the disposition of services of another to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.

	Where compensation for services is ordinarily paid immediately upon their rendition, as in the case of hotels, restaurants, and comparable establishments, absconding without payment or making provision to pay is prima facie evidence that the services were obtained by deception. 

	13.0308  Theft of Property Lost, Mislaid or Delivered by Mistake

	A person is guilty of theft if he:

a.	Retains or disposes of property of another when he knows it has been lost or mislaid; or

b.	Retains or disposes of property of another when he knows it has been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property;

and with intent to deprive the owner of it, he fails to take readily available and reasonable measures to restore the property to a person entitled to have it.  (Source:  North Dakota Century Code Section 12.1-23-04).

	13.0309  Thefts Punishable Under City Ordinances

	Theft under 13.0306  to 13.0308 may be punished as an offense against the city ordinances if the highest value by any reasonable standard, regardless of the actor's knowledge of such value, of the property or services which were stolen by the actor, or which the actor believed that he was stealing, or which the actor could reasonably have anticipated to have been the property or services involved, does not exceed Two Hundred Fifty and No/100 Dollars ($250.00) and if:

a.	The theft was not committed by threat;

b.	The theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft;

c.	The defendant was not a public servant or an officer or employee of a financial institution who committed the theft in the course of his official duties;

d.	The property stolen is not a firearm, ammunition, explosive or destructive device, or an automobile, aircraft or other motor-propelled vehicle;

e.	The property does not consist of any government file, record, document or other government paper stolen from any government office or from any public servant;

f.	The defendant is not in the business of buying or selling stolen property and he does not receive, retain or dispose of the property in the course of that business;

g.	The property stolen does not consist of any implement, paper or other thing uniquely associated with the preparation of any money, stamp, bond or other document, instrument or obligation of the State of North Dakota;

h.	The property stolen does not consist of a key or other implement uniquely suited to provide access to property the theft of which would be a felony or was not stolen to gain such access.

	13.0310  Defrauding Secured Creditors

1.	A person is guilty of an offense if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to prevent collection of the debt represented by the security interest or if he makes false statements at the time of sale as to the existence of security interests or as to the ownership or location of such property in the certificate provided for under Section 41-09-28.

2.	The offense is a class C felony if the property has a value exceeding Five Hundred and No/100 Dollars ($500.00), and a class A misdemeanor in all other cases.  Value is to be determined as provided in Subsection 6 of Section 12.1-23-05.

	13.0311  Retail Theft - Shoplifting

1.	Presumption.  Any person concealing upon his person or among his belongings, or causing to be concealed upon the person or among the belongings of another, unpurchased merchandise displayed, held, offered or stored for sale in a retail mercantile establishment and removing it to a point beyond the last station for receiving payments in that retail mercantile establishment shall be prima facie presumed to have so concealed such merchandise with the intention of permanently depriving the merchant of possession or of the full retail value of such merchandise.

2.	Detention of suspect - Procedure.  Any peace officer or merchant who reasonably believes that a person has committed, or is in the process of committing theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

a.	To require the person to identify himself;

b.	To verify such identification;

c.	To determine whether such person has in his possession unpurchased merchandise, and, if so, to recover such merchandise;

d.	To inform a peace officer of the detention of the person and surrender custody of that person to a peace officer;

e.	In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of said minor to the person informed.

3.	Definitions.  As used in this section, unless the context requires otherwise:

a.	"Merchandise" means any item of tangible personal property and specifically includes shopping carts.

b.	"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, franchise or independent contractor or such owner or operator.

c.	"Retail mercantile establishment" means any place where merchandise is displayed, held, offered or stored for sale to the public.

d.	"Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant, or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of said retail mercantile establishment.

e.	"Person" means any natural person or individual.

f.	"Full retail value" means the merchant's stated or advertised price of the merchandise.

g.	"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.

h.	An item is "concealed" within the meaning of this section if, even though there is some notice of its presence, the item itself is not visible through ordinary observation.

i.	Theft of unpurchased merchandise, displayed, held, offered or stored for sale in a mercantile establishment from that establishment when open for business is "shoplifting" for which the offender may be assessed a penalty upon conviction not exceeding One Thousand and No/100 Dollars ($1,000.00), imprisonment of thirty (30) days, or both such fine and imprisonment.

	13.0312  Defenses and Proof as to Theft and Related Offenses

1.	It is a defense to a prosecution under 13.0305 and 13.0313 that:

a.	The actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him; or

b.	The victim is the actor's spouse, but only when the property involved constitutes household or personal effects or other property normally accessible to both spouses and the parties involved are living together.  The term "spouse", as used in this section, includes persons living together as husband and wife.

2.	It does not constitute a defense to a prosecution for conduct constituting an offense in violation of 13.0305 and 13.0313 that:

a.	Stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed;

b.	A facility or an opportunity to engage in such conduct including offering for sale property not stolen as if it were stolen, was provided; or

c.	Mere solicitation that would not induce an ordinary law-abiding person to engage in such conduct was made by a law enforcement officer to gain evidence against a person predisposed to engage in such conduct.

3.	a.	It shall be a prima facie case of theft under 13.0305 to 13.0313 if it is shown that a public servant or an officer, director, agent, employee of, or a person connected in any capacity with a financial institution has failed to pay or account upon lawful demand for money or property entrusted to him as part of his official duties or if an audit reveals a shortage or falsification of his accounts.
b.	Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.

c.	Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.

	13.0313  Definitions

	For 13.0305 through 13.0312
1.	"Deception" means:

a.	Creating or reinforcing a false impression, including false impressions as to fact, law, status, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not substantially perform the promise unless it is part of a continuing scheme to defraud; or

b.	Preventing another from acquiring information which would affect his judgment of a transaction; or

c.	Failing to correct a false impression which the actor previously created or reinforced, or which he knows to be influencing another to whom he stands in fiduciary or confidential relationship; or

d.	Failing to correct an impression which the actor previously created or reinforced and which the actor knows to have become false due to subsequent events; or

e.	Failing to disclose a lien, adverse claim, or other impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained or in order to continue to deprive another of his property, whether such impediment is or is not valid, or is or is not a matter of official record; or

f.	Using a credit card, charge plate or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (I.) where such instrument has been stolen, forged, revoked or canceled, or where for any other reason its use by the actor is unauthorized, and (ii.) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument; or

g.	Any other scheme to defraud.  The term "deception" does not, however, include falsifications as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.  "Puffing" means an exaggerated commendation of wares in communications addressed to the public or to a class or group.

2.	"Deprive" means:

a.	To withhold property or to cause it to be withheld either permanently or under such circumstances that a major portion of its economic value, or its use and benefit, has, in fact, been appropriated; or

b.	To withhold property or to cause it to be withheld with the intent to restore it only upon the payment of a reward or other compensation; or

c.	To dispose of property or use it or transfer any interest in it under circumstances that make its restoration, in fact, unlikely.

3.	"Fiduciary" means a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

4.	"Financial institution" means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

5.	"Obtain" means"

a.	In relation to property, to bring about a transfer or purported transfer of an interest in the property, whether to the actor or another; or

b.	In relation to services, to secure performance thereof.

6.	"Property" means any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents although the rights represented thereby have no physical location), contract right, chose-in-action, interest in or claim to wealth, credit or any other article or thing of value of any kind.  "Property" also means real property, the location of which cannot be moved if the offense involves transfer or attempted transfer of an interest in the property.

7.	"Property of another" means property in which a person other than the actor or in which a government has an interest without consent, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person or government might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband.  Property in possession of the actor shall not be deemed property of another who has a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.  "Owner" means any person or a government with an interest in property such that it is "property of another" as far as the actor is concerned.

8.	"Receiving" means acquiring possession, control or title, or lending on the security of the property.

9.	"Services" means labor, professional service, transportation, telephone, mail or other public service, gas, electricity and other public utility services, accommodations in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other property.

    10.	"Stolen" means property which has been the subject of theft or robbery or a vehicle which is received from a person who is then in violation of North Dakota Century Code Section 12.1-23-06.

    11.	"Threat" means an expressed purpose, however communicated, to:

a.	Cause bodily injury in the future to the person threatened or to any other person; or

b.	Cause damage to property; or

c.	Subject the person threatened or any other person to physical confinement or restraint; or

d.	Engage in other conduct constituting a crime; or

e.	Accuse anyone of a crime; or

f.	Expose a secret or publicize an asserted fact, whether true or false, tending to subject a person living or deceased, to hatred, contempt or ridicule or to impair another's credit or business repute; or

g.	Reveal any information sought to be concealed by the person threatened; or

h.	Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

i.	Take or withhold official action as a public servant, or cause a public servant to take or withhold official action; or

j.	Bring about or continue to strike, boycott or other similar collective action to obtain property or deprive another of his property which is not demanded or received for the benefit of the group which the actor purports to represent; or

k.	Cause anyone to be dismissed from his employment, unless the property is demanded or obtained for lawful union purposes; or

l.	Do any other act which would not in itself substantially benefit the actor or a group he represents but which is calculated to harm another person in a substantial manner with respect to his health, safety, business, employment, calling, career, financial condition, reputation or personal relationship.  Upon a charge of theft, the receipt of property in consideration for taking or withholding official action shall be deemed to be theft by threat regardless of whether the owner voluntarily parted with his property or himself initiated the scheme.

    12.	"Traffic" means:
a.	To sell, transfer, distribute, dispense or otherwise dispose of to another person; or

b.	To buy, receive, possess or obtain control of, with intent to sell, transfer, distribute, dispense or otherwise dispose of to another person.

    13.	"Dealer in property" means a person who buys or sells property as a business.

ARTICLE 4 - Offenses Against Public Order, Health, Safety and Sensibilities

	Division 1.  Riot

	13.0401  Engaging in a Riot

1.	A person is guilty of an offense if he engages in a riot.

2.	"Riot" means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.

	13.0402  Disobedience of Public Safety Orders Under Riot Conditions

	A person is guilty of an offense if, during a riot as defined in 13.0401(2), or when one is immediately impending, he disobeys a reasonable public safety order to move, disperse or refrain from specified activities in the immediate vicinity of the riot.  A public safety order is an order designated to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene

	13.0403  Disorderly Conduct

1.	A person is guilty of a class B misdemeanor, if with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another is harassed, annoyed or alarmed by his behavior, the individual:

a.	Engages in fighting or in violent, tumultuous or threatening behavior;

b.	Makes unreasonable noise;

		c.	In a public place, uses abusive or obscene language, knowingly exposes that person’s penis, vulva, or anus, or makes an obscene gesture;

d.	Obstructs vehicular or pedestrian traffic, or the use of a public facility;

e.	Persistently follows a person in or about a public place or places;

f.	While loitering in a public place for the purpose of soliciting sexual contact, the individual solicits such contact;
g.	Creates a hazardous, physically offensive, or seriously alarming condition by any act that serves no legitimate purpose; or

h.	Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

	2.	This section does not apply to constitutionally protected activity. If an individual claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

	13.0404  Cruelty to Animals

1.	It is an offense for any person to:

a.	Overdrive, overload, torture, cruelly beat, neglect or unjustifiably injure, maim, mutilate or kill any animal, or cruelly work any animal when unfit for labor;
b.	Deprive any animal over which he has charge or control of necessary food, water or shelter;
c.	Keep any animal in any enclosure without exercise and wholesome change of air;
d.	Abandon any animal;
e.	Allow any maimed, sick, infirm or disabled animal of which he is the owner, or of which he has custody, to lie in any street, road or other public place for more than three (3) hours after notice;
f.	No person shall willfully instigate, or in any way further, any act of cruelty to any animal or animals, or any act tending to produce such cruelty.
g.	Cage any animal for public display except as allowed by North Dakota Century Code Section 36-21.1-02(7);
h.	Administer or expose any known poisonous substance or noxious drug, whether mixed with meat or other food or not, which may be eaten or is eaten by any domestic animal.

2.	The word "animal" includes every living animal except the human race; the word "torture" or "cruelty" includes every act, omission, or neglect whereby unnecessary or unjustifiable pain, suffering or death shall be caused or permitted.

	13.0405  Persons under Twenty-One (21) Years of Age Prohibited form Manufacturing, purchasing, Consuming, or possessing Alcoholic Beverages or Entering Licensed Premises - Penalty - Exceptions - Referrals to Addiction Facilities - Jurisdiction

	Except as permitted in this section and section 13.0406, any person under twenty-one (21) years of age manufacturing or attempting to manufacture alcoholic beverages, purchasing or attempting to purchase alcoholic beverages, consuming or having recently consumed alcoholic beverages other than during a religious service, being under the influence of alcoholic beverages, or being in possession of alcoholic beverages, or furnishing money to any person for such purchase, or entering any licensed premises where such beverages are being sold or displayed, except a restaurant when accompanied by a parent or legal guardian, or in accordance with 13.0406, or if the person is a law enforcement officer or other public official entering the premises in the performance of an official duty, is guilty of a class B misdemeanor.  The court may, under this section, refer the person to an outpatient addiction facility licensed by the state department of human services for evaluation and appropriate counseling or treatment. The offense of consumption occurs in the county of consumption or the county where the offender is arrested.

	13.0406  Prohibition as to persons under Twenty-One (21) Years of Age 	- Penalty - Exceptions

Except as permitted in this Section, any licensee who dispenses alcoholic beverages to a person under twenty-one (21) years of age, or who permits such a person to remain on the licensed premises while alcoholic beverages are being sold or displayed, is guilty of a class A misdemeanor, subject to the provisions of Sections 5-01-08, 5-01-08.1 and 5-01-08.2 of the North Dakota Century Code. Any person under twenty-one (21) years of age may remain in a restaurant where alcoholic beverages are being sold if the restaurant is separate from the room in which alcoholic beverages are opened or mixed, and gross sales of food are at least equal to gross sales of alcoholic beverages which are consumed in the dining area,  if the person is employed by the restaurant as a food waiter, food waitress, busboy or busgirl, under the direct supervision of a person twenty-one (21) or more years of age, and not engaged in the sale, dispensing, deliver or consumption of alcoholic beverages, or if the person is a law enforcement officer or other public official entering the premises in the performance of an official duty. Any person under twenty-one (21) years of age may remain in an area of a site where beer, wine, or sparkling wine is sold in accordance with the conditions of an event permit issued pursuant to section 5-02-01.1 of the North Dakota Century Code. Any person who is nineteen (19) years of age or older but under twenty-one (21) years of age may be employed by the restaurant to serve and collect money for alcoholic beverages, if the person is under the direct supervision of a person twenty-one (21) or more years of age, but may not be engaged in mixing, dispensing, or consuming alcoholic beverages. Any establishment where alcoholic beverages are sold may employ persons from eighteen (18) to twenty-one (21) years of age to work in the capacity of musicians under the direct supervision of a person over twenty-one (21) years of age.

	13.0407  Misrepresentation of Age - Obligations of Licensee

	Any person who shall misrepresent or misstate his age or the age of any other person, or shall misrepresent his age through presentation of any document purporting to show such person to be of legal age to purchase alcoholic beverages shall be guilty of an offense.  Every licensee shall be required to keep a book which such licensee and his employees shall require anyone who has shown documentary proof of his age, which substantiates his age to allow the purchase of alcoholic beverages, to sign such book of the age of such person is in question.  Such book shall show the date of the purchase, the identification used in making the purchase and the appropriate numbers of such identification, the address of the purchaser, and his signature

	13.0408 Bottle Clubs Prohibited

	Any person operating an establishment whereby persons are allowed to bring their own alcoholic beverages on the premises where the proprietor sells soft drinks, mix, ice, or charges for bringing such beverages on the premises, is guilty of an offense. 

	13.0409  Public Intoxication - Assistance - Medical Care

	A peace officer has authority to take any apparently intoxicated person to the person’s home, to a local hospital, to a detoxification center, or, whenever that person constitutes a danger to that person or others, to a jail for the purposes of detoxification.  A duly licensed physician of such local hospital or a licensed addiction counselor of a detoxification center has authority to hold such person for treatment up to seventy-two (72) hours.  That intoxicated person shall not be held in jail because of intoxication more than twenty-four (24) hours.  An intoxicated person shall not be placed in a jail unless a jailer is constantly present within hearing distance and medical services are provided when the need is indicated.  Upon placing that person in a hospital detoxification center, or jail, the peace officer shall make a reasonable effort to notify the intoxicated person's family as soon as possible.  Any additional costs incurred by the city on account of an intoxicated person shall be recoverable from that person.  

	13.0410  No Prosecution for Intoxication

	No person shall be prosecuted solely for public intoxication.  Law enforcement officers may utilize standard identification procedures on all persons given assistance because of apparent intoxication. 

	13.0411  Objectionable Materials or Performance - Display to Minors - Definitions - Penalty

1.	A person is guilty of an offense if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust or perversion for commercial gain.

2.	As used in this section:

a.	"Nude or partially denuded human figures" means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernible turgid state even if completely and opaquely covered.

b.	Where minors are or may be invited as a part of the general public includes any public roadway or public walkway.

c.	The above shall not be construed to include a bona fide school, college, university, museum, public library or art gallery.

ARTICLE 5 - Sentencing

	13.0501  Classification of Offenses

	Offenses against the ordinances of this city are divided into Four (4) classes, as follows:

1.	A class A misdemeanor, for which a maximum penalty of one year’s imprisonment, a fine of two thousand and No/100 Dollars ($2,000.00), or both, may be imposed.

2.	A class B misdemeanor, for which a maximum penalty of thirty day’s imprisonment or a fine of one thousand and No/100 Dollars ($1,000.00), or both may be imposed. 

	3.	Infraction, for which a maximum fine of five hundred and No/100 Dollars may be imposed.  Any person convicted of an infraction who has, within one year prior to commission of the infraction of which the person was convicted, been previously convicted of an offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor.  If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint shall specify that the offence is a misdemeanor

3.	All violations of the provisions of the ordinances of this city are offenses unless specifically labeled infractions or unless a different classification or punishment is specifically authorized.

4.	Section 40-05-06 shall not be construed to prohibit the utilization of the sentencing alternatives, other than a fine or imprisonment, provided by Section 12-1-32-02 for the violation of a city ordinance, nor shall this section limit the use of deferred or suspended sentences pursuant to Chapter 12-53.

	13.0502  Sentencing Alternatives

1.	Every person convicted of an offense who is sentenced by the court shall be sentenced to one or a combination of the following alternatives, unless the sentencing alternatives are otherwise specifically provided in the statute defining the offense:

a.	Payment of the reasonable costs of his prosecution;

b.	Probation;

c.	A term of imprisonment, including intermittent imprisonment;

d.	A fine;

e.	Restitution for damages resulting from the commission of the offense;

f.	Restoration of damaged property, or other appropriate work detail;

g.	Commitment to an appropriate licensed public or private institution for treatment of alcoholism, drug addiction or mental disease or defect.

h.	Commitment to any other facility or program deemed appropriate for the treatment of the individual offender, including available community-based programs.

	Sentences imposed under this subsection shall not exceed in duration the maximum sentences provided in 13.0501 or as provided specifically in an ordinances defining an offense.

	This subsection shall not be construed as not permitting the unconditional discharge of an offender following conviction.  Sentences under subdivisions e and f shall be imposed in the manner provided in 13.0309.  This subsection shall not be construed to prohibit utilization of North Dakota Century Code Section 40-18-13 relating to suspension of sentence, nor shall this subsection limit the conditions which can be imposed on a probationer under 13.0507.

2.	Credit against any sentence to a term of imprisonment shall be given by the court to a defendant for all time spent in custody as a result of the criminal charge for which the sentence is imposed, or as a result of the conduct on which such charge was based.  "time spent in custody" shall include time spent in custody in a jail or mental institution for the offense charged, whether that time is spent prior to trial, during trial, pending sentence, or pending appeal.

3.	The court may suspend the execution of all or a part of the sentence imposed. The court shall place the defendant on probation during the term of suspension

	4.	The court, upon application or its own motion, may defer imposition of sentence. The court shall place the defendant on probation during the term of deferment. An order deferring imposition of sentence is reviewable upon appeal from a verdict or judgment. In any subsequent prosecution, for any other offense, the prior conviction for which imposition of sentence is deferred may be pleaded and proved, and has the same effect as if probation had not been granted or the information of indictment dismissed.	

	5.	All sentences imposed shall be accompanied by a written statement by the court setting forth the reasons for imposing the particular sentence.  The statement shall become a part of the record of the case.

6.	If an offender is sentenced to a term of imprisonment, that term of imprisonment commences at the time of the sentencing, unless, upon motion of the defendant, the court orders the term to commence at some other time.

	13.0503  Procedure for Trial of Infraction - Incidents

1.	Except as provided in this subsection, all procedural provisions relating to the trial of criminal cases as provided in the statutes or rules relating to criminal procedure shall apply to the trial of a person charged with an infraction.  A person charged with an infraction is not entitled to be furnished counsel at public expense nor to have a trial by jury pursuant to North Dakota Century Code Section 40-18-19 unless he may be subject to a sentence of imprisonment under subsection 2 of 13.0501.

2.	Except as provided in North Dakota Century Code Title 12.1 or the ordinances of this city, all provisions of law and rules of criminal procedure relating to offenses shall apply to infractions, including, but not limited to, the powers of law enforcement officers, the periods for commencing action and bringing a case to trial, and the burden of proof.

3.	Following conviction of an infraction, the offender may be sentenced in accordance with subsection 1 of 13.0502, except that a term of imprisonment may not be imposed except in accordance with subsection 3 of 13.0506 or subsection 2 of 13.0501.

4.	If an ordinance provides that conduct is an infraction without specifically including a requirement of culpability, no culpability is required.

5.	Except as provided in this section, 13.0501 or 13.0502, or as the context may otherwise indicate a differentiation between the infraction classification and the offense classification, the term "offense" refers to all violations of the ordinances of this city including infractions.

	13.0504  Special Sanction for Organizations

	When an organization is convicted of an offense, the court may, in addition to any other sentence which may be imposed, require the organization to give notice of its conviction to the persons or class of persons ostensibly harmed by the offense, by mail or by advertising in designated areas or by designated media or otherwise. 

	13.0505  Factors to be Considered in Sentencing

	The following factors, or the converse thereof where appropriate, while not controlling the discretion of the court, shall be accorded weight in making determinations regarding the desirability of sentencing an offender to imprisonment.

1.	The defendant's criminal conduct neither caused nor threatened serious harm to another person or his property.

2.	The defendant did not plan or expect that his criminal conduct would cause or threaten serious harm to another person or his property.

3.	The defendant acted under strong provocations.

4.	There were substantial grounds which, though insufficient to establish a legal defense, tend to excuse or justify the defendant's conduct.

5.	The victim of the defendant's conduct induced or facilitated its commission.

6.	The defendant has made or will make restitution or reparation to the victim of his conduct for the damage or injury which was sustained.
7.	The defendant has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period of time before the commission of the present offense.

8.	The defendant's conduct was the result of circumstances unlikely to recur.

9.	The character, history and attitudes of the defendant indicate that he is unlikely to commit another crime.

    10.	The defendant is particularly likely to respond affirmatively to probationary treatment.

    11.	The imprisonment of the defendant would entail undue hardship to himself or his dependents.

    12.	The defendant is elderly or in poor health.

    13.	The defendant did not abuse a pubic position of responsibility or trust.

    14.	The defendant cooperated with law enforcement authorities by bringing other offenders to justice, or otherwise cooperated.

	Nothing herein shall be deemed to require explicit reference to these factors in a presentence report or by the court at sentencing.

	13.0506  Imposition of Fine - Response to Non-Payment

1.	The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:

a.	The ability of the defendant to pay without undue hardship;

b.	Whether the defendant, other than a defendant organization, gained money or property as a result of commission;

c.	Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution;

d.	Whether a sentence to pay a fine will serve a valid rehabilitative purpose.

2.	The court may allow the defendant to pay any fine or costs imposed in installments.  When a defendant is sentenced to pay a fine or costs, the court shall not impose at the same time an alternative sentence to be served in the event that the fine or costs are not paid.

3.	If the defendant does not pay any fine or costs imposed, or make any required partial payment, the courts, upon motion of the prosecuting attorney or on its own motion, may issue an order to show cause why the defendant should not be imprisoned for nonpayment.  Unless the defendant shows that his default is excusable, the court may, after hearing, commit him to imprisonment until the fine, or costs or both, are fully paid or discharged by labor as provided in North Dakota Century Code Section 40-18-12.
	The court may not commit a person under this section when the sole reason for his nonpayment is his indigence.  An order of commitment under this subsection shall not be for a period in excess of thirty (30) days.  As used in this subsection, "fine" does not include a fee established pursuant to section 9.0208 of the ordinances of the City of New Salem.

	13.0507  Incidents of Probation

1.	Unless terminated as provided in subsection 2, the period during which a sentence to probation shall remain conditional and be subject to revocation is two (2) years.

2.	The court may terminate a period of probation and discharge the defendant at any time earlier than that provided in subsection 1 if warranted by the conduct of the defendant and the ends of justice.

3.	Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked, a judgment which includes such a sentence shall constitute a final judgment for all other purposes.

	13.0508  Conditions of Probation - Revocation

1.	The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him to do so.  The court shall provide as an explicit condition of every sentence to probation that the defendant not commit another offense during the period for which the sentence remains subject to revocation.

2.	When imposing a sentence to probation, the court may impose such conditions as it deems appropriate, and may include any one or more of the following:

a.	Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip him for suitable employment;

b.	Undergo available medical or psychiatric treatment and remain in a specified institution as required for that purpose;

c.	Attend or reside in a facility established for the instruction, recreation or residence of persons on probation;

d.	Support his dependents and meet other family responsibilities;

e.	Make restitution or reparation to the victim of his conduct for the damage or injury which was sustained, or perform other reasonable assigned work.  When restitution, reparation or assigned work is a condition of the sentence, the court shall proceed as provided in 13.0509;

f.	Pay a fine imposed after consideration of the provisions of 13.0506;

g.	Refrain from possessing a firearm, destructive device or other dangerous weapon unless granted written permission by the court;

h.	Refrain from excessive use of alcohol, or any use of narcotics or of another dangerous or abusable drug without a prescription;

i.	Promptly notify the court of any change of address or employment;

j.	Remain within the jurisdiction of the court, unless granted permission to leave by the court;

k.	Refrain from associating with known users or traffickers in narcotics, marijuana or other controlled substances.

3.	When a defendant is sentenced to probation, he shall be given a certificate explicitly setting forth the conditions on which he is being released.

4.	The court may, upon notice of the probationer, modify or enlarge the conditions of a sentence to probation at any time prior to the expiration or termination of the period for which the sentence remains conditional.  If the defendant violates a condition at any time prior to the expiration or termination of the period, the court may, pursuant to the procedure specified in N.D.R. Crim. P. 32(f), continue him on the existing sentence, without modifying or enlarging the conditions, or, if such continuation, modification, or enlargement is not appropriate, may impose any other sentence that was available under 13.0502 at the time of the initial sentencing.

5.	Jurisdiction over a probationer may be transferred from the court which imposed the sentence to another court of this state, with the concurrence of both courts.  Retransfers of jurisdiction may also occur in the same manner.  The court to which jurisdiction has been transferred under this subsection shall be authorized to exercise all powers permissible under this chapter over the defendant.

	13.0509  Restitution or Reparation - Procedures

1.	Prior to imposing restitution or reparation as a sentence or condition of probation, the court shall hold a hearing on the matter with notice to the prosecuting attorney and to the defendant as to the nature and amount thereof.  At or following the hearing, the court shall make determinations as to:

a.	The reasonable damages sustained by the victim or victims of the criminal offense, which damages shall be limited to fruits of the criminal offense and expenses actually incurred as a direct result of the defendant's criminal action;

b.	The ability of the defendant to restore the fruits of the criminal action or to pay monetary reparations, or to otherwise take action to restore the victim's property;

c.	The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitation purpose in the case of the particular offender considered.
	The court shall fix the amount of restitution or reparation, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection.  Any payments made pursuant to such order shall be deducted from damages awarded in a civil action arising from the same incident.  An order that a defendant make restitution or reparation as a sentence or condition of probation may, if the court so directs, be filed, transcribed, and enforced by the person entitled to the restitution or reparation in the same manner as civil judgments rendered by the courts of this state may be enforced.

2.	The court may order the defendant to perform reasonable assigned work as a condition of probation, which assigned work need not be related to the offense charged, but must not be solely for the benefit of a private individual other than the victim.

	13.0510  Merger of Sentences - Sentencing for Multiple Offenses

1.	Unless the court otherwise orders, when a person serving a term of commitment is committed for another offense or offenses, the shorter term 
or the shorter remaining term shall be merged in the other term.  When a person on probation or parole for an offense committed in this city is sentenced for another offense or offenses, the period still to be served on probation or parole shall be merged in any new sentence of commitment or probation.  When the court merges sentences under this subsection it shall forthwith furnish the penal facility in which the defendant is confined under sentence with authenticated copies of its sentence, which shall cite the sentences being merged.  If the court has imposed a sentence which is merged pursuant to this subsection, it shall modify such sentence in accordance with the effect of the merger.

2.	A defendant may not be consecutively sentenced to more than one year.

ARTICLE 6 - Penalties

	Any person who is convicted of violating or of failing to comply with any of the provisions of the ordinances contained in this chapter for which a penalty is not specifically set forth, may be punished by a fine of not more than Five Hundred and No/100 Dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or both; EXCEPT that any person who is convicted of the offense of Criminal Mischief or of Retail Theft - Shoplifting may be punished by a fine of not more than One Thousand and No/100 Dollars ($1,000.00) or by imprisonment not to exceed thirty (30) days or both.

CHAPTER FOURTEEN

FRANCHISE

ARTICLE 1 - Grant of Franchises

14.0101	Power to Grant
14.0102	Compliance with Applicable Law and Ordinances
14.0103	Indemnification 
14.0104	Insurance
14.0105	Transfer - Approval Required
14.0106	Franchise Not Exclusive
14.0107	Acceptance Required
14.0108	Franchises Set Forth

CHAPTER FOURTEEN

FRANCHISE

ARTICLE 1	Grant of Franchises

	14.0101   Power to Grant   The governing body may grant to any person, firm, partnership, association, corporation, company or organization of any kind a franchise or special right or privilege to operate or do business in the city, but such franchise shall be subject to the provisions of this article.

	14.0102   Compliance with Applicable Laws and Ordinances   The grantee of any franchise during the life of the franchise shall be subject to all lawful exercise of the police power of the city, and to such reasonable regulation as the city shall be resolution or ordinance provide.

	14.0103   Indemnification   The grantee of any franchise shall indemnify and save the city and its agents and employees harmless from all and any claims for personal injury or property damages and any other claims, costs, including attorney's fees, expenses of investigation and litigation of claims and suits thereon which may result from the activities of the grantee of the franchise in the city.

	14.0104   Insurance   Any grantee of a franchise by the city shall carry and keep in force a public liability policy of insurance, insuring the grantee of the franchise and the city against any and all liability of not less than Fifty Thousand and No/100 Dollars ($50,000.00) property damage, One Hundred Thousand and No/100 Dollars ($100,000.00) for any one person, personal injury or death, and Two Hundred Thousand and No/100 Dollars ($200,000.00) for any one accident resulting in personal injury or death.  The city may demand proof of such insurance coverage in an insurance company licensed to do business in the State of North Dakota.

	14.0105   Transfer - Approval Required   A franchisee shall not sell or transfer its franchise to another without having first obtained the approval of the City.  No purported sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the City Auditor an instrument, duly executed, reciting the fact of such sale, assignment or lease accepting the terms of the franchise and agreeing to comply with all of the provisions of this article.

	14.0106   Franchise Not Exclusive   Any franchise granted by the City shall not be exclusive and the City shall reserve the right to grant a similar franchise at any time during the franchise to any person, firm, partnership, corporation or organization.

	14.0107   Acceptance Required   Any grantee of a franchise shall file a written acceptance with the City Auditor which acceptance shall continue for the term of the franchise granted.

	14.0108   Franchises Set Forth   Existing franchises granted by the City shall be set forth in an appendix to this chapter.

CHAPTER FIFTEEN

CURFEW AND TOBACCO - JUVENILES

ARTICLE 1 - Tobacco Products - Juveniles

15.0101	Definitions
15.0102	Tobacco Use or Possession By Juveniles 
			- Prohibited

ARTICLE 2 - Sales of Tobacco Products

15.0201	Definitions
15.0202	Sale of Tobacco Products to Persons Under Eighteen Years of Age - Prohibited
15.0203	Sale of Tobacco Products By Vending Machine
15.0204	Displaying Tobacco Products in Public
15.0205	Penalty

CHAPTER FIFTEEN

TOBACCO - JUVENILES

ARTICLE 1 Tobacco Products - Juveniles

	15.0101	Definitions For the purpose of this article the following words shall have the meaning given herein:

1.		“Juvenile” means a person less than eighteen years of age.

1.		“Parent” means the father and/or mother or such other person who has legal charge or control of said juvenile.

	15.0102	Tobacco Use or Possession By Juveniles - Prohibited

1.		No person under 18 years of age shall possess, purchase, attempt to purchase, smoke or use cigarettes, cigars, cigarette papers, snuff or tobacco in any other form in which it may be utilized for smoking or chewing except that a person under 18 years of age employed by a licensed tobacco dealer or distributor may handle the tobacco products listed in this section as a part of his or her employment.  In addition, an individual under eighteen years of age may purchase and possess tobacco as part of a compliance survey program when acting with permission of the individual’s parent or guardian and while acting under the supervision of any law enforcement authority.  A state agency, city, county, board of health, tobacco retailer, or association of tobacco retailers may also conduct compliance surveys, after coordination with the appropriate local law enforcement authority.  Any person violating this section shall have committed a noncriminal violation and shall pay a fee of Fifty ($50.00) dollars, subject to the following procedures:

1.		Any individual who has been cited for a violation of Section 1 may pay the statutory fee in municipal court by the time scheduled for a first appearance or if a bond has been posted, may forfeit the bond by not appearing at the scheduled time.  An individual appearing at the time scheduled in the citation may make a statement in explanation of that individual’s action and the judge may waive, reduce, or suspend the statutory fee.  If the individual cited follows the procedures of this paragraph, that individual has admitted the violation and has waived the right to a hearing on the issue of commission of the violation.  A bond posted under Section 1 must be in the amount of Fifty ($50.00) dollars.  The halting officer shall not receive the statutory fee or a bond.

1.		If an individual cited for a violation under Section 1 does not choose to follow any procedure provided under paragraph 2 that individual may appear at the time scheduled in the citation and request a hearing on the issue of the commission of the violation charged.  The hearing must be held with 90 days of the first appearance.  At the time of request for a hearing on the issue of commission of the violation, the individual charged shall deposit with the court an appearance bond in the amount of Fifty ($50.00) dollars.  At the hearing on the violation, the City must prove the commission of a violation under this section by a preponderance of the evidence.  If the individual does not appear at the time set for the hearing on the violation, the citation shall be deemed admitted and the bond shall be forfeited.

1.		A person who admits, forfeits or is found guilty of violation of this section must attend an approved tobacco awareness class within 30 days of the date of the admission, forfeiture or finding of guilt.  A person who fails to comply with this paragraph is guilty of an offense.

1.		A law enforcement officer that cites a Juvenile for a violation of this section or the court shall mail a notice of the violation to the parent or legal guardian of the Juvenile within ten days of the citation.

1.		Any person who fails to answer a citation or summons issued under this section or pay the fee or post the bond specified as required is guilty of an offense.

ARTICLE 2 Sales of Tobacco Products		

	15.0201	Definitions For the purpose of this article the following words shall have the meaning given herein:

1.		“Tobacco Products” means any product that requires a North Dakota Tobacco Dealers License prior to selling.

1.		“Vending Machine” means any kind of device or mechanical machine which, upon insertion of a coin, coins, currency, tokens or other objects will release tobacco products in package or otherwise.

	15.0202	Sale of Tobacco Products to Persons Under Eighteen Years of Age - Prohibited	
Any person who sells, furnishes or procures cigarettes, cigarette paper, cigars, snuff or tobacco products in any form in which it may be utilized for smoking or chewing, to any person under the age of eighteen shall be guilty of an infraction.

	15.0203	Sale of Tobacco Products By Vending Machine
It shall be an infraction for any person to sell or dispense any tobacco through the use of a vending machine except that tobacco products may be offered for sale or sold from a vending machine on licensed on-sale or off-sale alcoholic beverage premises. Tobacco vending machines located upon licensed premises must be located within the immediate vicinity, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable.  The tobacco vending machine shall not be located in a coat room, restroom, unmonitored hallway, outer lobby or waiting area or similar unobserved area; nor shall the tobacco vending machine be accessible to the public when the establishment is closed.

	15.0204	Displaying Tobacco Products In Public
Except on licensed alcohol premises or other premises which are closed to people under 18 years of age, no tobacco products may be stored or displayed in a retail outlet in an area or in a manner which allows for self-service access by customers.

	15.0205 Penalty Any person, firm, corporation or association violating any of the provisions of this article shall upon conviction thereof, be subject to a fine of not to exceed Five Hundred and no/100 ($500.00).