Full Statute Name:  West's North Dakota Century Code Annotated. Title 40. Municipal Government. Chapter 40-05. Powers of Municipalities.

Share |
Primary Citation:  NDCC 40-05-02 Country of Origin:  United States Last Checked:  December, 2016 Alternate Citation:  ND ST 40-05-02 Date Adopted:  1877

This North Dakota statute provides that the city council in a city operating under the council form of government and the board of city commissioners in a city operating under the commission system of government, in addition to the powers possessed by all municipalities, shall have power to license dogs and to regulate the keeping of dogs including authorization for their disposition or destruction in order to protect the health, safety, and general welfare of the public.

Statute Text: 

[See Section 22 for Dog Provisions]

The city council in a city operating under the council form of government and the board of city commissioners in a city operating under the commission system of government, in addition to the powers possessed by all municipalities, shall have power:

1. Street railway and railway tracks. To permit, regulate, or prohibit the locating, constructing, or laying of railway or street railway tracks in any street, alley, or public place, and any permission given to a street railway may not be for a longer period than fifty years.

2. Sale of milk. To license the sale of milk.

3. Lumber, wood, coal, hay, and merchandise--Municipal scales. To regulate the inspecting, weighing, and measuring of lumber, firewood, coal, hay, and other articles of merchandise; establish or purchase one or more city scales and to require dealers in hay, coal, firewood, or any other commodity, which, in the judgment of the governing body, should be weighed upon the city scales, to use such scales in the sale of such commodity; and charge a reasonable fee for the use of such scales.

4. Fences and party walls. To regulate partition fences and party walls.

5. Jail, house of correction, workhouse. To establish, maintain, and regulate a city jail, house of correction, and workhouse for the confinement and reformation of disorderly persons convicted of violating any city ordinance and to appoint necessary jailers and keepers.

6. Building permits. To provide by ordinance and to fix the fees for the issuance of building permits.

7. Building construction--Fire escapes. To prescribe the manner of constructing buildings, structures, and the walls thereof, require and regulate the construction of fire escapes on buildings, and provide for the inspection of all buildings within the limits of the municipality and for the appointment of a building inspector.

8. Bridges, viaducts, tunnels, and overhead pedestrian bridges. To construct, keep in repair, and regulate the use of bridges, viaducts, overhead pedestrian bridges, and tunnels.

9. Police. To regulate the police of the municipality and to pass and enforce all necessary police ordinances.

10. Hospitals and medical dispensaries. To establish, control, and regulate hospitals and medical dispensaries.

11. Census. To provide for the taking of a census of the city, but no city census may be taken more often than once in every three years.

12. Redistricting city. To redistrict the city into wards and to prescribe the boundaries thereof.

13. Zoning. To adopt a zoning ordinance as provided in this title; regulate the location of junk shops, coalyards, garages, machine shops, power laundries, hospitals, and undertaking establishments; and establish building lines fixing the distance from the property line at which buildings may be erected.

14. Traffic regulation. To regulate, control, or restrict within designated zones, or congested traffic districts, except that the speed limit for vehicles on those streets designated as part of any state highway must be as determined by mutual agreement with the director of the department of transportation, the use of streets, alleys, or other public ways by various classes of traffic.

15. Driving while intoxicated. To prohibit by ordinance the operation of any motor vehicle or other conveyance upon the streets, alleys, or other public or private areas to which the public has a right of access for vehicular use within the city by any person under the influence of intoxicating liquor or a controlled substance.

16. Tourist camps. To license, regulate, and fix the location of any public or private tourist camp within the city.

17. Water supply. To withdraw from any stream, watercourse, or body of water within or without a city, or within or without, or bordering upon, this state, a supply of water reasonably sufficient for the needs of the inhabitants of the city, and to supply the facilities for the storage of water for all other necessary municipal purposes.

18. Dams for municipal water purposes. To erect dams upon or across streams, watercourses, or bodies of water within or without, or bordering upon, the boundaries of this state, and to improve, alter, or protect the bed, banks, or course thereof.

19. Water supply--Acquire necessary property. To acquire by gift, grant, lease, easement, purchase, or, subject to chapter 32-15, by eminent domain, and to own, operate, maintain, and improve, all lands, structures, power plants, public works, and personal property, whether within or without this state, necessary for the maintenance and conservation of its water supply.

20. Abandoned or unclaimed personal property. To provide by ordinance for the taking, storage, and disposal of any personal property abandoned or left unclaimed upon the streets, alleys, or other public ways of the city for a period exceeding ten days, and, after holding such property for a period of not less than sixty days, to sell the same at public sale after a notice published or posted at least ten days before the sale, and at such place, and in such manner as may be provided by ordinance. Upon the sale of the property, the city shall convey to the purchaser a merchantable title by a bill of sale. At any time within six months after the sale, the owner of the property, upon written application, is entitled to receive the proceeds of the sale from the city, less the necessary expense of taking, storing, and selling the property. The owner of the property may reclaim it at any time prior to the sale upon payment of the necessary expense of taking and storing.

21. Auditoriums and public buildings. To take charge of a fully completed auditorium or other property originally purchased or acquired for public use by public subscription, donation, sale of stock, or otherwise, if such auditorium or other property has been abandoned or lost by the original owner or owners, their successors or assigns, and to operate, maintain, repair, and keep such property for public use. In the ownership, management, use, or operation thereof, the city must be deemed to be exercising a governmental function.

22. Dogs. To license dogs, and to regulate the keeping of dogs, including authorization for their disposition or destruction in order to protect the health, safety, and general welfare of the public provided, however, that license fees are waived in the case of an assistance dog.

23. Substandard buildings or structures. The governing body of any city shall have the authority to provide by ordinance for the demolition, repair, or removal of any building or structure located within the limits of such city or other territory under its jurisdiction, which creates a fire hazard, is dangerous to the safety of the occupants or persons frequenting such premises, or is permitted by the owner to remain in a dilapidated condition. Any such ordinance must provide for written notice to the owner of a hearing by the governing body before final action is taken by such body. It must also provide a reasonable time within which an appeal may be taken by the owner from any final order entered by such governing body to a court of competent jurisdiction. The amount of the cost of any demolition, repair, or removal of a building or structure constitutes a lien against the real property from which the cost was incurred and the lien may be foreclosed in judicial proceedings in the manner provided by law for loans secured by liens on real property. If this amount is not adequate to cover the cost of demolition, repair, or removal, the city has a lien for the amount of the additional costs on all real property owned, or later acquired, by the owner in the city. If the city provides the amount of the lien and the name of the owner, the county auditor shall enter on the tax list the amount of the additional cost as a tax lien. The tax lien is enforceable by the city in the same manner as a tax lien by a county. This subsection in no way limits or restricts any authority which is now or may hereafter be vested in the state fire marshal for the regulation or control of such buildings or structures.

24. Assault and battery. To prohibit by ordinance and prescribe the punishment for the commission of assault and battery within the jurisdiction of the city.

25. Theft. To prohibit by ordinance and prescribe the punishment for the commission of theft, as defined by chapter 12.1-23, within the jurisdiction of the city.

26. Peace bonds. To provide by ordinance for the issuance of peace bonds by the municipal judge in accordance with the procedure in chapter 29-02.

27. Public transportation. To provide by ordinance for the purchase, acquisition, or establishment, and operation of a public transportation system. In the alternative, to provide for payments under a contract, approved by the governing body of the city, with a private contractor, for the provision and operation of a public transportation system within the city.

28. Traffic violation hearings. To enact an ordinance equivalent to section 39-06.1-04; provided, that the penalty assessed may not exceed that authorized by section 40-05-06.

29. Marijuana possession. To prohibit by ordinance any person, except a person operating a motor vehicle, from possessing not more than one-half ounce [14.175 grams] of marijuana, as defined by section 19-03.1-01, within the jurisdiction of a city, and to prescribe the punishment, provided the penalty assessed is subject to subsection 4 of section 19-03.1-23.

30. Establishment of administrative boards. To establish administrative boards or committees for the limited purpose of adjudicating a violation of a noncriminal city ordinance or noncriminal city code. An administrative board or committee may impose fines or other noncriminal penalties, including issuing orders of suspension and revocation of a permit or license. A decision by an administrative board or committee is subject to appeal to the governing body of the municipality.

S.L. 1887, ch. 73, art. 4, § 1; S.L. 1887, ch. 106, § 1; S.L. 1890, ch. 100, §§ 1, 2; S.L. 1897, ch. 102, § 1; S.L. 1897, ch. 148, § 1; S.L. 1899, ch. 40, § 1; S.L. 1905, ch. 62, § 47; S.L. 1905, ch. 186, § 1; S.L. 1907, ch. 45, § 48; S.L. 1907, ch. 268, § 1; S.L. 1911, ch. 77, § 48; S.L. 1911, ch. 79, § 1; S.L. 1913, ch. 81, § 1; S.L. 1913, ch. 291, § 1; S.L. 1933, ch. 175, § 1; S.L. 1945, ch. 252, §§ 1, 2; S.L. 1959, ch. 285, § 5; S.L. 1967, ch. 324, § 1; S.L. 1969, ch. 368, § 1; S.L. 1971, ch. 388, § 1; S.L. 1975, ch. 106, § 453; S.L. 1975, ch. 339, §§ 20, 21; S.L. 1981, ch. 408, § 1; S.L. 1983, ch. 455, § 1; S.L. 1987, ch. 73, § 25; S.L. 1987, ch. 490, § 1; S.L. 2001, ch. 258, § 7; S.L. 2007, ch. 293, § 18, eff. April 5, 2007; S.L. 2009, ch. 347, § 1, eff. Aug. 1, 2009; S.L. 2015, ch. 278, § 1, eff. Aug. 1, 2015.


Share |