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40-06 Governing Body in Municipalities, General Provisions

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CHAPTER 40-06GOVERNING BODY IN MUNICIPALITIES, GENERAL PROVISIONS40-06-01. Jurisdiction of governing body. Except as otherwise provided by law, agoverning body of a municipality has jurisdiction:1.Over any commons or public grounds belonging to such municipality and with the<br>consent of the majority of the owners thereof shall have power to regulate the banks,<br>shores, and wharves of that portion of any navigable stream within the corporate<br>limits; and2.In and over all places within one-half mile [804.67 meters] of the municipal limits for<br>the purpose of enforcing health ordinances and regulations, and police regulations<br>and ordinances adopted to promote the peace, order, safety, and general welfare of<br>the municipality.40-06-02. Meetings to be public - Journal of proceedings to be kept. All meetings ofthe governing body shall be open to the public, and a journal of its proceedings shall be kept.40-06-03. Quorum. A majority of the members of the governing body of a municipalityshall constitute a quorum to do business but a smaller number may adjourn from time to time.<br>The governing body may compel the attendance of absentees under such penalties as may be<br>prescribed by ordinance, and may employ the police of the municipality for that purpose.40-06-04.Reconsidering or rescinding vote at special meeting.No vote of thegoverning body of a municipality shall be reconsidered or rescinded at a special meeting unless<br>there is present at such special meeting as large a number of members as were present when<br>such vote was taken.40-06-05.Rules of procedure - Expelling members.The governing body of amunicipality shall determine its rules of procedure, punish its members or persons present for<br>disorderly conduct by fine, and with the concurrence of two-thirds of its members may expel a<br>member from a session but may not expel the member a second time for the same offense. The<br>governing body may fine or expel any member for neglect of duty or for unnecessary absence<br>from its sessions.40-06-06.Conviction of bribery - Office deemed vacant.Any member of a citygoverning body convicted of bribery shall be deemed to have vacated that member's office.40-06-07. Exercise of power through ordinance when method of procedure not setout. The governing body of a municipality may provide by ordinance the details necessary for<br>the full exercise of any power conferred upon it by any law of this state when the manner of<br>exercising such power is not specified otherwise.40-06-08. Action on committee reports deferred upon request. Upon the request ofany two members present, any report of a committee of the governing body shall be deferred for<br>final action to the next regular meeting after the report is made.40-06-09. Change in number of members of city governing body - Election.1.The process for increasing or decreasing the number of members of a city governing<br>body pursuant to sections 40-04.1-01, 40-08-03, and 40-09-01 may be initiated:a.By resolution approved by a majority vote of the governing body of the city; orb.By a petition signed by ten percent or more of the total number of qualified<br>electors of the city voting for governor at the most recent gubernatorial election<br>and submitted to the governing body of the city.Page No. 12.The governing body of the city shall submit the question of increasing or decreasing<br>the number of members of the city governing body to the electors of the city at any<br>regular city election or primary or general election as specified in the resolution or<br>petition submitted pursuant to subsection 1. The question requires an affirmative<br>vote of those voting on the question for passage.3.If an increase in the number of members of the city governing body is approved by<br>the electors, the additional members must be elected at the next regular city election<br>or as specified in the resolution or petition pursuant to subsection 1. The additional<br>members shall hold office for terms of four years and until a successor is elected<br>and qualified, unless different terms are specified in the resolution or petition<br>pursuant to subsection 1. The terms of office must be arranged on a staggered<br>basis as otherwise provided by law.4.If a decrease in the number of members of the city governing body is approved by<br>the electors, the offices identified for abolition shall continue until the time when the<br>terms of those offices expire. A different procedure for abolition of the offices may<br>be specified in the resolution or petition pursuant to subsection 1.5.Allstatutoryprovisionsrelatingspecificallytoaten-membercounciloreleven-member council, whether repealed or amended by 1993 House Bill<br>No. 1347,includingsections40-08-03.1,40-08-03.2,40-08-04,40-08-04.1,40-08-06.1, and 40-12-01, continue to apply to those councils existing on August 1,<br>1993, until such time as an increase or decrease occurs in the number of members<br>of those councils pursuant to this section.Page No. 2Document Outlinechapter 40-06 governing body in municipalities, general provisions