40-11 Ordinances
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<![CDATA[CHAPTER 40-11ORDINANCES40-11-01. Enacting clause for ordinances. The enacting clause of every ordinanceadopted by a municipal corporation shall be: "Be it ordained by the _____________ (governing<br>body) of the city of _____________."Such caption, however, may be omitted when theordinances are published in book form or are revised and digested.40-11-02. Procedure in passing ordinances. All ordinances shall be read twice andthe second reading and final passage shall not be had in less than one week after the first<br>reading. After the first reading and before final passage, an ordinance may be amended. Except<br>as otherwise specifically provided, a majority of all of the members of the governing body must<br>concur in the passage of an ordinance and in the creation of any liability against the city and in<br>expending or appropriating money.40-11-03. Yea and nay vote on passage - When required. The yeas and nays shall betaken and entered on the journal of the governing body's proceedings upon the passage of all<br>ordinances and upon all propositions creating any liability against the city or providing for the<br>expenditure or appropriation of money, and in all other cases at the request of any member.40-11-04. Ordinance required for the transfer of property. Every municipality shallenact an ordinance providing for the conveyance, sale, lease, or disposal of personal and real<br>property of the municipality. When the property to be disposed of is estimated by the governing<br>body of the municipality to be of a value of less than two thousand five hundred dollars, the<br>property may be sold at private sale upon the proper resolution of the governing body. In all<br>other cases, the property may be sold only at public sale or as provided under section<br>40-11-04.2. This section and sections 40-11-04.1 and 40-11-04.2 do not apply to a lease by a<br>municipality to the state, or any agency or institution of the state, of any waterworks, mains, and<br>water distribution system and any equipment or appliances connected therewith and any real<br>property related thereto pursuant to subsection 5 of section 40-33-01 or of any sewage system<br>and all related property for the collection, treatment, purification, and disposal in a sanitary<br>manner of sewage pursuant to section 40-34-19.40-11-04.1. Real property transfer requirements. Upon resolution by the governingbody of a city authorizing the public sale of real property, a notice containing a description of the<br>property to be sold and designating the place where and the day and hour when the sale will be<br>held shall be published in the city's official newspaper as provided in section 40-01-09 once each<br>week for two consecutive weeks with the last publication being at least ten days in advance of the<br>date set for the sale. The notice shall specify whether the bids are to be received at auction or as<br>sealed bids as determined by the governing body of the city. The property advertised shall be<br>sold to the highest bidder if that person's bid is deemed sufficient by a majority of the members of<br>the governing body.40-11-04.2. Transfer of real property by nonexclusive listing agreements. As analternative to the procedure established under section 40-11-04.1, the governing body of a city<br>may by resolution describe the real property of the city which is to be sold; provide a maximum<br>rate of fee, compensation, or commission; and provide that the city reserves the right to reject<br>any and all offers determined to be insufficient. After adoption of the resolution, the governing<br>body of a city may engage licensed real estate brokers to attempt to sell the described property<br>by way of nonexclusive listing agreements.40-11-05.Ordinances adopted in council cities - Mayor's veto power -Reconsideration after veto. An ordinance adopted by the city council of a city operating under<br>the council form of government is not enacted until it is approved by the mayor or passed over<br>the mayor's veto. An ordinance passed by the governing body of a city operating under the<br>council form of government shall be deposited in the office of the city auditor for the approval of<br>the mayor. If the mayor approves such ordinance, the mayor shall sign the same. An ordinance<br>not approved by the mayor shall be returned by the mayor with the mayor's objections in writingPage No. 1to the next regular or special meeting of the council occurring not less than five days after the<br>passage thereof. The veto may extend to an entire ordinance or to any one or more items or<br>appropriations contained in any ordinance making an appropriation. If a veto extends to a part<br>only of an ordinance, the residue shall take effect and be in force. If the mayor fails to return any<br>ordinance with the mayor's objections within the time specified in this section, the mayor shall be<br>deemed to have approved the same. Any ordinance which has been vetoed in whole or in part<br>may be reconsidered by the city council, and if two-thirds of its members shall pass such<br>ordinance, it shall be effective notwithstanding the veto. The vote to pass an ordinance over the<br>mayor's veto shall be taken by yeas and nays and entered in the journal.40-11-06. Publication of ordinances. The title and penalty clause of every ordinanceimposing any penalty, fine, imprisonment, or forfeiture for a violation of its provisions, after the<br>final adoption of the ordinance, shall be published in one issue of the official newspaper of the<br>city.40-11-07. Effective date of ordinances. Ordinances finally approved by the governingbody of a municipality and which require publication shall take effect and be in force from and<br>after the publication thereof unless otherwise expressly provided in the ordinance. Ordinances<br>which do not require publication shall take effect and be in force from and after the final approval<br>thereof unless otherwise expressly provided therein.40-11-08.Ordinance book required - Ordinance book and certified copies ofordinances as evidence. Each municipality shall keep an ordinance book. The city auditor<br>shall record in such book all ordinances finally passed and approved, and when any ordinance<br>has been published, the city auditor shall record therein the affidavit of publication or of posting.<br>The ordinance book, or copies of ordinances as recorded therein, certified by the city auditor,<br>shall be received as evidence without further proof. If the ordinances of a municipality have been<br>printed in book or pamphlet form by authority of the governing body of the municipality, such<br>book or pamphlet shall be received as evidence of the existence of the ordinances therein<br>contained.40-11-09.Enactment and revision of ordinances.The executive officer of amunicipality may appoint, by and with the advice and consent of the governing body of the<br>municipality, one or more competent persons to prepare and submit to the governing body, for its<br>adoption or rejection, an ordinance for the revision or amendment of existing ordinances or for<br>the enactment of new and additional ordinances for such municipality.The attorney for themunicipality, if it has an attorney, shall be appointed as one of the persons to prepare and submit<br>such ordinance. The compensation of the revisor or revisors, including that of the attorney, shall<br>be determined by the governing body and shall be paid out of the municipal treasury. Such<br>revision, including any additional ordinances and amendments to existing ordinances contained<br>therein, may be passed as a single ordinance and may be published in pamphlet or book form,<br>by and under the authority of the governing body of the municipality, and shall be valid and<br>effective without publication in a newspaper or posting.40-11-09.1.Presumption of regular adoption, enactment, or amendment ofresolution or ordinance. Three years after the adoption or amendment of a resolution or the<br>enactment or amendment of an ordinance by the governing body of a city it is conclusively<br>presumed that the resolution or ordinance was adopted, enacted, or amended and published as<br>required by law.40-11-10.Action for violation of ordinance in corporate name - Previousprosecution, recovery, or acquittal no defense. Any action brought to recover any fine, to<br>enforce any penalty, or to punish any violation of an ordinance of any municipality shall be<br>brought in the corporate name of the municipality as plaintiff.A prosecution, recovery, oracquittal for the violation of any such ordinance may not constitute a defense to any other<br>prosecution of the same person for any other violation of any such ordinance, notwithstanding<br>that the different claims for relief existed at the time of the previous prosecution and if united,<br>would not have exceeded the jurisdiction of the court.Page No. 240-11-11. Summons to issue on violation of ordinance - When warrant of arrest toissue. In all actions for the violation of an ordinance, the first process shall be a summons, but a<br>warrant for the arrest of the offender shall be issued upon the sworn complaint of any person that<br>an ordinance has been violated and that the person making the complaint has reasonable<br>grounds to believe the person charged is guilty of such violation. Any person arrested under a<br>warrant shall be taken without unnecessary delay before the proper officer to be tried for the<br>alleged offense.40-11-12. Commitment of guilty person for nonpayment of fines or costs. Anyperson upon whom any fine or costs, or both, has been imposed for violation of a municipal<br>ordinance may, after hearing, be committed upon order of the court to jail or other place provided<br>by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid<br>or discharged by labor as provided in section 40-18-12. The court may not commit a person<br>under this section when the sole reason for the person's nonpayment of fines or costs, or both, is<br>the person's indigency. An order of commitment under this section shall not be for a period in<br>excess of thirty days. As used in this section, "fine" does not include a fee established pursuant<br>to subsection 2 of section 40-05-06.40-11-13. Fines and forfeitures for violation of ordinances paid into treasury. Allfines, penalties, and forfeitures collected for offenses against the ordinances of a city, including<br>those fines, penalties, and forfeitures collected as a result of a judgment of a district court<br>rendered pursuant to section 40-18-19, must be paid into the city's treasury at such time and in<br>such manner as may be prescribed by ordinance.Page No. 3Document Outlinechapter 40-11 ordinances]]>