Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-05-01 Powers of all municipalities
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The governing body of a municipality shall have the power: 1. Ordinances. To enact or adopt all such ordinances, resolutions, and regulations, not repugnant to the constitution and laws of this state, as may be proper and necessary to carry into effect the powers granted to such …
N.D.C.C. § 40-05-01.1 Assessment of costs of work done necessary for the general welfare
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Whenever it becomes necessary for the general welfare, public health, fire protection, or public safety to order an owner or occupant of property to do certain work provided for by ordinance, and such owner or occupant refuses to conduct or comply with such order, the work may be…
N.D.C.C. § 40-05-01.2 Remedies additional and not restrictive
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Repealed by omission from this code.
N.D.C.C. § 40-05-01.3 City traffic ordinances to apply to streets within mobile home parks
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Every city ordinance regulating the operation or equipment of motor vehicles or regulating traffic shall apply to the private ways, streets, lanes, and alleys of mobile home parks, trailer parks, and campgrounds containing five or more lots for occupancy by mobile homes, travel t…
N.D.C.C. § 40-05-02 Additional powers of city council and board of city commissioners
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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 …
N.D.C.C. § 40-05-02.1 Parking privileges for handicapped
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Repealed by S.L. 1967, ch. 293, § 5.
N.D.C.C. § 40-05-02.2 City may levy excise tax on nonprofit liquor dealers by ordinance
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1. Any city, through the enactment of an ordinance to such effect, may levy a local excise tax, not in excess of fifty percent, upon the proceeds from gross sales of liquor, as defined by subsection 6 of section 5-01-01, by any nonprofit corporation licensed by the city to sell s…
N.D.C.C. § 40-05-04 Powers of village
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Repealed by S.L. 1967, ch. 323, § 285.
N.D.C.C. § 40-05-05 Cities may contract for electrical energy or gas
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The governing body of any city may enter into a contract with any person, partnership, association, corporation, limited liability company, or the United States or any department or agency thereof to provide for: 1. The furnishing of electrical energy or gas to the inhabitants of…
N.D.C.C. § 40-05-06 City fines and penalties limited
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1. Except as provided in subsections 2 and 3, the fine or penalty for the violation of any ordinance, resolution, or regulation of a city may not exceed one thousand five hundred dollars, and the imprisonment may not exceed thirty days for one offense. 2. For every violation of a…
N.D.C.C. § 40-05-07 Village fines and penalties limited - Remission
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Repealed by S.L. 1967, ch. 323, § 285.
N.D.C.C. § 40-05-08 Municipal licenses for sale of agricultural products limited - Exception
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No municipality shall impose any license fee or charge against the producer or grower of any agricultural product grown or produced upon lands located in this state nor in any manner limit or restrict the free sale thereof by such grower or producer. This provision, however, shal…
N.D.C.C. § 40-05-09 Purchase of firefighting equipment - How paid - Limitations
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Upon a declaration by resolution duly passed that an emergency exists and that it is desirable and necessary that firefighting apparatus and equipment be acquired for municipal purposes, the governing body of any municipality may enter into a contract or contracts for the purchas…
N.D.C.C. § 40-05-09.1 Tax levy for fire department stations
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 40-05-09.2 Contracting for fire protection service
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Any city may contract with a nonprofit corporation for the provision of fire protection and firefighting services if the nonprofit corporation has been in existence and has provided fire protection and firefighting services to the contracting city for a period of not less than tw…
N.D.C.C. § 40-05-10 Municipalities to have powers of townships
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In addition to the powers conferred by this title, each incorporated municipality shall have and shall exercise, within its limits and in the manner prescribed by law, the same powers as are conferred upon townships by the laws of this state. 40-05-11. Foreign city - Power to acq…
N.D.C.C. § 40-05-12 Foreign city - Power to sue and defend in courts of this state
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Any city of another state authorized by section 40-05-11 to own, lease, occupy, or hold real estate in this state shall have the same right as a city of this state to sue by its corporate authorities and in its corporate name in the courts of this state for the protection of any …
N.D.C.C. § 40-05-13 Foreign city - Power to convey realty - Regulations governing
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Any real estate in this state owned by a city situated in another state may be conveyed by a warranty or quitclaim deed executed by and on behalf of such city in its corporate name by its executive officer and city auditor. The deed, when so executed and when acknowledged by the …
N.D.C.C. § 40-05-16 Programs and activities for senior citizens - Expenditure of funds
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The governing body of any city is authorized to establish or maintain programs and activities for senior citizens, including the expansion of existing senior citizen centers which will provide recreational and other leisure-time activities, informational, health, welfare, counsel…
N.D.C.C. § 40-05-17 City restriction of adult establishments - Definitions
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1. As used in this section, unless the context otherwise requires: a. "Adult bookstore" means a bookstore having as a preponderance of its publications, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describ…
N.D.C.C. § 40-05-18 Garbage removal - Number of contractors allowed
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In any city with a population of not less than five thousand persons, the governing body shall, if permitted by ordinance or by law to allow more than one person or firm to contract with commercial enterprises for the private collection or removal of garbage, allow all persons or…
N.D.C.C. § 40-05-19 City funding for animal shelters - Sterilization of animals
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The governing body of the city may provide funding from revenues derived from its general fund levy authority for the construction, operation, or maintenance of animal shelters. Voter-approved levy authority authorized by electors of a city under this section before January 1, 20…
N.D.C.C. § 40-05-20 Programs and activities for handicapped persons - Expenditure of funds
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The governing body of any city or park district may establish or maintain programs and activities for handicapped persons, including recreational and other leisure-time activities and informational, health, welfare, transportation, counseling, and referral services. The governing…
N.D.C.C. § 40-05-21 Centennial coordinating committee
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Repealed by S.L. 2011, ch. 54, § 15.
N.D.C.C. § 40-05-22 Golf carts on city streets
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The governing body of a city may allow by an ordinance the operation of golf carts on the city streets. The ordinance may not allow a golf cart on federal, state, or county highways in the city, except for the perpendicular crossing of these highways. The ordinance may not allow …
N.D.C.C. § 40-05-23 Limitation on authority - Seed
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Notwithstanding any other law, a city may not impose any requirements or restrictions pertaining to the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of seed. This section does not apply to city zoning ordinances.
N.D.C.C. § 40-05-24 Duties of cities granting property tax incentives
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1. Notwithstanding any other provision of law, before granting a property tax incentive on any parcel of property that is anticipated to receive a property tax incentive for more than five years, the governing body of a city shall send the chairman of each county commission and t…
N.D.C.C. § 40-05-25 Cooperative purchasing - Authorized
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With the approval of the board of city commissioners or the city council, a city may participate in cooperative purchasing agreements with the state, or another political subdivision of this state or any other state, by executing a joint-powers agreement under chapter 54-40.3. Th…
N.D.C.C. § 40-05-26 Development by a foreign adversary - Prohibition
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Expired under S.L. 2023, ch. 109, § 5. 40-05-27. Floodplain management ordinances - Requirements - Limitations - Definitions - Enforcement. 1. As used in this chapter: a. "Floodplain management" has the same meaning as in section 61-16.2-02. b. "Floodplain management ordinance" h…