Title 40 — Municipal Government

Repealed by S.L. 2015, ch. 439, § 104.

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…

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…

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 …

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 …

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…

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…

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…

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…

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…

Repealed by S.L. 2011, ch. 54, § 15.

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 …

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.

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…

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…

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…

Except as otherwise provided by law, a governing body of a municipality has jurisdiction: 1. Over any commons or public grounds belonging to such municipality and with the consent of the majority of the owners thereof shall have power to regulate the banks, shores, and wharves of…

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…

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.

The governing body of a municipality shall determine its rules of procedure, punish its members or persons present for disorderly conduct by fine, and with the concurrence of two-thirds of its members may expel a member from a session but may not expel the member a second time fo…

Any member of a city governing 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 set out. The governing body of a municipality may provide by ordinance the details necessary f…

Upon the request of any two members present, any report of a committee of the governing body shall be deferred for final action to the next regular meeting after the report is made.

1. The process for increasing or decreasing the number of members of a city governing 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; or b. By a petition signed by ten p…

The governing body of a city operating under the council form of government is the city council, which is composed of the mayor and council members.

The city council shall be judge of the election and qualifications of its own members.

The number of council members is not less than three. The number of council members may be increased or decreased pursuant to section 40-06-09.

Repealed by S.L. 1993, ch. 401, § 53. 40-08-03.2. City auditor to pass on sufficiency of petition requesting change to ten council members and mayor. Repealed by S.L. 1993, ch. 401, § 53.

In cities containing six hundred inhabitants or less, the council members must be elected at large. Except as provided in section 40-08-04.2, in all other cities operating under the council form of government, the council members must be elected by wards. 40-08-04.1. Procedure wh…

Notwithstanding any other provision of law, the governing body of a city having a population not exceeding five thousand and which is operating under the council form of government may provide by ordinance for the election of all council members at large. If the council members a…

An individual is not eligible to the office of council member if the individual is not a qualified elector of and resident within the ward for which the individual was elected, except that in cities where council members are elected at large and not required to be a resident of t…

Each council member is entitled to receive compensation for services as established by ordinance.

If a vacancy occurs in a city council office by death, resignation, or otherwise, the city council may call a special city election to fill the vacancy for the unexpired term, or may, after fifteen days of the date of the vacancy appoint a person from the ward in which the counci…

1. Except as provided in this section, no member of the city council shall: a. Be eligible to any other office the salary of which is payable out of the city treasury; b. Hold any other office under the city government; or c. Hold a position of remuneration in the employment of t…

The city council shall hold its regular meetings at least once a month on a date certain established by resolution or ordinance of the council, and may prescribe by ordinance the manner in which special meetings may be called as well as the establishment of any additional regular…

At the organization meeting in each even-numbered year, the members of the city council shall proceed to elect from their number a president and a vice president who shall hold their respective offices until their successors are elected at the organization meeting following the n…

Repealed by I.M. approved November 8, 1994, S.L. 1995, ch. 637, § 2. 40-08-13. Presiding officer of council in absence or disability of mayor - President of council. The president of the city council shall be the presiding officer of the council in the absence or temporary disabi…

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

The mayor shall receive such compensation as the city council may direct by ordinance. 40-08-16. Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor. If a vacancy occurs in the office of mayor, the city council may call a specia…

During the absence of the mayor from the city or during the mayor's temporary disability, the president of the city council shall be the acting mayor and shall possess all the powers of the mayor. In the absence or disability of the mayor and president of the city council, the vi…

The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when the mayor shall cast the deciding vote.

The mayor may remove any officer appointed by the mayor whenever the mayor is of the opinion that the interests of the city demand such removal, but the mayor shall report the reasons for such removal to the council at its next regular meeting.

The mayor may exercise within the city limits the powers conferred upon a sheriff to suppress disorder and keep the peace.

Repealed by S.L. 1987, ch. 375, § 16.

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.

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

The mayor shall sign or veto each ordinance or resolution passed by the council. Any action vetoed by the mayor may be overridden by the city council as provided under section 40-11-05.

The mayor annually and from time to time shall give the council information relative to the affairs of the city and shall recommend for its consideration such measures as the mayor may deem expedient.

When necessary, the mayor may call on each resident of the city over the age of eighteen years to aid in enforcing the laws and ordinances of the city.

The mayor may appoint any number of police officers the mayor and the city council deem necessary to preserve the peace of the city and the mayor shall appoint one of the number as chief of police. Such appointment shall be subject to the approval of the council.

The mayor of each city may administer oaths and affirmations.