Title 40, Municipal Government

The city council shall hold its regular meetings at least once a month and may prescribe by ordinance the manner in which special meetings may be called. The city council shall establish by resolution or ordinance the date of its regular meetings. The meeting for the organization…

The mayor shall preside at meetings of the council, and be the recognized head of the city for all ceremonial purposes and by the governor for purposes of military law. The mayor continues to have all the rights and privileges as a member of the council. If a vacancy occurs in th…

The council shall perform all duties prescribed by law or by city ordinances and shall see that the laws and ordinances are faithfully executed.

In this chapter, unless the context or subject matter otherwise requires: 1. "City officers" means the elected and appointed officers of the city and includes the governing body of the city and its members. 2. "Executive officer" means the chief officer in whom resides the power …

Any city may frame, adopt, amend, or repeal home rule charters as provided in this chapter.

The governing body of any city may on its own motion cause a home rule charter to be framed and submitted for adoption to the qualified electors of the city in the manner provided in this chapter, or such proposal may be made in a petition filed with the governing body and signed…

Within sixty days after proceedings have been initiated for a home rule charter, the governing body of the city shall appoint a charter commission, composed of at least five members, to frame the charter, unless a petition proposing a charter pursuant to section 40-05.1-02 prescr…

At least sixty days, but no more than two years, after submission of the charter to the governing body of the city, the proposed charter must be submitted to a vote of the qualified electors of the city at a regular or special city election, or at any statewide election that is h…

If a majority of the qualified voters voting on the charter at the election vote in favor of the home rule charter, the charter is ratified and is the organic law of the city, and extends to all its local and city matters, unless limited by law. The charter and the ordinances mad…

1. Two or more cities may draft and submit for adoption a multicity home rule charter to the electors of each city pursuant to this section. The other provisions of this chapter apply to a multicity home rule charter, except as otherwise provided by this section. 2. The process f…

From and after the filing with the secretary of state of a charter framed and approved in reasonable conformity with the provisions of this chapter, such city, and the citizens thereof, shall, if included in the charter and implemented through ordinances, have the following power…

Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law, revenue from sales, use, or other excise taxes levied under this chapter may not be transferred to or for the primary benefit of a school district except for payment of bonded indebtedness…

Except as provided in section 40-05.1-07.1, the home rule charter adopted by any city may be amended or repealed by proposals submitted to and ratified by the qualified electors of the city in the same general manner provided in sections 40-05.1-02 and 40-05.1-04 for the adoption…

1. When a portion of a home rule charter is preempted, superseded, or invalidated by a legislative act or a court order, the city may amend portions of the home rule charter by a resolution adopted by the governing body of the city. The resolution must reference the authority sup…

The terms of office of the members of the charter commission shall be four years. Any vacancy on said commission shall be filled by the governing body of the city.

The elections provided for in this chapter shall be called and held in the same manner as is provided for the calling and holding of city elections except that all qualified voters of the city shall be eligible to vote at such elections. The form of ballot shall be prescribed by …

Repeal of a home rule charter shall cause the city affected by such repeal to revert to the form of government of such city immediately preceding adoption of the home rule charter and when positions to which officials were elected under the home rule charter are substantially the…

All powers heretofore granted any city by general law are hereby preserved to each home rule city, respectively, and the powers so conferred upon said cities by general law, are hereby granted to home rule cities.

The adoption of any charter hereunder or any amendment thereof shall never be construed to destroy any property, action, claims for relief, claims, and demands of any nature or kind whatever vested in the city under and by virtue of any charter theretofore existing or otherwise a…

1. The governing body of a city may, by ordinance or resolution, establish a municipal court which is a part of the unified judicial system of this state. The supreme court may supervise and sanction municipal courts and municipal court judges. A staff attorney with the state cou…

1. The municipal court has jurisdiction to hear, try, and determine offenses against the ordinances of any city served by the court. 2. Notwithstanding any other provision of law, the municipal court does not have jurisdiction to hear, try, and determine: a. An offense that would…

1. If reason to doubt a defendant's fitness to proceed exists, as defined under section 12.1-04-04, the case must be: a. Transferred to the district court for evaluation; or b. Dismissed on motion by the prosecutor. 2. The district court shall order the defendant to undergo a fit…

1. A case in which the defendant's criminal responsibility at the time of the crime is in question may be transferred to the district court for evaluation upon written request by the defendant. The defendant shall initiate the request within twenty-eight days after arraignment an…

1. A municipal judge must be elected to serve a term of four years and may not hold any other office in the city in which the municipal judge serves as a judge. The city auditor shall notify the state court administrator of the election or appointment of a municipal judge or alte…

A party to a proceeding pending in a municipal court may obtain a change of judge under section 29-15-21. The municipal judge must be replaced in accordance with section 40-18.1-07.

1. If a vacancy exists in the office of municipal judge by death, resignation, or otherwise, the governing body of the city shall appoint an individual to fill the vacancy. 2. The governing body may appoint alternate municipal judges to serve when a municipal judge is unable to s…

1. The governing body of a city with a municipal court may provide for the office of clerk of the municipal court, which may include deputy clerks of municipal court. The governing body of the city shall appoint the clerk and deputy clerk, with the consent of the municipal judge.…

1. A prosecutor licensed to practice law in this state must be present for all contested hearings and proceedings involving a class B misdemeanor in a municipal court. 2. The city shall pay the compensation of the prosecutor and any necessary expenses incurred in prosecuting a vi…

1. A municipal judge shall consider the following factors when determining whether to change the venue of a proceeding under this chapter: a. Convenience to the parties and witnesses. b. Judicial efficiency. c. Available facilities. d. Administration of justice. 2. A municipal ju…

1. A municipal court: a. May not assess costs or fees against any individual except as specifically provided in this chapter. b. May assess a fee under subsection 2 of section 40-05-06. c. May assess a court administration fee and a community service supervision fee in an amount …

An action brought to recover a fine, enforce a penalty, or punish a violation of a city ordinance must be brought in the corporate name of the city as plaintiff. A prosecution, recovery, or acquittal for the violation of a city ordinance may not constitute a defense to any other …

An action for a violation of an ordinance is initiated by a uniform complaint under section 29-05-31 or a complaint in compliance with the North Dakota Rules of Criminal Procedure. If there is probable cause to believe a criminal offense has been committed by the individual charg…

Any individual upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or…

All fines, fees, penalties, and forfeitures collected for a violation of a city ordinance, including those collected as a result of a judgment of a district court rendered under section 40-18.1-18, must be paid into the city's general fund.

If an individual is convicted under an ordinance equivalent to an offense under section 39-08-01, the court shall sentence the defendant in accordance with that section.

Subject to section 40-05-06, a municipal judge may use the sentencing alternatives provided under section 12.1-32-02 and may suspend any sentence the judge imposes or defer the imposition of any sentence due to the good behavior of an individual adjudged to have committed an offe…

1. A defendant may request in writing to transfer the case to district court and to exercise the defendant's right to a jury trial within twenty-eight days after arraignment. If the request is filed within twenty-eight days after the arraignment, the judge shall grant the request…

1. For a case filed before July 1, 2026, an appeal may be taken to the district court from a judgment of conviction or order deferring imposition of sentence in a municipal court in accordance with the North Dakota Rules of Criminal Procedure. 2. An appeal is perfected by notice …

1. For a case filed on or after July 1, 2026, an appeal may be taken to the district court from a judgment of conviction or order deferring imposition of sentence in a municipal court in accordance with the North Dakota Rules of Criminal Procedure. 2. An appeal from a municipal c…

A municipal judge may enforce compliance with the court's orders and judgments. The judge may fine or imprison for contempt committed in the judge's presence while holding court, as well as for contempt of process issued, and of orders and judgments made by the judge. If an act o…

1. If the judgment imposes a fine or assesses a fee, the municipal judge may order a certified copy of the judgment be filed in the office of the clerk of the district court of any county in the state. The clerk of district court shall treat the municipal court judgment in the sa…

With the agreement of the state court administrator, the governing body of a city may, by ordinance, transfer some or all of the cases of the municipal court to the district court serving the county in which the city is located without abolishing the municipal court. Cases transf…

1. The governing body of a city with a population of fewer than five thousand having a municipal court may by resolution abolish its municipal court. The jurisdiction of a municipal court abolished by resolution must be transferred to the district court of the district in which t…

1. The governing body of a city with a population of five thousand or more having a municipal court may by resolution abolish its municipal court if the city has entered an agreement with: a. The governing body of the county in which the municipal court is located; b. The presidi…

1. The supreme court shall adopt rules governing: a. Municipal court procedure; b. Qualifications, judicial conduct, and education of municipal judges; c. Qualification and education of municipal clerks; d. Requirements of municipal court facilities; and e. Records to be maintain…

A municipality may defray the expense of improvements by special assessments for the promotion of business activity and new business development through any means not inconsistent with the purposes of this chapter, including advertising, public information, marketing, maintenance…