ORDINANCE Noun: A piece of legislation enacted by a municipal authority. Origin: Latin Ordinare: Put in order

US Constitution no mention of cities, towns or municipal corporations

City – Formal existence pursuant to state law. Powers of cities generally set forth NDCC Sec and Sec

Ordinance = municipal law Resolution = less formal but binding Motion = less formal yet – most easily changed

Ordinance Musts Must be constitutional Must be reasonable Must be definite and certain Must be within the powers granted to a city Sec ; Sec Home Rule City Sec

Ordinance Must Nots Must not delegate arbitrary discretionary powers Must not be in conflict with state or federal law Must not deprive of life, liberty or property without due process Must not take private property for public use without just compensation Must not abridge the privileges or immunities of citizens or deny equal protection of the laws Must not be hostile and discriminating against persons of any class, creed or religion, etc.

Enacting Clause “Be it ordained by the ______ of the City of ______________” Sec

Procedure in Adopting Ordinances Two readings Second reading and passage not less than one week after first reading May be amended after first reading before final passage

Majority of all members of governing body must vote in favor Sec Roll call vote should be taken and all of the members voting recorded in the minutes Sec

Council City – Ordinances and Resolutions Mayor’s Veto Power Under council forum not enacted until approved by the mayor or passed over the mayor’s veto. If mayor approves, signs.

If mayor vetoes, mayor is to make written objections at next regular special meeting not less than five days after passage. Veto may extend to entire ordinance or resolution or to any one or more items or appropriations contained. Two-thirds of members need to pass a motion to override the veto. Requires yeas and nays entered in minutes. Sec

Publication of ordinances Title and penalty clause of every ordinance imposing any penalty, fine or imprisonment for a violation shall be published once in the official newspaper of the city. Sec

Other publications required Zoning ordinances Budget Annexation

Effective date of ordinances From date of mayor’s execution or overriding of veto if publication no required If publication required, after publication unless otherwise provided Sec

Ordinance book required City shall keep an ordinance book – auditor to record in such book all ordinances passed and approved and when published if required. Sec

Enactment and revision of ordinances Mayor may appoint, by and with the advice and consent of the governing body, one or more competent persons to prepare and submit for adoption or rejection a revision of city’s code. Sec

Presumption of regular adoption Three years after adoption or enactment or amendment of an ordinance conclusive presumption adopted, enacted or amended and published as required by law. Sec

Action for violation of ordinance Any court action brought to enforce any penalty or to punish or for ordinance violation shall be brought in the corporate name of the city as plaintiff. Sec

Ordinance required in transfer of property Personal or real Value of less than $2,500 at private sale or $2,500 at public sale (home rule – exception) Sec

Real property sale requirements Public sale to be advertised in official newspaper once a week for not less than two consecutive weeks Last publication at least ten days in advance of sale. Sec

Exemption for non-exclusive listing agreement procedure City may set a maximum rate of fee or commission and engage a licensed real estate broker to attempt to sell. Sec

Violation Commences with a summons Sec

Commitment of a guilty person for nonpayment If person is not found to be indigent may be incarcerated until fines and costs are fully paid or discharged. Sec

Fines and forfeitures paid into treasury All fines, penalties and forfeitures collected against ordinances of the city must be paid into the city’s treasury. Sec

Effective area of ordinance Within the actual boundaries of the city unless the public health, safety and welfare including police powers and zoning.

Changing ordinances Amending must be done by ordinance Suspension must be done by ordinance Repeal must be done by ordinance

Initiative referendum Cities under the commission and modern council forum Sec Or under home rule charter Sec

Penalties for violating ordinance Class B misdemeanor maximum $1,500, 30 days in jail or both Infractions can be a set fee up to a maximum of $1,000 Fee exception traffic code under Fees cannot exceed the limits for equivalent category Title 39 violation (traffic code)

MURPHY’S LAW If anything can go wrong, it will.

Murphy’s Law Addendum to Murphy’s Law You never run out of things that can go wrong.

Murphy’s Law Irene’s Law There is no right way to do the wrong thing.

Murphy’s Law Murphy’s Comment When things go wrong, don’t go with them.