Ordinances “Say what you mean” “Mean what you say” July 27, 2016

Legal Terminology Federal State United States Constitution North Dakota Constitution United States Code (USC) North Dakota Century Code (NDCC) Code of Federal Regulations (CFR) North Dakota Administrative Code (NDAC) Laws of Political Subdivisions First, we’re going to go through a little bit of legal terminology. There are several different layers of law in the United States. As you are likely aware, there is federal law and state law. In the federal system there is the United States Constitution, United States Code, Code of Federal Regulations. On the State side there is the North Dakota Constitution, North Dakota Century Code, North Dakota Administrative Code, Laws of Political Subdivisions

Laws of Political Subdivisions City Ordinances Park District Ordinances County Regulations Township Rules and Regulations When I saw laws of political subdivisions, I mean – City Ordinances, Park Ordinances, County Regulations and Township Rules and Regulations. Today we are only discussing City Ordinances and Park Ordinances.

Ordinances, Resolutions, and Motions Ordinance – local law Resolution – less formal, generally temporary (dressed-up motion) Motion - means by which a member submits an issue for consideration Today we’re going to talk about Ordinances – Both City and Park because there are a couple differences, Resolutions where are less formal than ordinances, generally temporary and sometimes referred to as a dressed-up motion and Motision

Ordinance vs. Resolution Resolution – less formal, usually temporary Accomplished through a motion without the formal ordinance procedures Ordinances are more formal. Methods of procedure must be followed in order for an ordinance to be effective Require: a 1st and 2nd reading time period between readings a recorded vote on the ordinance publication in some cases a certain form or introductory clause is required As you heard in the previous presentation – Resolution requires motion, second and vote An Ordinance is more formal and requires – first and second reading, time period between readings, recorded vote, publication is sometimes required, specific introductory clause is required

Why? Meant to protect the public Time period- protect pubic from hasty legislation and allows them to be informed Publication and vote – also for public information Why these requirements? Generally – to protect the public Time period requirement – protects the public from hasty legislation and allows them to be informed. Publication and recorded vote requirements – also inform the public

City Ordinances 1. All ordinances shall be read twice and the second reading and final passage shall not be had in less than one week after the first reading. (NDCC 40-11-02) 2. Recorded vote on all ordinances entered into the official minutes. (NDCC 40-11-03)

City Ordinances 3. A majority of all of the members of the governing body must concur in the passage of an ordinance. (NDCC 40-11-02) 4. A specific enacting clause: “Be it ordained by the (governing body – city council or city commission) of the city of _______.” This caption may be omitted when the ordinances are published in book form. (NDCC 40-11-01) Please note that this is different from motions and resolutions.

Effectiveness – City Council An ordinance is not enacted until approved by the mayor or passed over the mayor’s veto If the mayor vetoes an ordinance it must be returned to the council at their next meeting occurring not less than five days after passage The veto must be accompanied by the mayor’s written objections

Effectiveness – City Council If the mayor fails to return the ordinance with written objections, it shall be deemed to be approved Any vetoed ordinance may be reconsidered by the council and passed with a 2/3 vote (NDCC 40-11-05) Exception for ordinances imposing a penalty

Effectiveness- City Commission Ordinance is effective upon final passage or upon date set by city commission (NDCC 40- 11-07) Exception for ordinances imposing a penalty

Penalty - Publication If the ordinance imposes a penalty, the title and penalty clause must be published in one issue of the official newspaper. (NDCC 40- 11-06) The ordinances takes effect upon publication, unless a different effective date is provided. (NDCC 40-11-07)

Park District Ordinance 1. All ordinances shall be read twice and at least eight days shall intervene between the readings. 2. Approved ordinances shall be published once in the official newspaper of the city and shall go into effect within 3 days after publication. 3. The enacting clause of all park district ordinances shall be, “Be it enacted by the board of park commissioners of the park district of the city of ____________.” (NDCC 40-49-13)

City Powers North Dakota Statutes list the powers that cities have Between NDCC 40-05-01 and 40-05-02 there are 105 different powers listed including: Enact and adopt ordinances Control Finances and Property Lay out and establish streets and sidewalks Regulate laying of gas and water main Naming streets

City Powers Licensing transient businesses Regulate alcoholic beverages – subject to state regulations Provide for keeping public peace Prevent, abate, and remove nuisances Provide for and fix fees for building permits To adopt a zoning ordinance To license dogs

Home Rule City Powers Home rule charter cities have 16 additional powers under NDCC 40-05.1-06 which include: Form and Structure of city government City elections Power to impose motor vehicle registration fees or sales taxes Powers only effective if included in the charter AND implemented through city ordinance

Park District Powers NDCC 40-49-12 lists 13 powers that are given to park districts. They include: Layout, open, curb, or improve a street or path within a park Pass ordinances Plat and lay out park property Levy taxes for the purpose of maintaining and improving parks

Penalties With a few exceptions, North Dakota law provides that the fine for the violation of a city ordinance shall not exceed $1,500 and imprisonment shall not exceed 30 days for one offense. (NDCC 40-05-06)

Penalty Exceptions Exception – Ordinances regulating motor vehicles or traffic shall not have fees exceeding the limits of equivalent categories of violations in NDCC 39-06.1-06. (NDCC 40-05-06(2)) Where ordinance penalties for shoplifting, vandalism, criminal mischief, etc. may not exceed a fine of $1,000, imprisonment for 30 days, or both. (NDCC 40-05-06(3))

Sentencing Alternatives Cities are allowed to use other sentencing alternatives for violations of city ordinances: Deferred or suspended sentences Restitution for damages Restoration of damaged property or other appropriate work detail Commitment to a treatment program Reasonable costs of prosecution

State Preemption City may not enact and enforce an underground storage tank ordinance if the ordinance is more stringent than state law. (NDCC 23-20.3-04.2) City may not enact an ordinance relating to the purchase, sale, ownership, transfer of firearms and ammunition which is more restrictive than state law. (NDCC 62.1-01-03)

Effective Area An ordinance is effective within the actual boundaries of a city When city boundaries are expanded through an annexation, the ordinances apply to additional area City ordinances do not have any effect outside the city Might be exception for zoning (extra-territorial zoning)

Changing Ordinances Amending an ordinance requires passing a new ordinance which replaces the old one. (NDCC 40-11-09) A resolution is not sufficient to amend an ordinance Temporary suspension of ordinance (for example, a fireworks ordinance suspended on July 4th) is done only through enactment of another ordinance providing for a suspension – a resolution would not be enough.

Repealing Ordinances Repealing an ordinance - need to pass an ordinance to repeal A resolution to repeal is not sufficient. An ordinance may also be repealed by the passage of a subsequent ordinance which is in conflict with the first This is not favored because it could lead to confusion – especially if the second ordinance is repealed at a later date.

Steps for Drafting Ordinances 1. Review existing provisions 2. Review previously introduced proposals 3. Review ordinances of other cities 4. Check for model ordinances 5. Use commonly understood terms 6. Make sure penalty is what you want 7. Check for errors

Maintenance of Ordinances City auditor is required to record all passed ordinances in the ordinance book and include the affidavit of publication for ordinances required to be published. (NDCC 40-11-08)

Sample Ordinance Book Chapters Chapter 1 – Government organization Chapter 2 – Ordinances Chapter 3 – Public places and property Chapter 4 – Fire protection Chapter 5 – Police department Chapter 6 – Zoning and planning Chapter 7 – Water and sewer Chapter 8 – Business regulations Chapter 9 – Traffic Chapter 10 – Health

Sample Ordinance Book Chapters Chapter 11 – Animals and Fowl Chapter 12 – Public Nuisances Chapter 13 – Offenses Chapter 14 – Franchises Chapter 15 – Building Code* Each ordinance would be numbered and placed in the appropriate chapter *must have copy of any code that is referenced

Questions

Contact Information Stephanie Dassinger stephanie@ndlc.org 701-223-3518