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

2. 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

3. 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.

4. 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

5. 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

6. 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

7. 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 )
2. Recorded vote on all ordinances entered into the official minutes. (NDCC )

8. City Ordinances
3. A majority of all of the members of the governing body must concur in the passage of an ordinance. (NDCC )
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 )
Please note that this is different from motions and resolutions.

9. 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

10. 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 )
Exception for ordinances imposing a penalty

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

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

13. 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 )

14. City Powers North Dakota Statutes list the powers that cities have
Between NDCC and 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

15. 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

16. Home Rule City Powers
Home rule charter cities have 16 additional powers under NDCC 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

17. Park District Powers
NDCC 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

18. 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 )

19. Penalty Exceptions
Exception – Ordinances regulating motor vehicles or traffic shall not have fees exceeding the limits of equivalent categories of violations in NDCC (NDCC (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 (3))

20. 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

21. State Preemption
City may not enact and enforce an underground storage tank ordinance if the ordinance is more stringent than state law. (NDCC )
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 )

22. 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)

23. Changing Ordinances
Amending an ordinance requires passing a new ordinance which replaces the old one. (NDCC )
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.

24. 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.

25. 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

26. 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 )

27. 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

28. 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

29. Questions

30. Contact Information
Stephanie Dassinger