North Dakota Code — 40
Browse 894 sections in division 40 of the North Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 40-01-01. Definitions
- § 40-01-02. Municipalities are bodies corporate
- § 40-01-03. Judicial notice of existence and change of organization to be taken by
- § 40-01-04. Vested rights
- § 40-01-05. Ordinances and resolutions remain in force - Legal identity not changed
- § 40-01-06. Bonds, contracts, and conveyances - How signed and countersigned
- § 40-01-07. Property exempt from taxation and sale on execution
- § 40-01-08. Removal of building when taxes and special assessments or share of
- § 40-01-09. Official newspaper of municipality
- § 40-01-09.1. Publication of city government proceedings - Electorate to decide
- § 40-01-10. Certificate of publication filed in auditor's office - Conclusive evidence When bill for publication audited
- § 40-01-11. Publication by a city or park district in which no official newspaper is
- § 40-01-12. Claims and accounts against municipalities audited
- § 40-01-13. Payment of accounts by municipality
- § 40-01-14. Office of municipality located in more than one county - Form of official
- § 40-01-15. Assessors where municipality is in more than one county - Powers and
- § 40-01-16. Duty of auditor relating to assessments in municipality located in more than
- § 40-01-17. County treasurers' duties relating to municipality located in more than one
- § 40-01-18. Other provisions applicable to municipalities situated in more than one
- § 40-01-19. Provisions of title shall apply to all cities
- § 40-01-20. Daylight saving time prohibited
- § 40-01-21. Removal of city advisory or policy decisionmaking members
- § 40-01-22. Antitrust immunity of cities and city governing bodies
- § 40-01-23. Authorization to organize and participate in an organization of city
- § 40-01-24. Firefighters may solicit charitable contributions from motorists
- § 40-01-25. Prohibition - Connection of utility services
- § 40-02-01. Requisites for incorporation as city
- § 40-02-02. Census required
- § 40-02-03. Survey required
- § 40-02-04. Survey, map, and census subject to examination - Notice
- § 40-02-05. Petition for incorporation - Contents - Census and survey to accompany Hearing - Notice
- § 40-02-06. Board of county commissioners to consider petition
- § 40-02-06.1. Appeal of board of county commissioners' action - Scope of review
- § 28-34-01. The review on appeal extends only to the determination of whether the board of
- § 40-02-07. Notice of election
- § 40-02-08. Polling hours at election on question of incorporation
- § 40-02-09. Form of ballot
- § 40-02-10. Election returns - To whom made - Duty of board of county commissioners
- § 40-02-11. Division into wards
- § 40-02-12. Order of incorporation - Recording - Filing - As evidence
- § 40-02-13. Procedure in the case of incorporation of city under the commission
- § 40-02-14. Board of county commissioners to establish election precincts
- § 40-02-15. Division of property and indebtedness between municipality and township
- § 40-02-16. Arbitration of differences between township and newly organized
- § 40-04-01. Incorporation as commission city
- § 40-04-02. Notice of election
- § 40-04-03. Form of ballot
- § 40-04-04. Returns and canvass of election - Certificate to secretary of state - Officers
- § 40-04-05. Patent issued to city by governor
- § 40-04-06. Patent to city to be recorded - Use as evidence
- § 40-04-07. Special election called to elect city commissioners
- § 40-04-08. Change from or to commission system of government - Petition required
- § 40-04-09. City auditor to pass on sufficiency of petition to change from commission
- § 40-04-10. Procedure upon filing of petition to change from or revert to commission
- § 40-04-11. Procedure when election favors changing from commission system of
- § 40-05-01. Powers of all municipalities
- § 40-05-27. To acquire, construct, maintain, operate, finance, and control flood control
- § 40-05-01.1. Assessment of costs of work done necessary for the general welfare
- § 40-05-01.2. Remedies additional and not restrictive
- § 40-05-01.3. City traffic ordinances to apply to streets within mobile home parks
- § 40-05-02. Additional powers of city council and board of city commissioners
- § 40-05-02.1. Parking privileges for handicapped
- § 40-05-02.2. City may levy excise tax on nonprofit liquor dealers by ordinance
- § 40-05-03. Cities having population of fifteen thousand may provide for regulation and
- § 40-05-04. Powers of village
- § 40-05-05. Cities may contract for electrical energy or gas
- § 40-05-06. City fines and penalties limited
- § 40-05-07. Village fines and penalties limited - Remission
- § 40-05-08. Municipal licenses for sale of agricultural products limited - Exception
- § 40-05-09. Purchase of firefighting equipment - How paid - Limitations
- § 40-05-09.1. Tax levy for fire department stations
- § 40-05-09.2. Contracting for fire protection service
- § 40-05-10. Municipalities to have powers of townships
- § 40-05-11. Foreign city - Power to acquire by right of eminent domain, purchase, lease,
- § 40-05-12. Foreign city - Power to sue and defend in courts of this state
- § 40-05-13. Foreign city - Power to convey realty - Regulations governing
- § 40-05-14. Agreements for construction and maintenance of streets between
- § 40-05-15. Unclaimed motor vehicles - When sale permitted - Bill of sale evidence of
- § 40-05-16. Programs and activities for senior citizens - Expenditure of funds
- § 40-05-17. City restriction of adult establishments - Definitions
- § 40-05-18. Garbage removal - Number of contractors allowed
- § 40-05-19. City funding for animal shelters - Sterilization of animals
- § 40-05-20. Programs and activities for handicapped persons - Expenditure of funds
- § 40-05-21. Centennial coordinating committee
- § 40-05-22. Golf carts on city streets
- § 40-05-23. Limitation on authority - Seed
- § 40-05-24. Duties of cities granting property tax incentives
- § 40-05-25. Cooperative purchasing - Authorized
- § 40-05-26. Development by a foreign adversary - Prohibition
- § 40-05-27. Floodplain management ordinances - Requirements - Limitations Definitions - Enforcement
- § 40-06-01. Jurisdiction of governing body
- § 40-06-02. Meetings to be public - Journal of proceedings to be kept - Pledge of
- § 40-06-03. Quorum
- § 40-06-04. Reconsidering or rescinding vote at special meeting
- § 40-06-05. Rules of procedure - Expelling members
- § 40-06-06. Conviction of bribery - Office deemed vacant
- § 40-06-07. Exercise of power through ordinance when method of procedure not set
- § 40-06-08. Action on committee reports deferred upon request
- § 40-06-09. Change in number of members of city governing body - Election
- § 40-08-01. City council - Who constitutes
- § 40-08-02. Governing body is judge of election and qualifications of members
- § 40-08-03. Number of council members
- § 40-08-03.1. Change to ten council members and mayor - Petition required
- § 40-08-03.2. City auditor to pass on sufficiency of petition requesting change to ten
- § 40-08-04. Election of council members
- § 40-08-04.1. Procedure when petition to change to ten council members and mayor is
- § 40-08-04.2. Election at large of council members from wards - Option
- § 40-08-05. Qualifications of council members
- § 40-08-06. Term of office of council members - Staggered terms provided for in cities
- § 40-08-06.1. Terms of office under ten council members - Staggered terms provided for
- § 40-08-07. Compensation of council members
- § 40-08-08. Vacancies on council - How filled
- § 40-08-09. Restrictions on members of council
- § 40-08-10. Meetings of council - Regular, special, and for organization
- § 40-08-11. When president and vice president of council elected
- § 40-08-12. Publication of proceedings
- § 40-08-13. Presiding officer of council in absence or disability of mayor - President of
- § 40-08-14. Mayor - Qualifications - Term
- § 40-08-15. Compensation of mayor
- § 40-08-16. Vacancy in office of mayor - Filled by election or by council - President of
- § 40-08-17. Absence or disability of mayor - Acting mayor
- § 40-08-18. Mayor to preside at council meetings - Voting power of mayor
- § 40-08-19. Mayor may remove appointive officers - Reasons for removal to be given
- § 40-08-20. Mayor may suppress disorder and keep peace
- § 40-08-21. Release of prisoners by mayor - Report to council
- § 40-08-22. Mayor to perform duties prescribed by law - Enforce laws and ordinances
- § 40-08-23. Inspection of books, records, and papers of city by mayor
- § 40-08-24. Ordinance or resolution signed or vetoed by mayor
- § 40-08-25. Messages to council
- § 40-08-26. Mayor may call on residents to aid in enforcing ordinances
- § 40-08-27. Police chief and police officers appointed by mayor
- § 40-08-28. Mayor may administer oaths
- § 40-09-01. Board of city commissioners - Composition
- § 40-09-02. Governing body is judge of election and qualifications of members
- § 40-09-03. Regulations governing election of commissioners
- § 40-09-04. Commissioners - Terms - Resignations
- § 40-09-05. President and board of commissioners succeed to powers and duties of
- § 40-09-06. Style of board - Oath and salary of commissioners
- § 40-09-07. Bond and oath of commissioner
- § 40-09-08. President of board as executive officer - Duties - No veto power
- § 40-09-09. Vice president and acting president of board - Powers to act
- § 40-09-10. Filling vacancies in board
- § 40-09-11. Meetings of board - Regular and special - Action on departmental matters
- § 40-09-12. Departments of administration of city divided among commissioners Duties
- § 40-09-13. Accounts - Audited by respective commissioners - Approved by board
- § 40-09-14. Rules and regulations governing departments and agencies of city made by
- § 40-09-15. Special police - President of board may call - Powers
- § 40-09-16. Board may summon and compel attendance of witnesses and books Punish for contempt - Process
- § 40-09-17. Restrictions on members of board
- § 40-10-01. Petition for city manager - Contents - Notice of election - Election
- § 40-10-02. Vote required to adopt plan - Effective date
- § 40-10-03. City manager - How selected - Qualifications - Compensation - Term
- § 40-10-04. Removal of city manager - Summary proceedings - Charges brought Suspension - Absence or disability of city manager
- § 40-10-05. Powers of governing body
- § 40-10-06. Duties of city manager
- § 40-10-07. Conflict of powers and duties of city manager and other officers - Who to
- § 40-10-08. Election to determine question of retention of city manager plan Procedure thereafter
- § 40-11-01. Enacting clause for ordinances
- § 40-11-02. Procedure in passing ordinances
- § 40-11-03. Yea and nay vote on passage - When required
- § 40-11-04. Ordinance required for the transfer of property
- § 40-11-04.1. Real property transfer requirements
- § 40-11-04.2. Transfer of real property by exclusive and nonexclusive listing
- § 40-11-05. Ordinances and resolutions adopted in council cities - Mayor's veto power Reconsideration after veto
- § 40-11-06. Publication of ordinances
- § 40-11-07. Effective date of ordinances
- § 40-11-08. Ordinance book required - Ordinance book and certified copies of
- § 40-11-09. Enactment and revision of ordinances
- § 40-11-09.1. Presumption of regular adoption, enactment, or amendment of resolution
- § 40-11-10. Action for violation of ordinance in corporate name - Previous prosecution,
- § 40-11-11. Summons to issue on violation of ordinance - When warrant of arrest to
- § 40-11-12. Commitment of guilty person for nonpayment of fines or costs
- § 40-11-13. Fines and forfeitures for violation of ordinances paid into treasury
- § 40-12-01. Initiative and referendum apply only in commission and modern council
- § 40-12-02. Submission of proposed ordinance by petition - Filed with city auditor Request in petition
- § 40-12-03. Requirements of petitions for initiative and referendum
- § 40-12-04. Signatures to petition - Requirements - Oath - Withdrawal
- § 40-12-05. City auditor to determine sufficiency of initiative petition - Certificate
- § 40-12-06. Duty of governing body after receiving petition for proposed ordinance
- § 40-12-07. Adoption of proposed ordinance - Effect - Repeal or amendment of initiated
- § 40-12-08. Petition to refer ordinance - Suspension of ordinance - Requirements of
- § 40-12-09. Referred measure - Submission - Result of election
- § 40-12-10. No limitation on number of ordinances that may be voted on at one election
- § 40-12-11. Publication of proposed or referred ordinance or proposition before
- § 40-12-12. Form of ballots to be used in voting on initiated or referred ordinance
- § 40-12-13. Propositions submitted for repeal or amendment to initiated or referred
- § 40-13-01. Qualifications of elective and appointive officers
- § 40-13-02. Bonds of city officials - Requirements - Approvals - Additional bonds
- § 40-13-03. Oaths of municipal officers
- § 40-13-04. Salaries of officers and employees fixed by ordinance - Diminution of
- § 40-13-05. Officers not to be interested in contracts or work of municipality Exception
- § 40-13-05.1. Municipal officers - Contracts - Disclosure required - Penalty
- § 40-13-06. Penalty for illegal interest in contract of municipality - Contract void
- § 40-13-07. Office deemed vacant on removal from municipality or failure to qualify
- § 40-13-08. Vacancy existing in appointive office - How filled
- § 40-13-09. Vacancies to be filled for unexpired term
- § 40-13-10. Delivery of property, books, and other effects to successor in office
- § 40-13-11. Additional duties, powers, and privileges of officers may be defined by
- § 40-13-12. Municipal officers liable to criminal prosecution - Fine - Removal from
- § 40-13-13. Nepotism by city officials restricted
- § 40-14-01. Officers to be elected in council cities
- § 40-14-02. Terms of elective officers
- § 40-14-03. When term of elective officer begins
- § 40-14-04. Appointive officers in council cities - Appointment of more than one
- § 40-14-05. Term of appointive officers
- § 40-14-06. Officers commissioned by warrant - City auditor to receive certificate of
- § 40-14-07. Holding of other offices by city auditor prohibited
- § 40-15-01. Officers to be elected in commission cities
- § 40-15-02. Terms of elective officers
- § 40-15-03. When term of elective officers begins
- § 40-15-04. Extension of terms of officers in commission cities elected to terms
- § 40-15-05. Appointive officers in commission cities - Right to dispense with offices
- § 40-15-06. Term of appointive officers
- § 40-15-07. Appointive officers - Removal upon hearing - Suspension - Appointment
- § 40-16-01. Office of city auditor - Location - Salary
- § 40-16-02. Deputy auditor - Appointment - Duties - Liability
- § 40-16-03. Duties of city auditor in general
- § 40-16-04. Reports of city auditor
- § 40-16-05. Auditor to publish statement
- § 40-16-06. Claims and demands against city filed with auditor - Duty of auditor
- § 40-16-07. Auditor may take testimony
- § 40-16-08. Auditor a member of board of public works in commission city
- § 40-16-09. Copies of books, records, and transcripts of records of city auditor as
- § 40-16-10. Destruction of city records
- § 40-16-11. Funds - Controlled by governing body - Exceptions - Disbursement on
- § 40-16-12. Special funds not to be paid out for any other purpose
- § 40-16-13. Warrants - Cancellation - Destruction - Description in minutes
- § 40-16-14. Auditor not to commingle city's money - Violation forfeits office
- § 40-16-15. Assume the duties of the city treasurer
- § 40-16-16. Delegation of powers and duties
- § 40-19-01. Duties of city assessor
- § 40-19-02. City assessor may list property prior to April first - Duty of county auditor
- § 40-19-03. Return of assessment roll by city assessor
- § 40-19-04. Compensation of village assessor
- § 40-20-01. City attorney - Duties - Docket
- § 40-20-02. Assistant city attorneys - Appointment - Special counsel authorized
- § 40-20-03. City engineer - Qualifications - Duties - Compensation - Plans or surveys Preservation and transfer to successor
- § 40-20-04. When city engineer or chief of police to be street commissioner
- § 40-20-05. Chief of police and police officers - Powers and duties - Hot pursuit
- § 40-20-06. Arrest by chief of police or policeman outside of city - Fees
- § 40-20-07. Municipalities to furnish blue uniforms to police officers
- § 40-21-01. Qualified electors in municipal election - Restrictions
- § 40-21-02. City elections - When held - Notice - Polls - Agreements with counties Judges and inspectors
- § 40-21-03. Elections in council cities - Polling places - Polls open - Notice - Judges,
- § 40-21-03.1. Designation of polling places for municipal elections
- § 40-21-04. Annual election held in villages - Board of trustees to be inspectors
- § 40-21-05. Compensation of inspectors, judges, and clerks at municipal elections
- § 40-21-06. Reference to party ballot or affiliation in petition of candidate for municipal
- § 40-21-07. Petition for nomination of elective official in cities - Signatures required Withdrawal of petition - Contents
- § 40-21-08. Ballots in municipalities - Arrangement
- § 40-21-09. Election districts in council cities - Division and consolidation by
- § 40-21-10. Registration of voters
- § 40-21-11. Clerks appointed to fill vacancies - Oath, powers, and duties of judges and
- § 40-21-12. Counting ballots - Returns - Canvass of returns by governing body of
- § 40-21-13. Municipal elections to be governed by rules applicable to county elections Absent voting
- § 40-21-14. City auditor to notify of election or appointments
- § 40-21-15. New election upon failure to elect
- § 40-21-16. Special elections conducted in same manner as general elections
- § 40-21-16.1. City canvassing board - Composition
- § 40-21-17. Highest number of votes elects in municipal election - Procedure on tie
- § 40-22-01. Power of municipalities to defray expense of improvements by special
- § 40-22-01.1. Restoration of property damaged in flood control or during a declared
- § 40-22-01.2. Municipal policy providing special assessment determination methods for
- § 40-22-01.3. Power of municipality to defray expense of improvements - Infrastructure
- § 40-22-02. Sewerage system - Establishment, maintenance, and alteration - Vote
- § 40-22-03. Acquiring property for sewers, water mains, and water supply beyond
- § 40-22-04. Discharge of sewage - Regulations governing
- § 40-22-05. Condemnation of land and rights of way for special improvements - Taking
- § 40-22-06. Agreement with state agency, county, water resource district, or federal
- § 40-22-06.1. Cities with population of over ten thousand may enter into agreement with
- § 40-22-07. Dispensing with preliminary requirements in making improvements in
- § 40-22-08. Improvement districts to be created
- § 40-22-09. Size and form of improvement districts - Regulations governing
- § 40-22-10. Engineer's report required - Contents
- § 40-22-11. Approval of plans, specifications, and estimates - Approval establishes
- § 40-22-12. Requirements of plans, specifications, and estimates when improvement is
- § 40-22-13. Municipal engineer to retain copy of plans, specifications, and estimates Sale of copies
- § 40-22-14. Plans, specifications, and estimates filed in office of city auditor
- § 40-22-15. Resolution declaring improvements necessary - Exception for sewer and
- § 40-22-16. Sewer or water improvements and parking lots in municipalities may be
- § 40-22-17. Protest against resolution of necessity - Meeting to hear protest
- § 40-22-18. Protest bar to proceeding - Invalid or insufficient protests - Payment of
- § 40-22-19. Contract proposals
- § 40-22-20. Bid to be accompanied by a bond - Bond retained upon failure of bidder to
- § 40-22-21. Bidder's bond - Required - Amount
- § 40-22-22. Execution of bidder's bond
- § 40-22-23. Conditions of bidder's bond
- § 40-22-24. Bids - Filing - Sealing - Endorsing - Opening - Considering
- § 40-22-25. Opening of bids - Bids to be entered on minutes - Final action on bids to be
- § 40-22-26. Petition by property owners to have paving of certain material - Contents
- § 40-22-27. Rejection of bids - Readvertising for bids or construction by municipality
- § 40-22-28. Determination of kind of paving after bids are considered
- § 40-22-29. Engineer's statement of estimated cost required - Governing body to enter
- § 40-22-30. Contractor's bond - Execution
- § 40-22-31. Conditions of contractor's bond
- § 40-22-32. Approval of bonds - Return of bidder's bond
- § 40-22-33. Failure to execute contractor's bond
- § 40-22-34. Insufficiency of bonds - New bonds required - Failure to furnish
- § 40-22-35. Execution and filing of contract
- § 40-22-36. Contracts - Conditions and terms