CHAPTER 13-06
OPERATOR OF VEHICLE SECTIONS:
13-0601. Care Required in Operating Vehicle.
13-0602. Operation of Motor Vehicles by Certain Minors Forbidden.
13-0603. Registration Card to be Carried in or on Vehicle: Inspection of Card.
13-0604. Proper Display of License Upon Vehicle.
13-0605. Driver's License.
13-0606. Restricted Licenses.
13-0607. Unlawful Use of License.
13-0608. Registration Number Prima Facie Evidence.
13-0609. Open Bottle Law-Penalty.
13-0610. Careless Driving.
13-0611. Exhibition Driving and Racing - Definitions - Penalty.
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13-0601. CARE REQUIRED IN OPERATING MOTOR VEHICLE. The provisions of N.D. Cent. Code § 39-09-01.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-0602. OPERATION OF MOTOR VEHICLE BY CERTAIN MINORS FORBIDDEN.
1. The driving or operation of any automobile within the City limits of Harwood by any person under the age of fourteen (14) years is prohibited. The driving or operation of other motor vehicles, including motorcycles, motor-driven cycles, taxi-cabs, trucks and delivery cars, within the limits of Harwood by any person under the age of sixteen (16) years is prohibited.
2. Any owner or other person having charge of or having within his control or supervision, a motor vehicle, and who knowingly allows or permits such motor vehicle to be driven or operated within the City of Harwood by a minor under the age of fourteen (14), shall be guilty of a misdemeanor and shall be deemed to have violated the provisions of this chapter and shall upon conviction thereof be subject to the penalty provided by this title.
13-0603. REGISTRATION CARD TO BE CARRIED IN OR ON VEHICLE: INSPECTION OF CARD. The registration card issued for a vehicle shall be carried in the driver's compartment of the vehicle or, in the case of a house trailer or mobile home or trailer or semi-trailer, regardless of when such vehicle was acquired, inside or on the vehicle, at all times when the vehicle is being operated upon the streets of the City. Such card shall be subject to inspection by any peace officer. Any person violating this section must be assessed a fee of Twenty Dollars ($20). However, a person cited for violation of this ordinance may not be found to have committed the violation if the person, within forty-eight (48) hours after being cited, produces and displays to any peace officer, or to the hearing official before whom the person was to appear, a registration card valid at the time the person was cited. A peace officer, upon citing a person for violating this person, shall inform the person that a violation will be considered as not having occurred if the person produces and displays a valid registration card in the manner provided in this section. A peace officer receiving evidence of the existence of a valid registration card as herein provided shall notify the hearing official of the appropriate jurisdiction of that fact.
13-0604. PROPER DISPLAY OF LICENSE UPON VEHICLE. It shall be unlawful for any person to commit any of the following acts:
1. To operate, or for the owner of the vehicle to knowingly permit anyone to operate, upon a highway any vehicle, the registration of which has been canceled or revoked, or which is not registered, or which does not have attached thereto and displayed thereon a current number plate, plates, or validation tabs assigned thereto by the Registrar of the Motor Vehicle Department of the State of North Dakota, or his appropriate counterpart from another state, subject to the exemptions allowed in this chapter;
2. To display or cause to be displayed, or to have in possession any registration card, registration number plate, or validation tabs knowing the same to be fictitious or to have been canceled, revoked, suspended, or altered; and
3. To lend any registration number plate, registration card, or validation tabs to any person not entitled thereto, or knowingly permit the use of any registration number plate or registration card by any person not entitled thereto.
13-0605. DRIVER'S LICENSE.
1. A person, unless exempted by state law, may not drive any motor vehicle on a public or private area to which the public has the right of access for vehicular use in the City unless the person has a valid license as an operator under the provisions of Chapter 39-06 of the North Dakota Century Code, or a temporary operator's permit issued under Chapter 39-20 of the North Dakota Century Code.
2. Every licensee shall have his operator's license or permit in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of any court, police patrolman, peace officer or a field deputy or inspector of the Highway Department. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer, an operator's license or permit heretofore issued to him and valid at the time of his arrest.
13-0606. RESTRICTED LICENSES. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him.
13-0607. UNLAWFUL USE OF LICENSE. It shall be unlawful for any person:
1. To display, or cause, or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered operator's or chauffeur's license;
2. To lend his operator's or chauffeur's license to any other person or knowingly permit the use thereof by another;
3. To display or represent as one's own any operator's or chauffeur's license not issued to him;
4. To fail or refuse to surrender to the State upon lawful demand any operator's or chauffeur's license which has been suspended, revoked or canceled;
5. To permit any unlawful use of an operator's or chauffeur's license issued to him.
13-0608. REGISTRATION NUMBER PRIMA FACIE EVIDENCE. In any proceeding for a violation of the provisions of this title or any local ordinance, rule or regulation, the registration plate displayed on such vehicle or tractor shall be prima facie evidence that the owner of such vehicle or tractor was then operating the same. If in any hearing or proceeding, the owner shall testify, under an oath or affirmation, that he was not operating the said vehicle or tractor at the time of the alleged violation of this title or any local ordinance, rule or regulation, and shall submit himself to an examination as to who at that time was operating such a vehicle or tractor, and reveal the name of the person, if known to him or, if the information is made in a county other than that of his own residence, shall forward to the magistrate an affidavit setting forth these facts, then the prima facie evidence arising from the registration plate shall be overcome and removed and the burden of proof shifted.
13-0609. OPEN BOTTLE LAW-PENALTY. The provisions of N.D. Cent. Code § 39-08-18 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-0610. CARELESS DRIVING. The provisions of N.D. Cent. Code § 39-09-01 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-0611. EXHIBITION DRIVING AND DRAG RACING - DEFINITIONS - PENALTY. The provisions of N.D. Cent. Code § 39-08-03.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.