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13-1501. Lamp or flag on projecting load.

13-1502. Restrictions as to tire equipment.

13-1503. Horns and warning devices.

13-1504. Brakes on Motor Vehicles and Motorcycles: Requirements.

13-1505. Mirrors.

13-1506. Windshields Must Be Unobstructed and Equipped With Wipers.

13-1507. Mufflers Required.

13-1508. Vehicle to be Constructed to Prevent Sifting or Leaking Loads.

13-1509. Lamps and Lights must Conform to State Law.

13-1510. Front and Rear Lamps to be Lighted at Certain Times.

13-1511. Arrest for Improperly Adjusted Headlamps - Certificate of Conformance a Defense.

13-1512. Spot Lamps: Limitations on Number and Use.

13-1513. Trailers and Towed Vehicles.

13-1514. Trailer to be Equipped with Reflectors or Tail Lights.

13-1515. Flashing Lights, Prohibition.

13-1516. Red, Green or Yellow Lights Visible from in Front of Vehicle Prohibited: Exceptions.

13-1517. Proper Equipment Required on Vehicles.

13-1518. General Regulations as to Loading of Motor Vehicles.

13-1519. Size, Weight and Load Restrictions of Vehicles Operated within the City.

13-1520. Regulating Movement of Tractors, Heavy Vehicles and Long Vehicles on Pavement.

13-1521. Permits for Excessive Size and Weight.

13-1522. Trucks Prohibited on Certain Streets - Truck Routes

Established - Maps and Signs Required.

13-1523. Restricted Use of Streets and Highways.

13-1524. Peace Officer or Other Agent may Weigh Vehicle and Require Removal of Excess Load.


13-1524.1. Impounding Overweight Vehicle

13-1524.2. Impounding Receipt - Information

13-1524.3. Impounding Notice - Perishables

13-1524.4. Civil Complaint

13-1524.5. Voluntary Statement of Extraordinary Road Use Fee Charges

13-1524.6. Mailing Complaint

13-1524.7. Cash Bond - Holding

13-1524.8. Trial - Charges

13-1524.9. Payment of Charges - Confiscation - Sale

13-1524.10 Payment - Effect

13-1524.11 Proceeds of Sale

13-1525. Restrictions Upon the Use of Streets by Certain Vehicles.

13-1526. Load Restrictions Upon Vehicles Using Certain Highways.

13-1527. Modification of Motor Vehicle.


13-1501. LAMP OR FLAG ON PROJECTING LOAD. The provisions of N.D. Cent. Code § 39-21-13 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-1502. RESTRICTIONS AS TO TIRE EQUIPMENT. Every tire on a vehicle moved on any street or highway within the City of Harwood shall have rubber on its entire traction surface. No tire, wheel, or track on a vehicle moved on a street or highway shall have on its periphery any block, stud, flange, pleat or spike, or any other protuberance of any material other than rubber, or other material approved by the City Engineer, which projects beyond the tread of the traction surface of the tire, wheel or track, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the street or highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions. It shall also be permissible to use, from October 15 to April 15, pneumatic tires which have metal studs which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire.

13-1503. HORNS AND WARNING DEVICES. Every motor vehicle when operative upon a street or highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet; and it shall be unlawful except as otherwise provided in this section, for any vehicle equipped with, or for any person to use upon a vehicle a siren, exhaust, compression or plug whistle or for any person, at any time, to use a horn otherwise and as a reasonable warning, or to make unnecessary or unreasonable loud or harsh sounds by means of a horn or other warning device. Every law enforcement or fire department, and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or an exhaust whistle.

13-1504. BRAKES ON MOTOR VEHICLES AND MOTORCYCLES: REQUIREMENTS. Every motor vehicle, when operated upon a street, shall be equipped with brakes adequate to control the movement and to stop and to hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels, and shall be so constructed that no part which is liable to failure shall be common to the two. A motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order.

13-1505. MIRRORS. The provisions of N.D. Cent. Code § 39-21-38 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.


1. No person shall drive a motor vehicle with any sign, poster, frost, condensation, or other nontransparent material upon or in place of the front windshield, sidewings, side or rear windows of such motor vehicle, other than a certificate or other paper required to be so displayed by law.

2. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

3. Every windshield wiper upon a motor vehicle shall be maintained in good working order.

13-1507. MUFFLERS REQUIRED. PREVENTION OF NOISE. The provisions of N.D. Cent. Code § 39-21-37 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-1508. VEHICLE TO BE CONSTRUCTED TO PREVENT SIFTING OR LEAKING LOADS. The provisions of N.D. Cent. Code § 39-21-44.1 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-1509. LAMPS AND LIGHTS MUST CONFORM TO STATE LAW. It shall be unlawful for any person to operate any motor vehicle within the City of Harwood, unless such motor vehicle is properly equipped with lamps and lights as prescribed by the laws of this State.

13-1510. FRONT AND REAR LAMPS TO BE LIGHTED AT CERTAIN TIMES. The provisions of N.D. Cent. Code § 39-21-01 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-1511. ARREST FOR IMPROPERLY ADJUSTED HEADLAMPS - CERTIFICATE OF CONFORMANCE A DEFENSE. The provisions of N.D. Cent. Code § 39-21-24 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-1512. SPOT LAMPS: LIMITATIONS ON NUMBER AND USE. Any motor vehicle may be equipped with not to exceed two spot lamps. Every lighted spot lamp shall be aimed and used upon approaching another vehicle so that no part of the beam will be directed to the left of the center of the street or highway nor more than one hundred feet ahead of the vehicle.

13-1513. TRAILERS AND TOWED VEHICLES. The drawbar or other connection between any two vehicles, one of which is towing or drawing the other on a street or highway, shall not exceed fifteen feet in length from any vehicle to the other. Whenever such connection consists of a chain, rope, or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than twelve inches square.

13-1514. TRAILER TO BE EQUIPPED WITH REFLECTORS OR TAIL LIGHTS. No trailer or semi-trailer shall be transported or operated in the City of Harwood unless it is equipped with approved reflectors not less than three inches in diameter or with tail lights.

13-1515. FLASHING LIGHTS, PROHIBITION. Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment or on any vehicle as a means of indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing.

13-1516. RED, GREEN OR YELLOW LIGHTS VISIBLE FROM IN FRONT OF VEHICLE PROHIBITED: EXCEPTIONS. No person shall drive or move any vehicle upon any street or highway with any red, green or yellow light thereon visible from directly in front thereof. This section shall not apply to vehicles defined in Section 13-0101 and Section 13-0916.

13-1517. PROPER EQUIPMENT REQUIRED ON VEHICLES. It is an infraction, which shall subject the violator to the penalties set forth in Section 1-0211, for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or the North Dakota Century Code, or which is equipped in any manner in violation of this chapter, or any provision of the North Dakota Century Code, or for any person to do any act forbidden or fail to perform any act required under this chapter, or under the North Dakota Century Code.


No person shall:

1. Ride or stand upon the running board or exterior of any moving vehicle. This provision shall not apply to police officers, firemen or other City employees, while in performance of their duties.

2. Drive a vehicle containing more passengers than the seating capacity of such vehicle.

3. Allow any part of the body to protrude beyond the limits of the vehicle while the vehicle is in motion, except to signal change of direction as provided in this title.

4. Drive a vehicle loaded with iron or other material likely to produce an annoying sound without using proper precautions to minimize such annoying sound.

13-1519. SIZE, WEIGHT AND LOAD RESTRICTIONS OF VEHICLES OPERATED WITHIN THE CITY. Provisions of N.D. Cent. Code §§ 39-12-04 and 39-12-05.3 and all subsequent amendments thereto shall be and hereby are incorporated by reference in this ordinance, except where more stringent limitations are set forth otherwise in these ordinances, or in a resolution adopted by the City Council. Such resolution, in addition to the size and weight restrictions, may set forth other restrictions and guidelines, as well as a fee schedule for permits for overweight and oversized vehicles.

13-1520. REGULATING MOVEMENT OF TRACTORS, HEAVY VEHICLES, AND LONG VEHICLES ON PAVEMENT. No person, firm or corporation shall move, or cause to be moved, over the paved streets, sidewalks, crosswalks, culverts, bridges and viaducts, within the City of Harwood, any motor vehicle or object drawn by motor vehicle which is in violation of Sections 13-1502,13-1519 through 13-1523, or in violation of any restrictions set forth in a resolution passed by the City Council pursuant to Section 13-1519, except under the direction and written permission of the City Council of the City of Harwood or the City Agent, as provided in Section 13-1521. Any violators shall pay or cause to be paid to said City, upon demand, any and all damages done to the paving, sidewalks, crosswalks, culverts, bridges and viaducts.

13-1521. PERMITS FOR EXCESSIVE SIZE AND WEIGHT. The City Agent may, under such policies as the City may establish by resolution or ordinance, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size and weight exceeding the maximum specified in this title upon any street or highway under the jurisdiction of and for the maintenance of which the body granting permit is responsible. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain other restrictions or conditions deemed necessary by the body granting such permit. Every such permit shall be carried in the vehicle to which it refers and shall be opened to inspection by any peace officer, and it shall be unlawful for any person to violate any of the terms and conditions of such special permit. The fees for such special permit shall be established by resolution by the City Council.


1. No truck or commercial vehicle exceeding in weight ten thousand pounds per axle, or total weight of eighty thousand pounds shall be operated in the City of Harwood, except upon truck routes designated as hereinafter provided in subsection 2 of this section; provided, that this ordinance shall not prohibit:

a. Such vehicles from operating upon other City streets when delivering or picking up materials or merchandise, provided entrance or exit to or from such street is made at the nearest intersection; through streets as established elsewhere in the Harwood City Ordinances shall be considered as secondary truck routes and must be used in preference to other streets whenever possible.

b. The operation of trucks owned or operated by the City of Harwood; trucks owned or operated by power companies and telephone companies franchised in Harwood or trucks owned and operated by any contractor or material supplier while under contract with the City and engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City.

c. The operation of class A emergency vehicles, as defined in the traffic ordinances of the City of Harwood, upon any street in the City.

d. Trucks making more than one delivery on any one trip may take the most direct route between one delivery and the next.


2. Truck routes shall be established by resolution of the City Council, after notice and hearing. The notice shall be by one publication in the official newspaper of the City at least 10 days prior to the date of the hearing. The truck routes, as established by the City Council, shall be stated in the resolution and on an official map which shall be kept and maintained in the office of the City Auditor and shall be available for public inspection.

3. On each street or avenue designated as a truck route in accordance with subsection 2 above, such street or avenue shall be posted with appropriate signs.

13-1523. RESTRICTED USE OF STREETS AND HIGHWAYS. Notwithstanding Sections 13-1519 through 13-1522, the City Agent of the City of Harwood may prohibit the operation of vehicles upon any street or highway or impose restrictions as to the weight of vehicles when operated upon any street or highway under the jurisdiction of and for the maintenance of which the City is responsible, whenever any said street or highway by reason of deterioration, stage of construction, rain, snow or other conditions could be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights allowed thereon reduced. The City Agent shall have the authority to impose such restrictions at any time when in the discretion of the City Agent such limitations are needed. The prohibitions or restrictions and the lifting thereof shall be done in a writing which shall be filed with the City Auditor and mailed to all City Council members. In addition, the City Agent, when exercising any such authority, shall erect or cause to be erected and maintained, signs designating the weight restrictions or prohibition of use at each end of that portion of any street or highway affected by the restrictions or prohibitions, and the restrictions or prohibitions shall not be effective until or unless such signs are erected and maintained. Once such restrictions are in place and posted, such restrictions or prohibitions shall remain in effect until lifted by the City Agent, or until they are removed or altered by action of the City Council of the City of Harwood. The City Council shall also have the authority, by resolution, to prohibit the use, or place weight restrictions on any street or highway under the jurisdiction of the City, which prohibitions and restrictions shall be designated by appropriate signs placed at each end of that portion of any street or highway affected thereby. In addition, the City, will set weight restrictions by resolution which will automatically apply City-wide when Cass County imposes its spring weight limit road restrictions. These restrictions shall be posted at the main entrances to the City at the discretion of the City Agent.


13-1524. PEACE OFFICER OR OTHER AGENT MAY WEIGH VEHICLE AND REQUIRE REMOVAL OF EXCESS LOAD. Any peace officer or designated agent of the City or City-designated personnel having reason to believe that the weight or size of a vehicle and load is unlawful is authorized to weigh or measure the same, either by means of portable or stationary scales, and may require that such vehicle be driven to the nearest scale. The officer or other designated person may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum therefor by such authority.

13-1524.1. IMPOUNDING OVERWEIGHT VEHICLE. Any vehicle found to have been moved or used upon any highway, street, alley or other public way within the City at a weight exceeding the limitations as specified in any ordinance or resolution adopted by the City may be impounded by any peace officer, designated agent of City, or City-designated personnel and taken to a warehouse, garage or other facility for storage.

13-1524.2. IMPOUNDING RECEIPT - INFORMATION. A receipt must be given by the peace officer or other person impounding the vehicle, to the driver or person in charge of such vehicle. Such receipt must identify as nearly as possible, the owner of the vehicle and cargo, the driver or person in charge of such vehicle, the cargo, the place vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name and address of the impounding officer. Information as to the owner of the vehicle and cargo must be obtained from the driver or person in charge of the vehicle.

13-1524.3. IMPOUNDING NOTICE - PERISHABLES. The impounding officer shall notify the owner or owners, if they can be found, by wire or telephone, of the impoundment and charges involved. If the cargo consists of perishables, the impounding officer shall use reasonable diligence in assisting the operator or owner in finding suitable storage facilities for such perishables, but all risk of loss or damage to such perishables must be upon the owner, operator, or lessee of such vehicle.

13-1524.4. CIVIL COMPLAINT. The City Attorney of the City shall, if no settlement is made under the next succeeding section, immediately prepare and file a civil complaint on behalf of the City for the purpose of recovering charges for the extraordinary use of the highways, streets, alleys or other public roadways of the City.

13-1524.5. VOLUNTARY SETTLEMENT OF EXTRAORDINARY ROAD USE FEE CHARGES. Before the complaint is issued pursuant to the preceding section, the owner, or the owner’s driver or agent, may voluntarily pay the amount of the extraordinary road use fee, or may provide proof of surety coverage to ensure payment of the extraordinary road use fee, provided under Section 13-1524.7, plus any towing or storage costs. Any settlement, whether made by the owner, or the owner’s driver or agent, must be presumed to be of a voluntary nature. A peace officer or a peace officer’s designee is authorized to receive the settlement payment on behalf of the City. The extraordinary road use fees must be remitted to the City Auditor’s office.

13-1524.6. MAILING COMPLAINT. A copy of the complaint must be served upon the driver or person in charge of the vehicle and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address of such owner is known.

13-1524.7. CASH BOND - HOLDING. Unless a cash bond is furnished in an amount sufficient to cover the charge for extraordinary use of highways, streets, alleys or other public roadway, as provided in the next succeeding section, together with the costs which may be collectible under any subsequent settlement made pursuant to this section, said vehicle must be held until a trial of the case can be held before the district court.

13-1524.8. TRIAL - CHARGES. At the trial of the action, the court shall hear testimony concerning the facts, and if it is found that such vehicle or vehicles were moved upon the highways, streets, alleys or other public roadways of the City at a weight in excess of the limitations imposed under the provisions of this section, charges for the extraordinary use of the highways, streets, alleys, or roadways must be assessed as follows:

1. The storage charges and costs of the action must be assessed; and

2. An additional charge must be assessed as follows:

a. One cent per pound (453.59 grams) for each pound (453.59 grams) of weight in excess of the legal limit, up to three thousand pounds (1,360.77 kilograms) of excess weight;

b. Four cents per pound (453.59 grams) for each poun (453.59 grams) which exceeds the legal limit by over three thousand bounds (1,360.77 kilograms) but is less than five thousand pounds (2,267.96 kilograms) of excess;

c. Eight cents per pound (453.59 grams) for each pound (453.59 grams) which exceeds the legal limit by over five thousand pounds (2,267.96 kilograms), but is not more than ten thousand pounds (4,535.92 kilograms);

d. Ten cents per pound (453.59 grams) for each pound (453.59 grams) which exceeds the legal limit by over ten thousand pounds (4,535.92 kilograms) but is less than twenty thousand pounds (9,071.84 kilograms) of excess weight; and

e. Twenty cents per pound (453.59 grams) for each pound (453.59 grams) which exceeds the legal limit by more than twenty thousand pounds (9,071.84 kilograms).

13-1524.9. PAYMENT OF CHARGES - CONFISCATION - SALE. If the charges and costs as provided in the preceding section are not paid immediately from a cash bond previously posted or other cash payment, the judge shall order the vehicle confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the proceeds applied to the payment of the charges and costs assessed under the provisions of this section.

13-1524.10. PAYMENT - EFFECT. The payment of charges may not be construed as a payment for the future use of highways, streets, alleys and other public roadways of the City by vehicles carrying excess loads.

13-1524.11. PROCEEDS OF SALE. The proceeds of sale must be applied first to the payment of the costs of the proceeding, including any allowable attorney’s and witness fees and costs, and next to the payment of the charges assessed. Such charges must be remitted to the City Auditor to be credited to the City general fund. The balance of the proceeds of any sale after the payment of costs and charges must be paid over by the sheriff to the person entitled thereto as determined by the court, or must be deposited with the clerk of the court for such payment.

13-1525. RESTRICTIONS UPON THE USE OF STREETS BY CERTAIN VEHICLES. The City Auditor or police department is hereby authorized, subject to a resolution of approval by the City Council, to determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by bicycles, horsedrawn vehicles or other non-motorized traffic and shall erect appropriate signs giving notice thereof. A disobedience of any restriction and any sign so posted shall be a violation of this title.

13-1526. LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN HIGHWAYS. When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amount specified on said sign at any time upon any of the streets or parts of streets so posted.

13-1527. MODIFICATION OF MOTOR VEHICLE. Provisions of N.D. Cent. Code § 39-21-45.1 and all subsequent amendments shall be and hereby are incorporated by reference in this ordinance.