CHAPTER 1-02
ORDINANCES SECTIONS:
1-0201. Voting Record.
1-0202. Reconsideration or Rescinding Vote.
1-0203. Procedure in Passing Ordinances.
1-0204. Publication.
1-0205. Enactment and Revision of Ordinances.
1-0206. Effective Date.
1-0207. Effect of Repeal.
1-0208. Interpretation - Construction.
1-0209. Singular - Plural - Gender - Interpretation.
1-0210. Constitutionality - Ordinances - Construction.
1-0211. Penalty for Violation.
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1-0201. VOTING RECORD. The yeas and nays must be taken by the governing body upon the passage of all ordinances and on all propositions to create any liability against the City or for the expenditure or appropriation of money, and, in all other cases, at the request of any member, which votes must be entered on the journal of its proceedings. A majority of all the qualified and existing members of the Council must concur on the passage of any ordinance and in the creation of any liability against the City and for the expenditure or appropriation of money. For purposes of this section, and for all other votes required by the ordinances of the City of Harwood or the State of North Dakota, any member of the City Council or Board of Adjustment who, by reason of a stated conflict of interest abstains from voting, must not be considered to be a qualified or existing member of the City Council or Board of Adjustment. A Member of the City Council who does not abstain but simply remains silent when the roll call vote is taken, shall be deemed to have voted yea, and a record of yea shall be entered in the journal. For all other matters not covered in this section and not otherwise covered by ordinance or state statute, passage of a motion or resolution shall be by a majority of existing and qualified Council members present at a meeting at which a quorum is present.
1-0202. RECONSIDERATION OR RESCINDING VOTE. No vote of the governing body shall be reconsidered or rescinded at a special meeting unless, at such special meeting there is present as large a number of members as was present when such vote was taken.
1-0203. PROCEDURE IN PASSING ORDINANCES. All ordinances shall be read twice, and the second reading shall not be had in less than one (1) week after the first reading; and after such first reading, before their final passage, such ordinances may be amended, and shall then be put upon their second reading and final passage; and, if passed by the governing body, shall be signed by the Mayor and attested by the City Auditor.
1-0204. PUBLICATION. The title and penalty clause of each ordinance, imposing any penalty, fine or imprisonment for its violation, after its final adoption, shall be published in one (1) issue of the official newspaper of the City.
1-0205. ENACTMENT AND REVISION OF ORDINANCES. The executive officer of a municipality may appoint, by and with the advice and consent of the governing body of the municipality, one or more competent persons to prepare and submit to the governing body for its adoption or rejection, an ordinance for the revision or amendment of existing ordinances or for the enactment of new and additional ordinances for such municipality. The attorney for the municipality, if it has an attorney, shall be appointed as one of the persons to prepare and submit such ordinance. The compensation of the revisor or revisors, including that of the attorney, shall be determined by the governing body and shall be paid out of the municipal treasury. Such revision, including any additional ordinances and amendments to existing ordinances contained therein, may be passed s a single ordinance and may be published in pamphlet or book form, by and under the authority of the governing body of the municipality, and shall be valid and effective without publication in a newspaper or posting, Section 1-0204 of this chapter notwithstanding.
1-0206. EFFECTIVE DATE. Ordinances adopted and requiring publication shall take effect and be in force from and after publication unless otherwise provided. Ordinances not requiring publication shall take effect and be in force from and after final approval unless otherwise provided.
1-0207. EFFECT OF REPEAL. When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided.
1-0208. INTERPRETATION - CONSTRUCTION. For the purpose of interpretation and construction of any ordinance, the term "person" includes, where relevant or not otherwise indicated, corporations, unincorporated associations, or other legal entities.
1-0209. SINGULAR - PLURAL - GENDER - INTERPRETATION. For the purpose of interpretation of any ordinance, where relevant or not otherwise indicated, words used in the singular include the plural, and the plural, the singular and words in the masculine gender include feminine and neuter genders.
1-0210. CONSTITUTIONALITY - ORDINANCES - CONSTRUCTION. If any section, subsection, sentence, clause or phrase of any ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase, or portion thereof.
1-0211. PENALTY FOR VIOLATION. Any violation of an ordinance of the City of Harwood shall be an infraction unless another penalty is specifically provided for the violation in these ordinances, or unless state law defines an offense in language similar to the ordinance as a class B misdemeanor, in which case the violation of the ordinance shall be penalized as a class B misdemeanor. An infraction may be punished by a maximum fine of $1,000. The Municipal Judge shall have the authority to establish the penalty for each infraction which is an offense up to a maximum of $1,000, except for offenses for which a penalty is set by State law, in which case the court must sentence in accordance with State law. Any person convicted of an infraction who has, within one year prior to the commission of the infraction of which he was convicted, been previously convicted of an offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint or citation shall specify that the offense is a misdemeanor. A class B misdemeanor may be punished by a maximum fine of $1,500, or 30 days imprisonment, or both.
Source: Ord. 2014-17, Sec. 1 (2014)