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NOTICE OF SECOND READING AND FINAL PASSAGE OF ORDINANCE NO. 1133 OF THE CITY OF WEST

Tuesday, December 18, 2018 - 6:08pm

NOTICE OF SECOND READING AND FINAL PASSAGE OF ORDINANCE NO. 1133 OF THE CITY OF WEST

FARGO, NORTH DAKOTA

Notice is hereby given that the City Commission of the City of West Fargo, North Dakota, at a regularly scheduled meeting on the 3rd day of December, 2018, had the question of the second reading and final passage of Ordinance No. 1133 before them and duly adopted the same. The ordinance was entitled:

AN ORDINANCE TO CREATE AND ENACT SECTION 13-1529 OF THE

REVISED ORDINANCES OF 1990 OF THECITY OF WESTFARGO RELATING

TO REGULATION OF COMPRESSION AND ENGINE BRAKING.

A certified copy of the ordinance is available for public inspection and copying at the office of the City Auditor between the hours of 8:00-12:00 a.m. and 1:00-5:00 p.m., all days except weekends and holidays.

The penalty clause ofthe ordinance reads as follows:

1-0211. PENALTY FOR VIOLATION. Any violation of an ordinance of the City of West Fargo 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.

BY ORDER OF THE CITY COMMISSION OF THE CITY OF WEST FARGO, NORTH DAKOTA.

Bernie L. Dardis

President of the Board of City Commissioners of the City of West Fargo, North Dakota

(December 17, 2018)2708955