NOTICE OF SECOND READING AND FINAL PASSAGE OF ORDINANCE NO. 1137 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 18th day of March, 2019, had the question of the second reading and final passage of Ordinance No. 1137 before them and duly adopted the same. The ordinance was entitled:
AN ORDINANCE TO AMEND AND REENACT SECTIONS 2-0121, 3-0204, 4-442.6, 4-447, 5-0702 (SECTION R101.1), 10-0119, 10-0127, 11-0304, 13-0201 AND 13-0204; TO CREATE AND ENACT SECTIONS 2-0122 AND 13-0313; AND TO REPEAL SECTIONS 15-0306, 15-0309, AND 15-0310 OF THE REVISED ORDINANCES OF 1990 OF THE CITY OF WEST FARGO, RELATING TO REMOVAL OF SNOW, ICE AND OTHER MATERIALS ON SIDEWALKS AND STREETS, TREES AND HEDGES AS TRAFFIC HAZARDS/NUISANCES, ACCESSORY BUILDINGS, INTERNATIONAL RESIDENTIAL BUILDING CODE, PARKING AND/OR STORAGE OF CERTAIN VEHICLES, HOURS OF SALE OF ALCOHOLIC BEVERAGES, PENALTY RELATING TO SALE OF ALCOHOLIC BEVERAGES, ANIMAL NUISANCES, PENALTIES FOR RECKLESS DRIVING AND ACCIDENTS INVOLVING DAMAGE TO VEHICLE, AND ABANDONED AUTOMOBILES.
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 of the ordinance reads as follows:
SECTION 4-574. PENALTIES FOR VIOLATION. Any person violating any section of this title shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211.
Each day such violation continues shall be considered a separate offense.
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.
SECTION 10-0119. HOURS OF SALE - PROHIBITION OF SALES ON HOLIDAYS.
1. A person may not dispense or permit the consumption of alcoholic beverages on a licensed premises between two a.m. and eleven a.m. on Sundays, between the hours of two a.m. and eight a.m. all other days of the week, or on Christmas Day, or after six p.m. on Christmas Eve. In addition, a person may not provide off-sale after two a.m. on Thanksgiving Day or between two a.m. and noon on Sunday. A person who violates this section is guilty of a Class B Misdemeanor.
SECTION 10-0127. PENALTY. Any violation of this chapter shall, upon conviction thereof, be a Class B Misdemeanor. Such a penalty should be in addition to the authority of the City Commission to suspend or revoke a license pursuant to Section 10-0113.
SECTION 13-0201. RECKLESS DRIVING. Any person is guilty of reckless driving if the person drives a vehicle:
1. Recklessly in disregard of the rights or safety of others; or
2. Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another. Except as otherwise herein provided, any person violating the provisions of this section shall be guilty of a class B misdemeanor.
SECTION 13-0204. ACCIDENTS INVOLVING DAMAGE TO VEHICLE - PENALTY.
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until the driver has fulfilled the requirements of Section 39-08-06 of the North Dakota Century Code. Every such stop must be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances is guilty of a class B misdemeanor.
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.
(April 1, 2019)2738284