[Ord. No. 521, § 1-1, 7-27-1970; Ord. No. 942, § 1, 11-22-2011]
In this chapter, unless the context or subject matter otherwise
requires:
Class A authorized emergency vehicles shall mean:
Vehicles of a governmentally owned fire department;
Vehicles when operated by or under the control of a police officer
having authority to enforce the provisions of this chapter or by a
salaried employee of any municipal police department within the City
or by any sheriff or deputy sheriff not to include special deputy
sheriffs, or by the warden of the state penitentiary and his authorized
agents, or by the state highway patrol, or by crime bureau officers
of North Dakota;
Ambulances;
Vehicles operated by or under the control of the commissioner,
and district deputy commissioner, and district deputy game warden
of the North Dakota game and fish department;
Vehicles owned or leased by the United States government used
for law enforcement purposes; North Dakota truck regulatory officers,
or by
Vehicles designated for the use of the adjutant general and
assistant adjutant general in cases of emergency; and
Vehicles operated by or under the control of the director, assistant
director and park superintendents of the North Dakota parks and recreation
department.
Class B authorized emergency vehicles shall mean wreckers and
such other emergency vehicles as are authorized by the local authorities;
and
Class C authorized emergency vehicles means those vehicles authorized
by state and local disaster emergency services organizations and those
vehicles used by volunteer firemen while performing their assigned
disaster and emergency responsibilities.
A motorized bicycle and every device propelled by human power
upon which any person may ride, having two tandem wheels, either of
which is more than 20 inches (50.8 centimeters) in diameter;
Every motor vehicle designed for carrying more than 10 passengers
and used for the transportation of persons, and every motor vehicle,
other than a taxicab, designed and used for the transportation of
persons for compensation;
A vehicle designed, maintained, or used primarily for the
transportation of property, provided however that such definitions
shall not include vehicles designated or titled as 3/4 ton or less;
The commissioner of the North Dakota state highway department,
acting directly or through his authorized agents;
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have not legal right
to access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway;
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway; or any portion of
a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface;
Every person who drives or is in actual physical control
of a vehicle;
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel and of every way privately
maintained within a mobile home park, trailer park or campground containing
five or more lots for occupancy by mobile homes, travel trailers or
tents when any part thereof is open for purposes of vehicular travel;
The area embraced within the prolongation or connection of
the lateral curb lines or, if none, then the lateral boundary lines
of the roadways of two highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
Where a highway includes two roadways 30 feet (9.14 meters) or more
apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection.
In the event such intersecting highway also includes two roadways
30 feet (9.14 meters) or more apart, then every crossing of two roadways
of such highways shall be regarded as a separate intersection;
Includes any beverage containing alcohol;
A person who holds the legal title to a vehicle;
Shall include every county, municipal and other local board
or body having authority to adopt local police regulations under the
constitution and laws of this state;
Includes every vehicle, except motorized bicycles, which
is self-propelled and every vehicle is propelled by electric power
obtained from overhead trolley wires, but not operated upon rails;
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding implements of husbandry;
A vehicle equipped with two or three wheels, foot pedals
to permit muscular propulsion, a power source providing up to a maximum
of two brake horsepower having a maximum piston or rotor displacement
of 3.05 cubic inches (49.98 milliliters) if a combustion engine is
used, which will propel the vehicle, unassisted, at a speed not to
exceed 30 miles (48.28 kilometers) per hour on a level road surface,
is equipped with a power drive system that functions directly or automatically
only, not requiring clutching or shifting by the operator after the
drive system is engaged, and shall have a width no greater than 32
inches (81.28 centimeters);
Any person who is not a resident of this state;
The privilege conferred upon a nonresident by the laws of
this state pertaining to the operation by such person of a motor vehicle,
or the use of a vehicle owned by such person, in this state;
All signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning
or guiding traffic;
Every person who drives or is in actual physical control
of a motor vehicle upon a highway or who is exercising control over
or steering a vehicle being towed by a motor vehicle;
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, but excludes a lessee under a lease not intended as
security;
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading;
Any person afoot;
Every officer authorized to direct or regulate traffic or
to make arrests for violations of traffic regulations;
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons;
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails;
Any sign, signal or device erected by authority of a public
body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train;
Every vehicle of a type required to be registered under this
chapter materially altered from its original construction by the removal,
addition or substitution of essential parts, new or used;
The privilege of the immediate use of a roadway;
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two or more separate roadways, the term "roadway"
as used in this chapter shall refer to any such roadway separately
but not to all such roadways collectively;
The area or space officially set aside within a highway for
the exclusive use of pedestrians and which is so plainly marked or
indicated by proper signs as to be plainly visible at all times while
set aside as a safety zone;
Every motor vehicle owned by a public or governmental agency
and operated for the transportation of children to or from school
or to or from school-related activities, or privately owned and operated
for compensation for the transportation of children to or from school
or to or from school-related activities;
Includes every vehicle of the trailer type so designed and
used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried by another
motor vehicle;
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians;
Any vehicle under a distinctive name, make, model or type
by a generally recognized manufacturer of vehicles and not materially
altered from its original construction;
The halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers;
A state, territory or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico or a province
of the Dominion of Canada;
Any halting, even momentarily, or a vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic-control
sign or signal;
Complete cessation from movement;
The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel;
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway and in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided by law;
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purpose of travel;
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed;
Includes every vehicle without motive power designated to
carry property or passengers wholly on its own structure and to be
drawn by a motor vehicle; except that it shall not include a "house
trailer" or "mobile home," which terms shall mean a vehicle as defined
in this subsection which is designed and intended for use as living
or sleeping quarters for people and which is not used for commercial
hauling of passengers.
Any vehicle designed or operated for the transportation of
property whose body weight or whose combined body and load weight
exceeds 12,000 pounds registered gross weight.
Includes every device in, upon or by which any person or
property may be transported or drawn upon a public highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
[Ord. No. 521, § 3-1, 7-27-1976]
(a)
It shall be the duty of the officers of the police department, or
such officers as are assigned by the chief of police, to enforce all
street traffic laws of this City and all of the state vehicle laws.
(b)
Officers of the police department or such officers as are assigned
by the chief of police are hereby authorized to direct all traffic
by voice, hand or signal in conformance with traffic laws, provided
that, in the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians, officers of the police department may
direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
(c)
Officers of the fire department, when at the scene of a fire, may
direct or assist the police in directing traffic thereat or in the
immediate vicinity.
[Ord. No. 521, § 3-2, 7-27-1976]
It shall be unlawful for any person to do any act forbidden
or fail to perform any act required by the provisions of this chapter.
[Ord. No. 521, § 3-3, 7-27-1976]
No person shall willfully refuse to comply with any lawful order
or direction of any police officer or fireman invested by law with
authority to direct, control or regulate traffic.
[Ord. No. 521, § 3-6, 7-27-1976]
The provisions of this chapter shall apply to the drivers of
all vehicles owned or operated by the United States, this state, or
any county, town, district or any other political subdivision of the
state, subject to such specific exceptions as are set forth in this
chapter or in the state vehicle code.
[Ord. No. 501, 7-22-1975]
(a)
It shall be unlawful for any person to commit any of the following
acts:
(1)
To operate, or for the owner thereof knowingly to permit anyone to
operate upon the streets or avenues of the City, any motor vehicle,
the registration of which has been cancelled or revoked, or which
is not registered, or which does not have attached thereto and displayed
thereon a number plate or plates assigned thereto by the Registrar
of Motor Vehicles of North Dakota for the current registration year.
(2)
To display, or cause or permit to be displayed, or to have in possession,
any registration card or registration number plate, knowing the same
to be fictitious, or to have been cancelled, or revoked, suspended
or altered.
(3)
No person shall operate or drive a motor vehicle on the public streets
or avenues of this City, unless such vehicle shall have a distinctive
number assigned to it by the Registrar of Motor Vehicles of North
Dakota and two numbered plates bearing such numbers conspicuously
displayed horizontally, and in an upright position; one on the front,
and one on the rear of such vehicle; each securely fastened, except
number plates assigned to motorcycles shall be attached to the rear
thereof. As far as reasonably possible, such plates shall be at all
times kept free and clear of mud, ice and snow, so as to be clearly
visible, and all number plates, markers or evidence of registration
or licensings, except for the current year, shall be removed from
such vehicles. An annual registration tab or sticker for the current
registration year shall be displayed for each number plate in those
years for which such tabs or stickers are issued in lieu of number
plates.
(b)
Any person violating any provisions of this section shall be punished
by not more than a $100 fine, or 30 days in jail, or both.
[Ord. No. 995, 6-10-2014]
(a)
The owner or transferor of a motor vehicle who transfers title to
a vehicle shall endorse an assignment and warranty of title upon the
certificate of title to the vehicle. The owner or transferor shall
include on the assignment and warranty of title the name of the transferee
and the selling price of the vehicle if applicable.
(b)
If legal title passes to the transferee, the owner shall deliver
the endorsed certificate of title to the transferee within 15 days.
(c)
If legal title passes to a lienholder rather than the transferee,
the transferee shall endorse a statement that the lienholder holds
the lien and shall send the certificate of title to the North Dakota
Department of Motor Vehicles with an application for a new certificate
of title showing the names of the new owner and lienholder. The certificate
of title when issued must be sent by the Department to the lienholder
or the Department may use an electronic lien notification procedure
in lieu of sending a certificate of title to a lienholder.
(d)
Within 30 days, the transferee shall deliver the endorsed certificate
of title to the Department of Motor Vehicles with the required transfer
fee, and shall make an application for a new certificate of title.
(1)
In addition to any other penalty, the registration to a motor
vehicle may be suspended or revoked if the transferee fails to present
the endorsed certificate of title within 30 days.
(e)
A violation of this section by an owner, lienholder, or transferee
is a Class B misdemeanor punishable by up to a $1,500 fine, up to
30 days in jail, or both.
[Ord. No. 527, § 1, 11-23-1976]
Any person driving a vehicle upon a street or highway or in
an area used principally for public parking shall drive the same in
a careful and prudent manner, having due regard to the traffic, surface
and width of the street or highway or area used principally for public
parking, and shall give such warnings as are reasonably necessary
for safe operation under the circumstances. No person shall drive
any vehicle upon a street or highway or in an area used principally
for public parking in a manner to endanger the life, limb or property
of any person. Any person convicted of violating the requirements
of this section shall be guilty of driving without due care (care
required) and shall be assessed a fee of up to $30.
[Ord. No. 521, § 19-2, 7-27-1976]
[Ord. No. 521, § 19-11, 7-27-1976]
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 the municipal court, a
patrolman, peace officer or a field deputy or inspector of the highway
department. However, no person charged with violating this section
shall be convicted or assessed any court costs if he produces in court,
to the chief of police or in the office of the arresting officer,
an operator's license or permit theretofore issued to him and valid
and not under suspension, revocation or cancellation at the time of
his arrest.
[Ord. No. 521, §§ 19-9,
19-10, 7-27-1976]
No person shall drive any motor vehicle upon a highway in this
City unless such person has a valid license as an operator or is expressly
exempted from licensing requirements by the laws of this state.
[Ord. No. 521, § 19-6, 7-27-1976; Ord. No. 620, § 1, 6-28-1983; Ord. No. 654, 8-27-1985]
(a)
Any person who drives a motor vehicle an any public highway of this
City at a time when his license or privilege so to do is suspended
or revoked shall be guilty of an offense.
(b)
If the suspension or revocation was imposed for violation of N.D.C.C.
Section 39-08-01 or equivalent ordinance or was governed by N.D.C.C.
39-06-1931 or N.D.C.C. Chapter 39-20 as those laws currently exist
or may be hereinafter amended, the sentence must be at least four
days imprisonment and such fine as the court deems proper. The sentence
and the imposition of sentence may not be suspended under N.D.C.C.
Chapter 12-53, as this law currently exists or may be hereinafter
amended. Forfeiture of bail is not permitted in lieu of the defendant's
personal appearance in open court for arraignment on a charge under
this subsection.
[Ord. No. 521, § 19-1, 7-27-1976; Ord. No. 620, § 2, 6-28-1983; Ord. No. 871, 12-9-2003; Ord. No. 970, 8-27-2013]
(1)
A person may not drive or be in actual physical control of any vehicle
upon a highway or upon public or private areas to which the public
has a right of access for vehicular use in this State if any of the
following apply:
(a)
That person has an alcohol concentration of at least eight 100
of 1% by weight at the time of the performance of a chemical test
within two hours after the driving or being in actual physical control
of a vehicle.
(b)
That person is under the influence of intoxicating liquor.
(c)
That person is under the influence of any drug or substance
or combination of drugs or substances to a degree which renders that
person incapable of safely driving.
(d)
That person is under the combined influence of alcohol and any
other drugs or substances to a degree which renders that person incapable
of safely driving.
(e)
That individual refuses to submit to any of the following:
1.
A chemical test, or tests, of the individual's blood, breath,
or urine to determine the alcohol concentration or presence of other
drugs, or combination thereof, in the individual's blood, breath,
or urine, at the direction of a law enforcement officer under N.D.C.C.
§ 39-06.2-10.2 if the individual is driving or is in actual
physical control of a commercial motor vehicle; or
2.
A chemical test, or tests, of the individual's blood, breath,
or urine to determine the alcohol concentration or presence of other
drugs, or combination thereof, in the individual's blood, breath,
or urine, at the direction of a law enforcement officer under N.D.C.C.
§ 39-20-01; or
3.
An on-site screening test, or tests, of the individual's breath
for the purpose of estimating the alcohol concentration in the individual's
breath upon the request of a law enforcement officer under N.D.C.C.
§ 39-20-14. The fact that any person charged with violating
this section is or has been legally entitled to use alcohol or other
drugs or substances is not a defense against any charge for violating
this section, unless a drug which predominately caused impairment
was used only as directed or cautioned by a practitioner who legally
prescribed or dispensed the drug to that person.
(2)
An individual who operates a motor vehicle on a highway or on public
or private areas to which the public has a right of access for vehicular
use in this State who refuses to submit to a chemical test, or tests,
required under section N.D.C.C. §§ 39-06.2-10.2, 39-20-01,
or 39-20-14, is guilty of an offense under this section.
[Ord. No. 521, § 19-1, 7-27-1976; Ord. No. 620, § 3, 6-28-1983; Ord. No. 871, 12-9-2003; Ord. No. 970, 8-27-2013]
(1)
An individual violating this section or equivalent ordinance is guilty of a Class B misdemeanor for the first or second offense in a seven-year period, of a Class A misdemeanor for a third offense in a seven-year period, of a Class C felony for any fourth or subsequent offense regardless of the length of time since the previous offense. The minimum penalty for violating this section is as provided in Subsection (3). The Court shall take judicial notice of the fact that an offense would be a subsequent offense if indicated by the records of the Director or may make a subsequent offense finding based on other evidence.
(2)
Upon conviction of a second or subsequent offense within five years
under this section or equivalent ordinance, the Court may order the
motor vehicle number plates of all of the motor vehicles owned and
operated by the offender at the time of the offense to be destroyed
by the office of the Police Officer that made the arrest. The offender
shall deliver the number plates to the Court without delay at a time
certain as ordered by the Court following the conviction. The Court
shall deliver the number plates to the office and notify the Department
of the order. An offender who does not provide the number plates to
the Court at the appropriate time is subject to revocation of probation.
(3)
A person convicted of violating this section, or an equivalent ordinance,
must be sentenced in accordance with this subsection. For purposes
of this subsection, unless the context otherwise requires, "drug court
program" means a District Court-supervised treatment program approved
by the Supreme Court which combines judicial supervision with alcohol
and drug testing and chemical addiction treatment in a licensed treatment
program. The Supreme Court may adopt rules, including rules of procedure,
for drug courts and the drug court program.
a.
1.
For a first offense, the sentence must include both a fine of at
least $500 and an order for addiction evaluation by an appropriate
licensed addiction treatment program.
2.
In addition, for a first offense when the convicted person has an
alcohol concentration of at least 0.16 of 1% by weight, the offense
is an aggravated first offense and the sentence must include a fine
of at least $750 and at least two days imprisonment.
b.
For a second offense within seven years, the sentence must include
at least 10 days' imprisonment, of which 48 hours must be served consecutively;
a fine of $1,500; an order for addiction evaluation by an appropriate
licensed addiction treatment program; and at least 12 months' participation
in the 24 seven sobriety program under N.D.C.C. Chapter 54-12 as a
mandatory condition of probation.
c.
The imposition of sentence under this section may not be deferred
under Subsection 4 of N.D.C.C. § 12.1-32-02 for an offense
subject to this section.
d.
If the offense is subject to Subdivision a or b, a Municipal Court
or District Court may not suspend a sentence, but may convert each
day of a term of imprisonment to 10 hours of community service for
an offense subject to paragraph 2 of Subdivision a.
(4)
As used in subdivisions b and c of Subsection (3) the term "imprisonment" includes house arrest. As a condition of house arrest, a defendant may not consume alcoholic beverages. The house arrest must include a program of electronic home detention and the defendant shall participate in the 24 seven sobriety program. The defendant shall defray all costs associated with the electronic home detention. For an offense under Subdivision b or c of Subsection (3) no more than 90% of the sentence may be house arrest.
(5)
As used in this title, participation in the twenty-four/seven sobriety
program under N.D.C.C. Chapter 54-12 means compliance with N.D.C.C.
§§ 54-12-27 through 54-12-1931, and requires sobriety
breath testing twice per day seven days per week or electronic alcohol
monitoring, urine testing, or drug patch testing. The offender is
responsible for all 24/7 sobriety program fees and the Court may not
waive the fees.
[Ord. 655, § 1, 8-27-1985]
If the defendant is found guilty of a violation of a municipal
ordinance and is committed as provided in Section 40-11-12 N.D.C.C.,
the governing body may provide by ordinance that the defendant work
for the City at such labor as the defendant's health and strength
permit, not exceeding eight hours in each working day. For that work,
the person so imprisoned must be allowed for each day, exclusive of
board, $10 on account of the fines and costs assessed.
[Ord. 655, § 2, 8-27-1985]
If a person is convicted under an ordinance prohibiting driving
or being in physical control of a vehicle while under the influence
of intoxicating liquor or a narcotic drug, the court shall order the
person to an appropriate licensed addiction treatment program for
addiction evaluation.
[Ord. No. 521, § 19-1, 7-27-1976]
Upon conviction, the court may order the motor vehicle number
plates of the motor vehicle owned and operated by the offender at
the time of the offense to be impounded by the sheriff or the chief
law enforcement officer of the City, as is appropriate, for the duration
of the period of suspension of the offenders driver's license or driving
privilege by the licensing authority. The impounded motor vehicle
number plates may be released, upon the order of the court, to a bona
fide purchaser of the offender's motor vehicle, if that purchaser
produces a new certificate of title issued by the motor vehicle registrar.
[Repealed by Ord. No. 620, § 5, 6-28-1985]
[Ord. No. 527, § 19-1-A, 7-27-1976; Ord. No. 620, § 6, 6-28-1983; Ord. No. 870, 12-9-2003]
(a)
Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving
or in actual physical control of a motor vehicle while under the influence
of intoxicating liquor, drugs, or a combination thereof, evidence
of the amount of alcohol, drugs, or a combination thereof in the person's
blood at the time of the act alleged as shown by a chemical analysis
of the blood, breath, saliva, or urine is admissible. For the purposes
of this section:
(1)
A person having, at that time, an alcohol concentration of not
more than 0.05 of 1% by weight is presumed not to be under the influence
of intoxicating liquor.
(2)
Evidence that there was at that time more than five one-hundredths
of 1% by weight alcohol concentration in a person is relevant evidence,
but it is not to be given prima facie effect in indicating whether
the person was under the influence of intoxicating liquor.
(3)
A person having an alcohol concentration of at least eight one-hundredths
of 1% by weight or, with respect to a person under 21 years of age,
an alcohol concentration of at least two one-hundredths of 1% by weight
at the time of the performance of a chemical test within two hours
after driving or being in physical control of a vehicle is under the
influence of intoxicating liquor at the time of driving or being in
physical control of a vehicle.
(4)
Alcohol concentration is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of alveolar
air or grams of alcohol per 67 milliliters of urine.
(5)
The results of the chemical analysis must be received in evidence
when it is shown that the sample was properly obtained and if the
test was fairly administered, and if the test is shown to have been
performed according to methods and with devices approved by the state
toxicologist, and by an individual possessing a certificate of qualification
to administer the test issued by the state toxicologist. The state
toxicologist is authorized to approve satisfactory devices and methods
of chemical analysis and determine the qualifications of individuals
to conduct such analysis, and shall issue a certificate to all qualified
operators who exhibit the certificate upon demand of the person requested
to take the chemical test.
(6)
The state toxicologist may appoint, train, certify, and supervise
field inspectors of breath testing equipment and its operation, and
the inspectors shall report the findings of any inspection to the
state toxicologist for appropriate action. Upon approval of the methods
or devices, or both, required to perform the tests and the persons
qualified to administer them, the state toxicologist shall prepare
and file written record of the approval with the director and the
recorder in each county, unless the board of county commissioners
designates a different official, and shall include in the record:
a.
An annual register of the specific testing devices currently
approved, including serial number, location, and the date and results
of last inspection.
b.
An annual register of currently qualified and certified operators
of the devices, stating the date of certification and its expiration.
c.
The operational checklist and forms prescribing the methods
currently approved by the state toxicologist in using the devices
during the administration of the tests.
The material filed under this section may be supplemented when
the state toxicologist determines it to be necessary, and any supplemental
material has the same force and effect as the material that it supplements.
(8)
A certified copy of the analytical report of a blood, urine, or saliva analysis referred to in Subsection (5) and which is issued by the state toxicologist must be accepted as prima facie evidence of the results of a chemical analysis performed under this chapter. The certified copy satisfies the directive of Subsection (5).
(9)
Notwithstanding any statute or rule to the contrary, a defendant
who has been found to be indigent by the court in the criminal proceeding
at issue may subpoena, without cost to the defendant, the person who
conducted the chemical analysis referred to in this section to testify
at the trial on the issue of the amount of alcohol, drugs, or a combination
thereof in the defendant's blood, breath, saliva, or urine at the
time of the alleged act. If the state toxicologist, the director of
the state crime laboratory, or any employee of either, is subpoenaed
to testify by a defendant who is not indigent and the defendant does
not call the witness to establish relevant evidence, the court shall
order the defendant to pay costs to the witness as provided in N.D.C.C.
§ 31-01-16.
[Code 1957, § 23.1]
No person shall drive any vehicle upon a sidewalk or sidewalk
area except upon a permanent or duly authorized temporary driveway.
[Ord. No. 521, § 18-4, 7-27-1976]
(a)
The traffic engineer or authorized person may determine and designate
those heavily traveled streets upon which shall be prohibited the
use of the roadway by motor-driven cycles, bicycles, horse-drawn vehicles
or other nonmotorized traffic and shall erect appropriate signs giving
notice thereof.
(b)
When signs are so erected giving notice thereof, no person shall
disobey the restrictions stated on such signs.
[Ord. No. 521, § 3-8, 7-27-1976]
(a)
Upon the immediate approach of an authorized emergency vehicle giving
an audible signal by bell, siren or exhaust whistle and displaying
a visible flashing, revolving or rotating blue, white or red light,
the driver of every other vehicle shall yield the right-of-way and
shall immediately drive to a position parallel to, and as close as
possible to, the right-hand edge or curb of the roadway clear of any
intersection and shall stop and remain in such position until the
authorized emergency vehicle has passed, except when otherwise directed
by a police officer.
(b)
Whenever an emergency vehicle is parked or stopped at the scene of
an emergency and is displaying a flashing, revolving or rotating blue,
white or red light, approaching traffic shall move to the right-hand
edge or curb of the road-way and shall stop, but once having stopped,
traffic may proceed past the scene at its own risk when the roadway
is clear, except when otherwise directed by a police officer.
(c)
This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons using the highway.
[Ord. No. 521, § 3-7, 7-27-1976]
(a)
The driver of a Class A authorized emergency vehicle may:
(1)
Park or stand, irrespective of the provisions of this chapter;
(2)
Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
(3)
Exceed the speed limit, so long as he does not endanger life
or property;
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
[Ord. No. 521, § 3-7, 7-27-1976]
(a)
The exceptions granted in § 10-20 to a Class A authorized emergency vehicle shall apply only:
(1)
When the authorized emergency vehicle is in pursuit of or in
apprehension of a violator or a suspected violator requiring the use
of these exemptions;
(2)
When the Class A authorized emergency vehicle is being operated
in response to a reported emergency involving a possible personal
injury, death or damage to property, and when giving audible signal
by siren or when giving adequate warning by use of a flashing red
or combination red and white lights which are visible under normal
atmospheric conditions for at least 500 feet (152.4 meters);
(3)
In any instance when the head of a law enforcement agency deems
advisable within the area of his jurisdiction for the protection of
person and property and when giving audible signal by siren or when
giving adequate warning by use of a flashing red or combination red
and white lights which are visible under normal atmospheric conditions
for at least 500 feet (152.4 meters).
[Ord. No. 521, § 3-7, 7-27-1976]
No emergency vehicle shall display or permit to be displayed
any red lamp except when operated on official business.
[Ord. No. 521, § 3-7, 7-27-1976]
(a)
The driver of a Class B authorized emergency vehicle may:
[Ord. No. 521, § 3-7, 7-27-1976]
(a)
The exceptions granted in § 10-23 to a Class B authorized emergency vehicle shall apply only when the authorized emergency vehicle is displaying an amber light visible under normal atmospheric conditions for a distance of 500 feet in any direction, and
(1)
When it is necessary for the authorized emergency vehicle to
use these exemptions for the immediate protection of life or property;
(2)
When an authorized emergency vehicle is stopped on a highway
for the purpose of performing a duty as required of him; or
(3)
When traveling at a speed slower than the normal flow of traffic.
[Ord. No. 521, § 3-7, 7-27-1976]
All Class B specifications shall apply to Class C authorized emergency vehicles, except that a rotating blue flashing light shall be displayed in place of an amber light as provided in § 10-24.
[Ord. No. 521, § 3-5, 7-27-1976]
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle or similar device, shall go upon any road-way
except while crossing a street on a crosswalk and when so crossing
such person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians. This section shall
not apply upon any street while set aside as a play street as authorized
in this chapter.
[Ord. No. 521, § 3-4, 7-27-1976]
(a)
Every person propelling any pushcart upon a roadway shall be granted
all of the rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter and by the rules of the
road portion of the state vehicle code, except those provisions which
by their very nature can have no application.
(b)
Every person riding a bicycle or an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the rights and shall
be subject to all of the duties applicable to the driver of a vehicle
by this chapter, except those provisions of this chapter which by
their very nature can have no application.
[Ord. No. 521, § 19-3, 7-27-1976]
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 he has fulfilled the requirements of § 10-29. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of an offense.
[Ord. No. 521, § 19-4, 7-27-1976]
The driver of any vehicle which collides with any vehicle which
is unattended shall immediately stop and shall then and there either
locate and notify the operator or owner of the vehicle of the name
and address, as well as the name of the motor vehicle insurance policy
carrier, of the driver and owner of the vehicle striking the unattended
vehicle or shall leave in a conspicuous place in the vehicle struck
a written notice giving the name and address, as well as the name
of the motor vehicle insurance policy carrier, of the driver and of
the owner of the vehicle doing the striking and a statement of the
circumstances of the collision.
[Ord. No. 521, § 19-5, 7-27-1976]
The driver of any vehicle involved in an accident resulting
only in damage to fixtures or other property legally upon or adjacent
to a highway shall take reasonable steps to locate and notify the
owner or person in charge of such property of such fact and of his
name and address and of the registration number of the vehicle he
is driving and shall upon request and if available exhibit his operator's
or chauffeur's license and shall make report of such accident when
and as required in sections 10-31 — 10-35.
[Ord. No. 521, § 3-9, 7-27-1976]
The driver of a vehicle involved in an accident resulting in
injury to or death of any person, or property damage to an apparent
extent of $300 or more, shall immediately give notice of such accident
to the local police department. Within five days after such accident,
the driver shall also forward a written report of the accident to
the highway commissioner.
[Ord. No. 521, § 3-9, 7-27-1976]
Any person who gives information reports on accidents, as required
in this article, knowing or having reason to believe that such information
is false, shall be guilty of a violation of this chapter.
[Ord. No. 521, § 3-9, 7-27-1976]
(a)
An accident notice under this article is not required from any person
who is physically incapable of making the report during the period
of such incapaCity.
(b)
Whenever the driver of a vehicle is physically incapable of giving
an immediate notice of an accident and there was another occupant
in the vehicle at the time of the accident capable of doing so, such
occupant shall make or cause to be given the notice by the driver.
(c)
Whenever the driver is physically incapable of making a written report
of an accident and such driver is not the owner of the vehicle, then
the owner of the vehicle involved shall within five days after learning
of the accident make such report not made by the driver.
[Ord. No. 521, § 3-9, 7-27-1976]
When it shall appear to the magistrate that any person has failed
to file a written report in compliance with this article, he shall
notify the highway commissioner of such failure so that appropriate
action may be taken pursuant to N.D.C.C. § 39-98-09.
[Ord. No. 521, § 3-9, 7-27-1976]
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a reportable accident as provided in § 10-31 or of being struck by any bullet, shall report or cause a report to be made to a police officer within 24 hours after such motor vehicle is received, and before any repairs are made to such vehicle, giving the registration number and the name and address of the owner, operator or person in control of such vehicle with a description of the location and type of damage to the vehicle, or any missing parts, if the vehicle does not have a sticker on a window thereof issued by a police officer, sheriff or highway patrolman, bearing information to show that the accident in which the vehicle was involved had been investigated. The police officer investigating any reportable accident shall attach a sticker to the window of any damaged vehicle showing that the accident in which such vehicle was involved has been investigated. If the vehicle does bear such a sticker, the garage or repair shop need not make the accident report this article requires and may begin repairs immediately. After repairs have been made and before the vehicle is released, the sticker provided for in this section shall be removed.
[Ord. No. 586, 10-22-1981; Ord. No. 667, 4-10-1986; Ord. No. 734, 2-26-1991; Ord. No. 752, 3-24-1992; Ord. No. 883, 7-12-2005; Ord. No. 969, 8-27-2013; Ord. No. 1012, 1-27-2015, Ord. 1029, 10-27-2015]
(1)
A person may not drive, or the owner may not cause or knowingly permit
to be driven, a motor vehicle in this state without a valid policy
of liability insurance in effect in order to respond in damages for
liability arising out of the ownership, maintenance, or use of that
motor vehicle as required by North Dakota Century Code § 39-16.1.
(2)
Upon being stopped by a law enforcement officer for the purpose of enforcing or investigating the possible violation of an ordinance or state law, the person driving the motor vehicle shall provide to the officer upon request satisfactory evidence, including written or electronic proof of insurance, of the policy required under this section. If unable to comply with the request, that person may be charged with a violation of this section. If that person produces satisfactory evidence, including written or electronic proof of insurance, of a valid policy of liability insurance in effect at the time of the alleged violation of this section to the office of the court under which the matter will be heard, that person may not be convicted or assessed any administration fee for violation of Subsection (1).
(3)
Notwithstanding N.D.C.C. § 26.1-30-18, a person may be convicted
for failure to have a valid policy of liability insurance in effect
under this section if the time of acquisition of the policy was after
the time of the alleged incidence of driving without liability insurance.
If the time of acquisition of the policy comes into question, the
driver or owner has the burden of establishing the time of acquisition.
If the driver is not an owner of the motor vehicle, the driver does
not violate this section if the driver provides the court with evidence
identifying the owner of the motor vehicle and describing circumstances
under which the owner caused or permitted the driver to drive the
motor vehicle.
(4)
Violation of this section is a $150 fine. For a second or subsequent
violation within a period of three years, the fine is $300 and the
court shall order the motor vehicle number plates of the motor vehicle
owned and operated by the person at the time of the violation to be
impounded until that person provides proof of insurance and a $20
fee to the court. The person shall deliver the number plates to the
court without delay at a time certain as ordered by the court following
the conviction. The court shall deliver the number plates to the office
of the police officer that made the arrest and notify the department
of the order. A person who does not provide the number plates to the
court at the appropriate time is guilty of a Class B misdemeanor.
(5)
For a violation of Subsection (1) or equivalent ordinance, the person who has been convicted shall provide proof of motor vehicle liability insurance to the department in the form of a written or electronically transmitted certificate from an insurance carrier authorized to do business in this state. This proof must be provided for a period of one year and kept on file with the department. If the person fails to provide this information, the department shall suspend that person's driving privileges and may not issue or renew that person's operator's license unless that person provides proof of insurance.
(6)
A person who has been convicted for violation of Subsection (1) or equivalent ordinance shall surrender that person's operator's license and purchase a duplicate operator's license with a notation requiring that person to keep proof of liability insurance on file with the department. The fee for this license is $50 and the fee to remove this notation is $50.
(7)
When an insurance carrier has certified a motor vehicle liability
policy, the insurance carrier shall notify the director no later than
10 days after cancellation or termination of the certified insurance
policy by filing a notice of cancellation or termination of the certified
insurance policy; except that a policy subsequently procured and certified
shall, on the effective date of its certification, terminate the insurance
previously certified with respect to any motor vehicle designated
in both certificates.
[Ord. No. 611, §§ 1
— 3, 4-26-1983]
It shall be unlawful for any person to print, photograph, photostat,
duplicate, alter, or in any way reproduce any operator's or driver's
license or permit or facsimile thereof, or to print, photograph, photostat,
duplicate, alter, or in any way reproduce any document used in the
production of any operator's or driver's license or permit or facsimile
thereof, in such a manner that it would be mistaken for a valid license
or document containing valid information, or to display or have in
his possession any such print, photograph, photostat, duplicate, reproduction,
or facsimile unless authorized by the provisions of the North Dakota
law.
It shall also be unlawful for any person to alter in any manner
any operator's or driver's license or permit, or to display or have
in his possession any altered operator's or driver's license or permit.
Any person, violating any of the terms or provisions of this section shall upon conviction be punished by a fine as stated in § 1-11 of this Code. The court shall have the power to suspend said sentence and to revoke the suspension thereof.
[Ord. No. 612, §§ 1,
2, 4-26-1983]
It shall be unlawful for any person to operate upon the streets,
avenues, alleys, and public thoroughfares of the City a motor vehicle
in any manner in violation of the restrictions imposed in a restricted
license issued to him under state law.
Any person violating the terms or provisions of this section shall upon conviction be punished by a fine as stated in § 1-11 of this Code. The court shall have the power to suspend said sentence and to revoke the suspension thereof.
[Ord. No. 621, §§ 1
— 3, 6-28-1983; Ord. No. 705, 10-27-1987; Ord. No. 753, §§ 1 —
3; Ord. No. 829, 4-11-2000; Ord. No. 842, 12-27-2000; Ord. No. 886, 9-27-2005; amended 10-11-2022 by Ord. No. 1137]
(a)
If a child, under eight years of age, is present in a motor vehicle,
that motor vehicle must be equipped with at least one child restraint
system for the child. However, a child under the age of eight who
is at least fifty-seven inches [1.45 meters] tall is not required
to use a child restraint system, but must be correctly buckled in
a safety belt. The child restraint system must meet the standards
adopted by the United States department of transportation for those
systems [49 CFR 571.213]. While the motor vehicle is in motion, the
child must be properly secured in the child restraint system in accordance
with the manufacturer's instructions. While the motor vehicle is moving,
each child of eight through seventeen years of age who is in the motor
vehicle must be in an approved child restraint system in accordance
with the manufacturer's instructions or correctly buckled in a safety
belt. Use of child restraint systems and safety belts is not required
in motor vehicles that were not equipped with safety belts when manufactured.
If a child is being transported in an emergency situation, this section
does not apply.
(b)
Violation of this section is punishable by a fine not to exceed $25.
(c)
Violation of this section is not, in itself, evidence of negligence.
The fact of a violation of this section is not admissible in any proceeding
other than one charging the violation.
[Ord. No. 772, 12-27-1994; Ord. No. 828, 4-11-2000]
Subject to the limitations of Section 39-21-1941.4 N.D.C.C.
and Section 39-21-1941.5 N.D.C.C., a driver may not operate upon a
highway a motor vehicle designed for carrying fewer than 11 passengers,
which was originally manufactured with safety belts unless each front
seat occupant is wearing a properly adjusted and fastened safety belt.
This section does not apply to a child in a child restraint or seat
belt in accordance with Section 39-21-1941.2; to drivers of implements
of husbandry; to operators of farm vehicles as defined in Subsection
5 of Section 39-04-19 N.D.C.C.; to rural mail carriers while on duty
delivering mail; to an occupant with a medical or physically disabling
condition that prevents appropriate restraint in a safety belt, if
a qualified physician states in a signed writing the nature of the
condition and the reason restraint is inappropriate; or when all front
seat safety belts are in use by other occupants. A physician who,
in good faith, provides a statement that restraint would be inappropriate
is not subject to civil liability.
[Ord. No. 830, 4-11-2000]
(1)
Every passenger car manufactured or assembled after January 1, 1965,
must be equipped with lap belt assemblies for use in the driver's
and one other front seating position.
(2)
All motor vehicles manufactured after January 1, 1968, must be equipped with any lap belt or shoulder belt required at the time the vehicle was manufactured by standards of the United States Department of Transportation. Nothing in this subsection affects the requirement in Subsection (1) for lap belt in the driver's seating position.
(4)
No person may install, distribute, have for sale, offer for sale,
or sell any belt for use in motor vehicles unless it meets current
minimum standards and specifications of the United States Department
of Transportation.
(5)
Every owner shall maintain belts and assemblies required by this
section in proper condition and in a manner that will enable occupants
to use them.
[Ord. No. 772, 12-27-1994; Ord. No. 827, 4-11-2000]
A peace officer may not issue a citation for a violation of
Section 39-21-1941.4 N.D.C.C. unless the officer lawfully stopped
or detained the driver of the motor vehicle for another violation.
Drivers' license points may not be assessed against any person for
violation of Section 39-21-1941.4 N.D.C.C.
[Ord. No. 772, 12-27-1994]
Violation of this section is punishable by a fine not to exceed
$20.
