[Ord. No. 521, § 20-1, 7-27-1976]
Whenever any person is halted for the violation of any of the provisions of this chapter, the officer halting such person, except as otherwise provided in § 10-49, may:
[Ord. No. 521, § 20-2, 7-27-1976]
The time to be specified in the summons or notice provided for in § 10-47 shall be within 10 days after the issuance of such summons or notice unless the person halted shall demand an earlier hearing, and, if the person halted desires, he may have the right, at a convenient hour, to an immediate hearing or to a hearing within 24 hours. Such hearing shall be before the municipal court. Upon the receipt from the person halted of a written promise to appear at the time and place mentioned in the summons or notice, such officer shall release him from custody. Any person refusing to give such written promise to appear shall be taken immediately by the halting officer before the nearest or most accessible magistrate, or to such other place or before such person as may be provided by a statute or ordinance authorizing the giving of bail. Any person willfully violating his written promise to appear shall be guilty of an offense, regardless of the disposition of the charge upon which he originally was halted.
[Ord. No. 521, § 20-3, 7-27-1976]
(a)
The provisions of § 10-47 shall not apply to a person if:
(1)
The halting officer shall have good reason to believe such person guilty of any felony or when such person is halted and charged with any of the offenses listed in § 10-50, except reckless driving; or
(2)
The halting officer, acting within his discretion, deems it
advisable to release such person upon his promise to appear when halted
and charged with either of the following offenses:
(b)
The halting officer forthwith shall take any person not released
upon his promise to appear before the nearest or most accessible magistrate.
[Ord. No. 521, § 20-7, 7-27-1976]
(a)
The procedures authorized under sections 10-51 — 10-58 and 10-60 may not be utilized by a person charged with one of the following offenses:
(1)
Driving or being in actual physical control of a vehicle while under the influence of a controlled substance or intoxicating liquor in violation of § 10-12.
(2)
Reckless driving or aggravated reckless driving in violation of § 10-8 of this Code or state law.
(3)
Negligent homicide in violation of N.D.C.C. § 12.1-16-2003.
(4)
Manslaughter resulting from the operation of a motor vehicle.
(5)
Leaving the scene of an accident in violation of this chapter
or law.
(7)
Violating subdivisions b or c of Subsection 5 of N.D.C.C. § 39-24-09.
[Ord. No. 521, § 20-5, 7-27-1976]
If a person cited for a traffic violation, other than an offense listed in § 10-50, does not choose to follow one of the procedures set forth in § 10-60, he may request a hearing on the issue of his commission of the violation charged, the hearing to be held at the time scheduled in the citation or at some future time, not to exceed 90 days later, set at that first appearance.
[Ord. No. 521, § 20-5, 7-27-1976]
As used in sections 10-51 — 10-60 the word "official"
means the municipal judge.
[Ord. No. 521, § 20-5, 7-27-1976]
If the official conducting an administrative hearing under this
article finds that the person had committed the traffic violation,
he shall notify the licensing authority of that fact, and whether
the person was driving more than nine miles (14.48 kilometers) per
hour in excess of the lawful limit, stating specifically the miles
(kilometers) per hour in excess of the lawful limit, if charged with
a speeding violation, within 10 days of the date of the hearing. The
fact that a person has admitted a violation, or has, in any proceeding,
been found to have committed a violation, shall not be referred to
in any way, nor be admissible as evidence in any court, civil, equity
or criminal, except in an action or proceeding involving that person's
driving license or privilege.
[Ord. No. 521, § 20-5, 7-27-1976]
If a person is aggrieved by a finding in an administrative hearing
under this article that he committed the violation, he may, without
payment of a filing fee, appeal that finding to the district court
for trial anew, and the case may be tried to a jury, if requested.
If, after trial in the district court, the person is again found to
have committed the violation, there shall be no further appeal. Notice
of appeal under this section shall be given within 30 days after a
finding of commission of a violation is entered by the official. Oral
notice of appeal may be given to the official at the time that he
adjudges that a violation has been committed. Otherwise, notice of
appeal shall be in writing and filed with the official, and a copy
of the notice shall be served upon the City Attorney. An appeal taken
under this section shall not operate to stay any reporting requirements
nor to stay appropriate action by the licensed authority upon receipt
of that report.
[Ord. No. 521, § 20-5, 7-27-1976]
(a)
The district court, upon application by an appellant under this article,
may:
(1)
Order a stay of any action by the licensing authority during
pendancy of the appeal, but not to exceed a period of 120 days;
(2)
Order a stay and that the appellant be issued a temporary restricted
driving certificate by the licensing authority to be effective for
no more than 120 days; or
(3)
Deny the application.
[Ord. No. 521, § 20-5, 7-27-1976]
An application for a stay or temporary certificate under this
article shall be accompanied by a certified copy of the appellant's
driving record, for the furnishing of which the licensing authority
may charge a fee of $2. Any order granting a stay or a temporary certificate
shall be forwarded forthwith by the clerk of court to the licensing
authority, which shall issue a temporary certificate in accordance
with the order in the manner provided by law. A court shall not make
a determination on an application under this article without notice
to the appropriate prosecuting attorney. A person who violates or
exceeds the restrictions contained in any temporary restricted driving
certificate issued pursuant to this article shall be guilty of a traffic
violation and shall be assessed a fee of $20.
[Ord. No. 521, § 20-5, 7-27-1976]
If a person charged in an administrative hearing under this
article is found not to have committed the violation by the district
court or the jury, the clerk of court shall report that fact to the
licensing authority immediately, the City Attorney shall prosecute
the appeal.
[Ord. No. 521, § 20-5, 7-27-1976]
The City must prove the commission of a charged violation at
an administrative hearing or appeal under this article by a fair preponderance
of the evidence. Upon an appeal under sections 10-54 — 10-57,
the court and parties shall follow, to the extent applicable, the
North Dakota Rules of Civil Procedure.
[Ord. No. 521, § 20-6, 7-27-1976]
If a person fails to choose one of the methods of proceeding set forth in §§ 10-51 — 10-58 or § 10-60, he shall be deemed to have admitted to commission of the violation charged, and the municipal court shall report such fact to the licensing authority within 10 days after the date set for the hearing. Failure to appear at the time designated, after signing a promise to appear, without paying the fee or posting and forfeiting bond, shall be an offense. Failure to appear without just cause at the hearing shall also be deemed an admission of commission of the violation charged.
[Ord. No. 521, § 20-4, 7-27-1976]
(a)
Any person cited, in accordance with the provisions of sections 10-47 and 10-48 for a traffic violation under state law or municipal ordinance, other than an offense listed in § 10-50, shall be deemed to be charged with a noncriminal offense and may appear before the designated official and pay the fee for the violation charged at or prior to the time scheduled for a hearing, or, if he has posted bond in person or by mail, he may forfeit bond by not appearing at the designated time.
(b)
If the person appears at the time scheduled in the citation, he may make a statement in explanation of his action, and the official may at that time, in his discretion, waive, reduce or suspend the fee or bond, or both. If the person cited follows the foregoing procedures, he shall be deemed to have admitted the violation and to have waived his right to a hearing on the issue of commission of the violation. The bond required to secure appearance before the official designated in the citation shall be identical to the fee established by § 10-63. Within 10 days after forfeiture of bond or payment of the fee, the official having jurisdiction over the violation shall certify to the licensing authority:
(c)
This section shall not be construed as allowing a halting officer
to receive the fee or bond, unless he is otherwise authorized by law
to do so.
[Ord. No. 521, § 20-10, 7-27-1976; Ord. No. 832, 6-13-2000]
For the purposes of § 10-63, a "moving violation" shall mean a violation of § 10-150; involving speeds of 15 miles per hour or less in excess of the lawful speed limit; §§ 10-154, 10-10, 10-9, 10-31 — 10-35, 10-135, 10-164, 10-165 or 10-18; or a violation of the provisions of Chapter 10 except those sections within this chapter which are specifically listed in § 10-62.
[Ord. No. 521, § 20-9, 7-27-1976; Ord. No. 832, 6-13-2000]
[Ord. No. 521, § 20-8, 7-27-1976; Ord. No. 644, 5-28-1985; Ord. No.
875, 6-8-2004; Ord. No. 908, 6-10-2008; amended 11-26-2019 by Ord. No.
1109; 1-26-2021 by Ord. No. 1122]
(a)
The fees required for a noncriminal disposition shall be as follows:
(1)
For a nonmoving violation, other than those separately delineated below, as defined in § 10-62, a fee in the amount of $20.
(2)
For a moving violation, other than those separately delineated below, as defined in § 10-61, a fee in the amount of $30.
(3)
For a violation of § 10-154, the penalty shall be a fee as follows:
|
Speed
(mph over speed limit)
|
Fee
|
|---|---|
|
1—5
|
$5
|
|
6—10
|
$5 plus $1/each mph over 5 mph over limit
|
|
11—15
|
$10 plus $1/each mph over 10 mph over limit
|
|
16—20
|
$15 plus $2/each mph over 15 mph over limit
|
|
21—25
|
$25 plus $3/each mph over 20 mph over limit
|
|
26—35
|
$40 plus $3/each mph over 25 mph over limit
|
|
36—45
|
$70 plus $3/each mph over 35 mph over limit
|
|
46 plus
|
$100 plus $5/each mph over 45 mph over limit
|
(5)
For a violation of § 10-7 defining care required in driving, a fee of not less than $10 nor more than $30.
(7)
For a violation of a school zone speed limit under § 10-154(a)(2), a fee of $40 for one through 10 miles per hour over the posted speed; and $40, plus $1 for each additional mile per hour over 10 miles per hour over the limit unless a greater fee could be applicable.
(8)
For a violation of highway construction zone speed limit under § 10-154(b), a fee of $80 for one through 10 miles per hour over the posted speed; and $80 plus $2 for each mile per hour over 10 miles per hour over the limit, unless a greater fee would be applicable under this section. The fee in this subjection does not apply to a highway construction zone unless individuals engaged in construction are present at the time and place of the violation and the posted speed limit sign states "Minimum Fee $80."
[Ord. No. 718, 8-22-1989]
No person shall drive through or utilize any private property
driveway or parking lot to cut through or across in an attempt to
avoid designated traffic control lights or stop signs. Any person
who violates this ordinance shall be guilty of an infraction subject
to a maximum fine of $20.
