[Code 1957, § 15.9]
Any person who shall be found in an apparent state of intoxication
or drunkenness in any street or public place within the limits of
the City may be taken by a police officer to his home, to a local
hospital or, whenever such persons constitutes a danger to himself
or others, to a jail for purposes of detoxification.
[Code 1957, §§ 15.23, 15.30]
No person shall wilfully delay, obstruct, hinder or interfere
with any officer of the City or other public officer in the discharge
or attempt to discharge any duty of his office.
[Code 1957, § 15.30]
No person shall resist any peace officer or policeman of the
City, nor refuse to assist him in the discharge of his duties when
called upon, nor being held in lawful custody of any such officer
or confined in any jail in the City shall attempt to escape therefrom,
nor shall aid or assist any person so confined or held in custody
to escape.
[Code 1957, § 15.11]
It shall be unlawful for any person to knowingly make or submit
to the police department, or any officer or employee thereof, any
report or complaint of the violation of any law of this state or of
the United States, or any ordinance of the City, which report or complaint
shall in fact be false or untrue, and known to the person making or
submitting the same to be false and untrue.
[Code 1957, § 15.10]
No person shall give, or cause to be given, any false fire alarm
or police alarm with intent to deceive, or tamper with or set off
any fire alarm or police alarm or signal box with like intent.
[Code 1957, § 15.3]
No person shall commit any assault or battery upon the person
of another or cause any affray within the limits of the City.
[Code 1957, § 15.16]
It shall be unlawful for any person, personally or by agent
or otherwise, to maliciously or mischievously deface, remove, damage,
tear down or destroy any real or personal property of whatsoever kind
or nature, whether publicly or privately owned, in the City or its
police jurisdiction.
[Code 1957, § 15.12]
No person shall, in any manner whatever, intentionally interfere
with or injure any property of the fire department or the police department,
or hinder or delay any apparatus or equipment or vehicle belonging
to the fire department or the police department.
[Code 1957, § 15.26]
It shall be unlawful for any person to post or cause to be posted
any bills, or paint, write or print, or cause to be painted, written
or printed, any signs or devices on any sidewalk, street, bridge,
viaduct, pole, tree, post or on any wall, building or structure or
other property of another, unless, in the case of private property,
the prior consent of the owner thereof has been secured.
[Code 1957, § 15.31]
No person shall show or expose in public any writing, sign,
drawing, print, caricature, statue or any other object which may incite
scandal or has a tendency to disturb the public peace.
[Code 1957, § 15.32]
No person shall spit or expectorate nor throw fruit, fruit parings
or skins, nuts or nut shells upon the sidewalks or crossings of any
street, avenue, alley or driveway within the corporate limits of the
City, nor in or upon the floors, stairs or hallways within or sidewalks
leading to or from any public building, theatre, public hall or any
taxicab stand, bus depot, airport or railway depot or platform connected
therewith or leading thereto whether such public building, theatre,
hall or depot belongs to the City or not.
[Ord. No. 478, 9-12-1972; Ord. No. 1068, 8-22-2017]
(a)
It shall be unlawful for any person to violate any of the following
provisions:
(1)
No person shall throw or deposit upon any street or public property
any glass bottle, glass, nails, tacks, wire, cans, rubbish, or any
other litter. In addition, an individual may not deposit any substance
likely to injure any person, animal or vehicle, or throw or deposit
debris or rubbish of any kind upon the streets or public property;
(2)
Any person who drops, or permits to be dropped or thrown, or
deposited, upon any street or public property any destructive or injurious
material shall immediately remove the same or cause it to be removed;
and
(3)
Any person moving a wrecked or damaged vehicle shall remove
any glass or other injurious substance dropped or falling upon the
street or public property from such vehicle.
(4)
The penalty for violation of this section is $500.
[Code 1957, § 11.10]
No person shall throw or leave any vegetables or any liquid
waste or filth whatsoever, solid or liquid into any pool of water
in the City.
[Code 1957, § 15-35; Ord. No. 706, 11-24-1987]
(a)
No person shall trespass upon the premises or property of another.
(b)
Property which is generally opened to the public or is considered
a public or semi-public place or is property of a business or commercial
establishment may prohibit trespassing by posting the property in
a manner reasonably likely to come to the attention of intruders.
If such property is posted, no persons shall trespass upon the premises
or property in violation of the terms set forth in the posting.
(c)
Any person violating any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined
not more than $500, or shall be imprisoned for not more than 30 days,
or may be punished by both fine and imprisonment.
[Code 1957, § 15.24-1; Ord. No.
640, 2-12-1985]
(1)
Theft not exceeding $500 shall be a violation of this Code if:
a.
The theft was not committed by threat;
b.
The theft was not committed by deception by one who stood in a confidential
or fiduciary relationship to the victim of the theft;
c.
The defendant was not a public servant or an officer or employee
of a financial institution who committed the theft in the course of
his official duties.
(2)
Theft under this Code constitutes a single offense designed to include
the separate offenses known as larceny, stealing, purloining, embezzlement,
obtaining money or property by false pretenses, extortion, blackmail,
fraudulent conversion, receiving stolen property, possessing stolen
property, misappropriation of public funds, swindling, theft of property
or services, and the like.
[Code 1957, § 15.18-1]
It shall be unlawful for any person willfully to keep or withhold
any book, pamphlet, magazine, manuscript or other lending material
borrowed from the James Memorial Library, or from any other institution
maintaining a public library or providing public library service within
the City, after the expiration of 30 days following written notice
to return the same, given by registered or certified mail pursuant
to the lending rules of the institution.
[Code 1957, § 15.24; Ord. No. 610, §§ 1, 2, 12-14-1982]
The term "peeping person" means one who peeps through windows
or doors or other like places on the premises of another for the purpose
of spying upon or invading the privacy of the person spied upon, and
the doing of any other act of a similar nature which invades the privacy
of such persons.
It shall be unlawful for any person to be a "peeping person"
on the premises of another, or to go upon the premises of another
for the purpose of becoming a "peeping person."
[1]
Editor's Note: Former sections 12-18 through 12-21, previously
codified herein and containing portions of Code 1957, §§ 15.19
— 15.22, were repealed in their entirety by Ordinance No. 815.
[Code 1957, § 15.15; Ord. No. 815, 10-12-1999]
No person shall appear in any public place in a state of nudity or in an indecent dress or lewd dress or make an indecent exposure of his person or be guilty of any indecent act or behavior, except as allowed in a licensed premises under § 3-75.
[Code 1957, § 15.13]
Every person who persuades another to visit any building or
part of a building, or any vessel or float used or occupied for the
purpose of gambling, in consequence whereof such other person gambles
therein, is guilty of a violation of this Code and, in addition to
the punishment prescribed therefor, is liable to such other person
in an amount equal to any money or property lost by him at play in
such place, to be recovered in a civil action.
[Code 1957, § 15.13]
Any person who risks any money, credit, deposit or other thing
of value for gain, contingent, wholly or partially, upon lot, chance,
the operation of gambling apparatus or the happening or outcome of
an event, including an election or sporting event, over which the
person taking the risk has no control, is guilty of gambling.
[Code 1957, § 15.13]
Any device, machine, paraphernalia or equipment that is used
or usable in the playing phases of any gambling activity, whether
that activity consists of gambling between persons or gambling by
a person involving the playing of a machine, is a common nuisance.
[Code 1957, § 15.13]
(a)
Any location or structure, stationary or movable, wherein gambling
is permitted or promoted, or where a lottery is conducted or managed,
is a common nuisance.
[Code 1957, § 15.13]
A lottery is any plan for the distribution of a thing of value,
whether tangible or intangible, or a person or persons selected by
chance from among participants, some or all of whom have given a consideration
for the chance of being selected. Every lottery is a common nuisance
and is unlawful.
[Code 1957, § 15.13]
No person shall open, set up or keep, by himself or by any other
person, any office or other place for registering the numbers of any
ticket in any lottery, or for making, receiving or registering any
bets or wagers upon the drawing, determination or result of any lottery.
[Code 1957, § 15.13]
Every person who contrives, prepares, sets up, proposes or draws any lottery shall be punished as provided in § 1-11 of this Code.
[Code 1957, § 15.13]
(a)
Each person who, by writing or printing, by circulars or letters
or in any other way, advertises or publishes any:
(1)
Account of any lottery, stating when or where the same is to
be or has been drawn, or what are the prices, or any of them therein,
or the price of a ticket, or of any share or interest, or where it
may be obtained, or in any way aiding or assisting the same, or which
is adapted to inducing persons to adventure therein;
(2)
Account of the opening, setting up or keeping of any office
or other place for either of the purposes prohibited by the preceding
paragraph; or
(3)
Offer, notice or proposal for insuring or receiving consideration
for insuring the drawing of tickets, shares or interest in any lottery;
is guilty of a violation of this Code. The provisions of paragraphs
(1) and (2) are applicable wherever the advertisement was published,
or the letter or circular sent or delivered through or in this City,
notwithstanding that the person causing or procuring the same to be
published, sent or delivered was out of this City at the time of so
doing.
[Code 1957, § 15.13]
Every person who sells, gives or in any manner whatever furnishes
or transfers to or for any other person, any ticket, chance, share
or interest or any paper, certificate or instrument, purporting or
represented or understood to be or to represent any ticket, chance,
share or interest in or depending upon the event of any lottery, or
who endorses a book or any other document for the purpose of enabling
others to sell or vend lottery policies, is guilty of a violation
of this Code.
[Code 1957, § 15.13]
No person shall buy or in any manner whatever accept or receive
for himself or another, any ticket, chance, share or interest, or
any paper, certificate or instrument, purporting, represented or understood
to be or to represent, any ticket, chance, share or interest in or
depending upon the event of any lottery.
[Code 1957, § 15.13]
(a)
Any person who commits any of the following acts is guilty of a violation
of this Code:
(1)
Insures or receives any consideration for insuring for or against
the drawing of any ticket, share or interest in any lottery, or for
or against the drawing of any number, ticket or number of any ticket
in any lottery;
(2)
Receives any valuable consideration upon any agreement to pay
any sum, or to deliver any property or thing in action in the event
that any ticket, share or interest in any lottery, or any number,
ticket or number of any ticket in any lottery, shall prove fortunate
or unfortunate or shall be drawn or not drawn on any particular day
or in any particular order;
(3)
Promises, agrees or offers to pay any sum of money, to deliver
any property or thing in action or to do or forbear to do anything
for the benefit of any other person, with or without consideration,
upon any event whatever connected with any lottery.
[Code 1957, § 15.13]
Every person who, in any way, offers for sale, distribution
or disposition any real or personal property, thing in action or any
interest therein, to be determined by lot or chance, which shall be
dependent upon the drawing of any lottery within or without this City,
and every person, who sells, furnishes or procures, or causes to be
sold, furnished or procured in any manner whatsoever, any chance,
share or interest whatever in any property offered for sale, distribution
or disposition in violation of this section, or any ticket or other
evidence of any chance, share or interest in such property, is guilty
of a violation of this Code.
[Code 1957, § 15.13]
Any property offered for sale, distribution or disposition in violation of the provisions of § 12-34 shall be forfeited to the City before as well as after the determination of the chance on which the same is dependent. The City Attorney shall demand, sue for and recover, in behalf of this City all property so forfeited, cause the same to be sold when recovered and pay the proceeds of the sale and any moneys that may be collected in any such suit into the City treasury.
[Code 1957, § 15.13]
The provisions of this chapter shall apply in respect to lotteries
drawn or to be drawn without this City, whether authorized or not
by the laws of the state where they are drawn or to be drawn, in the
manner in which they apply to lotteries drawn or to be drawn within
this City.
[Code 1957, § 15.28]
As used in this chapter:
Includes the making of any appointment or engagement for
prostitution or lewdness or any act in furtherance of such appointment
or engagement.
Includes any indecent or obscene act.
A person who engages in sexual activity for hire.
Includes:
[Code 1957, § 15.28]
(a)
It shall be unlawful for any person:
(1)
To keep, set up, maintain or operate any place, structure, building
or conveyance for the purpose of prostitution, lewdness or assignation,
or to aid, abet or assist the owner or keeper of such place;
(2)
To occupy any place, structure, building or conveyance for the
purpose of prostitution, lewdness or assignation, or for any person
to permit any place, structure, building or conveyance owned by him
or under his control to be used for the purpose of prostitution, lewdness
or assignation, with knowledge or reasonable cause to know that the
same is, or is to be, used for such purpose;
(3)
To receive, or to offer or agree to receive, any person into
any place, structure, building or conveyance for the purpose of prostitution,
lewdness or assignation, or to permit any person to remain there for
such purpose;
(4)
To direct, take or transport, or to offer or agree to take or
transport, any person to any place, structure or building or to any
other person with knowledge or reason to know that the purpose of
such directing, taking or transporting is prostitution, lewdness or
assignation;
(5)
To procure or to solicit, or to offer to procure or solicit,
for the purpose of prostitution, lewdness or assignation;
(6)
To reside in, enter or remain in any place, structure or building,
or to enter or remain in any conveyance, for the purpose of prostitution,
lewdness or assignation; or
(7)
To engage in prostitution, lewdness or assignation or to aid
or abet prostitution, lewdness or assignation by any means whatsoever.
(b)
Any place kept in violation of paragraph (1) is a common nuisance.
[Code 1957, § 15.28]
Any person who knowingly shall accept or receive in whole or
in part support or maintenance or revenue from the proceeds or earnings
of any person engaged in prostitution is guilty of a violation of
this Code.
[Code 1957, § 15.28]
Every person who inveigles or entices any other person into
any house of ill fame or assignation or elsewhere, for the purpose
of prostitution, and every person who aids or assists in such abduction
for such purpose, shall be guilty of a violation of this Code.
[Code 1957, § 15.33]
The playing of baseball shall be permitted within the City after
1:00 p.m. on the Sabbath Day; provided, that such game of baseball
is played more than 500 feet from a church edifice, and that such
game is conducted in a quiet and orderly manner so as not to interfere
with the peace, repose and comfort of the community.
[Code 1957, § 15.28]
Any disorderly house or place of public resort by which the peace, comfort or decency of the immediate neighborhood habitually is disturbed is a common nuisance. Any person who keeps such place is guilty of maintaining a common nuisance and shall be punished as provided in § 1-11 of this Code.
[Code 1957, § 15.6]
No person shall make or assist in any riot, improper noises
or disturbances or shall be guilty of any disorderly, indecent, immoral
or insulting conduct, language or behavior, and no persons shall collect
in bodies or crowds in the City for unlawful purposes, to the annoyance
or disturbance of the citizens or travelers, or commit any act constituting
a breach of the peace.
[Code 1957, § 15.7]
No person shall commit or suffer to be committed in any building
occupied by him within the City limits any roistering, reveling, drunkenness,
fighting or improper noises or disorderly conduct calculated to disturb
the neighborhood, or annoy or disturb the passers-by or others.
[Code 1957, § 15.27]
No person shall use any profane or indecent language nor shall
curse or swear in any street or public place.
[Code 1957, § 15.8]
No person shall disturb a congregation or assembly of any sect
or church met for religious worship in the City or its police jurisdiction,
by making a noise or by rude or indecent behavior or profane discourse
within the place of worship or on the street or elsewhere so near
as to disturb the order or solemnity of the meeting.
[Code 1957, § 15.1]
If any two or more persons in any public place in the City shall
voluntarily or by agreement engage in any fight or use any blows or
violence towards each other, in angry or quarrelsome manner, or do
each other any willful mischief, every person so offending shall be
deemed guilty of an affray.
[Code 1957, § 15.34]
No person within the City shall wantonly or mischievously throw
or project any stone, brick, metal or other hard substance in, upon,
over or across any street, thoroughfare or other public place, or
in, upon, over or across any private property without lawful permission.
[Code 1957, § 15.5; Ord. No. 786, 1-23-1996]
(a)
It shall be unlawful for any minor to loiter, idle, wander, stroll,
play or drive or ride in cars idly or aimlessly in or upon the public
streets, avenues, highways, roads, alleys, parks, playgrounds and
other public grounds, public places and public buildings, places of
amusement or entertainment, and vacant lots or other under-supervised
places in the City between the hours of 10:30 p.m. and 5:00 a.m. of
the following day during the days of Sunday p.m. through Friday a.m.,
and from 12:00 a.m. to 5:00 a.m. on Saturday and Sunday. This section
shall not apply to a minor while attending or while en route to or
from an activity supervised by a school, church, civic or fraternal
organization or governmental agency, nor shall such provisions apply
to a minor accompanied by his or her parents, guardian or other adult
person having the care and custody of such minor. If it is claimed
that such minor is upon an emergency errand, such minor must carry
a written permit signed by the chief of police, parent or legal guardian
of the child, stating the nature of the errand, time of departure
and the place where the errand is to be performed.
(b)
It shall be unlawful for any parent, guardian or other adult person
having the lawful care, custody or control of any minor person to
allow or permit such minor person to violate the provisions of this
section, or to aid or abet such violation, and it shall be unlawful
for any other person to aid or abet such violation.
(c)
It shall be unlawful for any person operating or in charge of any
place of amusement, entertainment or refreshment or other place of
business, to permit any minor to loiter, loaf or idle in such place
during the hours prohibited by this section.
(d)
Whenever the owner or person in charge of any place of amusement,
entertainment or refreshment or other place of business shall find
a minor, during the hours prohibited, loitering, loafing or idling
in such place of business, he shall immediately order the minor to
leave, and if the minor refuses to leave the premises the owner or
person in charge shall immediately notify the police department and
inform the department of such refusal.
(e)
This section shall not be construed so as to permit the presence
of any minor in any place where his presence is now prohibited by
law or ordinance.
(f)
Any police officer is hereby authorized to arrest without a warrant
any person or persons observed by him to be violating the provisions
of this section.
[Ord. No. 465, 6-15-1971]
Any person who by any act willfully encourages, causes or contributes
to the delinquency or deprivation of any minor is guilty of a misdemeanor.
[Ord. No. 525, § 15.50, 11-9-1976; amended 8-13-2019 by Ord. No. 1105]
(a)
Short title. This section shall be known and may be cited as the
"Marijuana Ordinance of the City of Williston."
(b)
MARIJUANA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the plant Cannabis whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation
of the plant, its seeds or resin. It does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of the plant
which is in capable of germination. The term "marijuana" does not
include hemp, as defined by Title 4.1 of the North Dakota Century
Code.
(c)
Prohibited acts.
1.
It shall be unlawful to possess marijuana within the corporate limits
of the City, unless the marijuana was obtained in accordance with
Chapter 19-24.1 of the North Dakota Century Code.
2.
It shall be unlawful to use or possess with the intent to use drug
paraphernalia to ingest, inhale, or otherwise introduce marijuana
into the human body, or possess with the intent to use drug paraphernalia
to store or contain marijuana, within the corporate limits of the
City.
3.
It shall be unlawful to intentionally ingest, inhale, inject, or
otherwise take into the body a controlled substance unless the substance
is medical marijuana obtained in accordance with N.D.C.C. § 19-24.1.
(d)
Penalties.
1.
A person violating Subsection (c)1 by possessing marijuana in an
amount of less than 1/2 ounce (14.175 grams) is guilty of an infraction.
2.
A person violating Subsection (c)2 by possessing at least 1/2 ounce
(14.175 grams) but not more than 500 grams of marijuana is guilty
of a Class B misdemeanor.
3.
A person violating Subsection (c)2 by using or possessing with the
intent to use drug paraphernalia to ingest, inhale or otherwise introduce
marijuana into the human body, or possess with the intent to use drug
paraphernalia to store or contain marijuana, is guilty of an infraction.
4.
A person who is under 21 years of age and violates Subsection c(3),
intentionally ingests, inhales, injects, or otherwise takes into the
body a controlled substance that is marijuana, unless the substance
was medical marijuana obtained in accordance with N.D.C.C. § 19-24.1,
is guilty of a Class B misdemeanor.
[Code 1957, § 15.17]
It is hereby prohibited and made unlawful for any person within
the City or the police jurisdiction thereof, between the hours of
10:00 p.m. and 7:00 a.m., to play any radio, phonograph or other musical
instrument in a manner so loud as to be calculated to disturb the
sleep of ordinary persons in nearby residences or so loud as to unreasonably
disturb or interfere with the peace and comfort of the occupants of
a nearby residence.
[Code 1957, § 15.18]
It is expressly prohibited and made unlawful for any person
to operate or allow the operating of a phonograph or similar instrument
with a loudspeaker at or near the entrance of the place of business
of such person within the City or its police jurisdiction.
[Code 1957, § 15.14]
It shall be unlawful for any person to write or cause to be
written, in any hotel or lodging house register, any other or different
name than the true name of such person or the name by which he is
generally known or to give any false name to the proprietor of any
such hotel or lodging house.
[Code 1957, § 8.3]
The drilling for and production of oil and natural gas within
the corporate limits of the City are declared unlawful and prohibited.
[Code 1957, § 11.8]
(a)
Things interfering with peace or comfort. Sound, animals or things
which interfere with the peace or comfort or disturb the quiet of
any person in the City constitute a public nuisance.
(b)
Offensive, nauseous or dangerous things. Anything which is made,
permitted, used, kept, maintained or operated, or any building or
any animal that is kept in the City or outside of the City, but within
one-half mile of its limits, in a manner which is offensive, nauseous,
dangerous to life, limb or property or detrimental to the health of
the persons residing in that area shall be a public nuisance. Provided
that this subsection shall apply to unwholesome businesses within
one mile of the City limits.
(c)
Tanneries, soap factories, etc. Whoever shall, within the limits
of the City, establish or maintain any tallow chandlery, tannery,
bone or soap factory, or shall steam, boil or render any tainted lard,
tallow, offal or other unwholesome animal substance shall be deemed
guilty of a nuisance; or whoever shall without the City limits, and
within one mile thereof, establish or maintain any such chandlery,
factory, tannery or rendery, without having first obtained the consent
of the Board of City Commissioners; or whoever, having obtained permission
and consent shall so conduct or carry on any such business as to taint
the air and render it offensive or unwholesome, or so as to affect
the health or comfort of persons residing in the neighborhood thereof,
shall be deemed guilty of a nuisance.
(d)
Discharge of offensive matter. Whoever shall, within the City, place
or throw, or permit to be discharged, or to flow from or out of any
house or premises, any filthy, foul or offensive matter or liquid
of any kind, into any street, alley or any public place, or upon any
adjacent lot or ground, or shall allow or permit the same to be done
by any person connected with the premises, under his control, shall
be deemed guilty of a nuisance.
(e)
The various nuisances described and enumerated in this section shall
not be deemed to be exclusive, but shall be in addition to all other
nuisances described and prohibited by this Code.
[Code 1957, § 11.9]
(a)
When it is necessary for the protection of the public health to abate
or remove any nuisance, source of filth or cause of sickness found
on any private property, the Board of Health shall cause a notice
to be served on the owner or occupant thereof, requiring him to remove
the same at his own expense within a reasonable time, not to exceed
24 hours. If the owner or occupant refuses or neglects to comply with
such notice, or if the nuisance, source of filth or cause of sickness
exists on the property of nonresident owners or upon property, the
owners of which cannot be found, the Board of Health shall cause the
nuisance, source of filth or cause of sickness to be removed or destroyed
under its direction, at the expense of the City, but such expense
shall be charged against the lots, pieces or parcels of land upon
which the work was done.
(b)
The cost of the removal or destruction of a nuisance, source of filth
or cause of sickness by the Board of Health shall be assessed against
the property by the City engineer, who shall return the assessment
and file it in the office of the City Auditor. The City Auditor shall
cause the amount of the assessment, together with a notice of the
time when and the place where the Board of City Commissioners will
meet to consider thereof, to be published in one issue of the official
newspaper of the City at least 10 days prior to the meeting of the
board at which the approval of the assessment will be considered.
The City Auditor shall deliver the assessment roll to the county auditor,
who shall extend the assessment in the proper column against the property
assessed. Each assessment shall be collected and paid as other taxes
are collected and paid.
[Code 1957, § 15.13]
Every person who lets or permits to be used any building or
portion of any building, knowing that it is intended to be used for
any of the purposes declared punishable by this chapter, is guilty
of a violation of this Code.
[Ord. No. 472, 3-7-1972]
No person shall loiter in or about or be or remain in or on
any public building or grounds at any time when the same shall not
be open to the public or to the specific class of the public to which
he or she may belong, except only such persons as shall have a legitimate
reason for being there in connection with the purpose or purposes
for which such building or grounds are maintained, and then only for
such time as may be reasonable to accomplish such purpose.
[Ord. No. 472, 3-7-1972]
Any official, police officer, superintendent of schools, principal,
dean of a college, professor, associate professor, instructor, park
superintendent or other person having authority in connection with
any public building or grounds may, after identifying himself or herself
as such, inquire of any person found loitering or being in or on any
such building or grounds as to his purpose in being there, and if
such person refuses to answer or fails to disclose a legitimate reason
for being there in connection with the purpose or purposes for which
the building or grounds are maintained, may order him to leave, and
failure to obey such order shall constitute a violation of this chapter.
[Code 1957, § 15.4]
No person shall within the limits of the City erect, construct
or maintain any fence or enclosure of any premises, piece or parcel
of ground with what is known as barbed wire.
[Code 1957, § 15.29]
It shall be unlawful for any person to leave or permit to remain
outside of any dwelling, building or other structure or within any
unoccupied or abandoned building, dwelling or other structure under
his control, in a place accessible to children, any abandoned, unattended
or discarded icebox, refrigerator or other container which has an
airtight door or lid, snap lock or other locking device which may
not be released from the inside, without first removing such door
or lid, snap lock or other locking device from the icebox, refrigerator
or other container.
[Code 1957, § 11.11]
The provisions of N.D.C.C. § 23-07-01 et seq., relating
to contagious and reportable diseases, are hereby adopted and made
a part of this Code.
[Code 1957, § 15.39]
It shall be unlawful within the limits of the City for anyone
to fire off or discharge any air gun or BB gun.
[Code 1957, § 15.38]
It shall be unlawful within the limits of the City for any person,
except law enforcement officers in the performance of their duty,
to fire off or discharge any gun or firearms, except at such times
and places as the chief of police or the Board of City Commissioners
may expressly permit or direct.
[Code 1957, § 15.37]
No person, except as authorized by law, shall carry concealed
about his person firearms of any description, or any sharp or dangerous
weapon, such as is usually employed in attack or in defense of the
person.
[Ord. No. 587, §§ 1
— 3, 12-22-1981; Ord. No. 778, 6-27-1995]
(a)
It shall be unlawful for any person to ascend or land with any aircraft,
including gliders, balloons, helicopters and parachutes within the
City limits. This proscription shall not apply to emergency landings
nor to military or National Guard personnel. This proscription shall
not apply to any medical helicopter operating in a medical emergency.
This proscription shall not apply to any landing at an established
airport, or heliport.
(b)
Special permission. Special permission for a regular landing area
for helicopters or balloons may be granted, provided, however, that
the party seeking such special permission shall apply to the City
of Williston in writing for such approval and shall present such application
to the Williston Planning and Zoning Commission which shall act upon
the same following a public hearing, and shall recommend approval
or recommend denial of the request to the Board of City Commissioners,
which will also hold a public hearing prior to acting upon the request.
Special permission for a one-time event may be granted in the discretion
of the Board of City Commissioners, without a hearing and without
application to the planning and zoning commission, for an ascent or
landing of aircraft, gliders, balloons, helicopters, and parachutes
within City limits. Such permission shall be conditioned upon notice
to fire department, airport manager, and police department and agreement
of applicant to indemnify the City for any and all claims and that
applicant will provide insurance for the event in a sum to be determined
by the City commission.
(c)
Penalty. Any person, firm or corporation violating any provision
of this ordinance shall be subject to a fine of up to $500, a jail
sentence of up to 30 days, or both such fine and such jail sentence.
A separate offense shall be deemed committed for each violation of
this ordinance.
[Ord. No. 622, §§ 1
— 4, 6-28-1983]
(a)
CONTROLLED SUBSTANCE
IMITATION CONTROLLED SUBSTANCE
Definitions.
Any substance as so defined by the laws of the state as presently
enacted or later amended.
A substance that is not a controlled substance, but which
by appearance, including color, shape, size, markings, or packaging,
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance.
(b)
Determination of imitation controlled substance. When the appearance
of the dosage unit is not reasonably sufficient to establish that
the substance is an "imitation controlled substance" as in the case
of a powder or a liquid substance, the court or authority concerned
should consider, in addition to all other logically relevant factors,
all of the following factors as related to "representations made"
in determining whether the substance is an "imitation controlled substance":
(1)
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect.
(2)
Statements made to the recipient that the substance may be resold
for inordinate profit.
(3)
Whether the substance is packaged in a manner normally used
for illicit controlled substances.
(4)
Evasive tactics or actions utilized by the owner or person in
control of the substance to avoid detection by law enforcement authorities.
(5)
Prior convictions, if any, of an owner, or anyone in control
of the object, under state or federal law related to controlled substances,
imitation controlled substances, or fraud.
(6)
The proximity of the substances to controlled substances.
(c)
Unlawful to use or possess. It shall be unlawful for a person to
use, or to possess with intent to use, an imitation controlled substance.
[Ord. No. 666, 4-10-1986]
(a)
It shall be unlawful and shall be an offense for any person with
intent to frighten or harass another, to commit any of the following
acts:
(b)
Any offense defined herein and committed by use of a telephone may
be deemed to have been committed at either the place at which the
telephone call or calls were made, or at the place where the telephone
call or calls were received.
(c)
A person violating any provision of this section is guilty of an
offense and such person shall be punished by imprisonment in the county
jail for not more than 30 days and not more than $500.
[Ord. No. 805, §§ 1,
2, 9-23-1997]
(a)
Any person, other than the driver of a motor vehicle or snowmobile,
who willfully fails or refuses to stop or who otherwise flees or attempts
to elude, in any manner, a pursuing peace officer, when given a visual
or audible signal to stop, is guilty of a Class B misdemeanor for
a first or second offense and a Class A misdemeanor for a subsequent
offense. A signal to stop complies with this section if the signal
is perceptible to the person and:
(1)
If given from a vehicle, the signal is given by hand, voice,
emergency light, or siren, and the stopping vehicle is appropriately
marked showing it to be an official law enforcement vehicle; or
(2)
If not given from a vehicle, the signal is given by hand, voice,
emergency light, or siren, and the officer is in uniform and prominently
displays the officer's badge of office.
(b)
Any person who violates this section must be assessed a fine of at
least $500.
[Ord. No. 736, §§ 1
— 4, 2-26-1991]
(1)
If a person charged with or arrested for a crime involving domestic
violence is released from custody before arraignment or trial, the
court authorizing the release of the person shall consider and may
issue, if there is no outstanding restraining or protection order
prohibiting the person from having contact with the victim, an order
prohibiting the person from having contact with the victim. The order
must contain the court's directives and must inform the person
that any violation of the order constitutes a criminal offense. The
court shall provide a copy of the order to the victim. The court shall
determine at the time of the person's arraignment whether an
order issued pursuant to this section will be extended. If the court
issues an order pursuant to this section prior to the time the person
is charged, the order expires at the person's arraignment or
within 72 hours of issuance if charges against the person are not
filed.
(2)
If the court has probable cause to believe that the person charged
or arrested is likely to use, display, or threaten to use a firearm
or dangerous weapon as defined in Section 12.1-01-04 of the North
Dakota Century Code in any further acts of violence, the court may
require that the person surrender for safekeeping any firearm or dangerous
weapon in the person's immediate possession or control, or subject
to the person's immediate possession or control, to the sheriff
of the county or chief of police of the City in which the person resides.
(3)
Whenever an order prohibiting contact is issued, modified, extended,
or terminated under this section, the clerk of court shall forward
a copy of the order on or before the next business day to the appropriate
law enforcement agency specified in the order. Upon receipt of the
copy of the order, the law enforcement agency shall enter the order
for one year or until the date of expiration specified by the order
into any information system available in the state that is used by
law enforcement agencies to list outstanding warrants. The order is
enforceable in any jurisdiction in this state.
(4)
A person who willfully violates a court order issued under this section
is guilty of a Class B misdemeanor.
[Ord. No. 737, §§ 1,
2, 2-26-1991]
(1)
A law enforcement officer may arrest a person without a warrant if:
(a)
The person has committed the offense of violating a protection
order under Section 14-07.1-06 of the North Dakota Century Code, whether
or not the violation was committed in the presence of the officer;
or
(b)
The officer has probable cause to believe the person, within
four hours of the ascertainment of probable cause, has assaulted that
person's family or household member as defined in Section 14-07.1-01
of the North Dakota Century Code, although the assault did not take
place in the presence of the officer. A law enforcement officer may
not arrest a person pursuant to this subdivision without first observing
that there has been recent physical injury to, or impairment of physical
condition of, the alleged victim.
(2)
A law enforcement officer may not be held criminally or civilly liable
for making an arrest pursuant to this ordinance if the officer acts
in good faith on probable cause and without malice.
[Ord. No. 738, 2-26-1991]
A law enforcement officer shall make a written report of the
investigation of any allegation of domestic violence regardless of
whether an arrest was made. The officer shall submit the report to
the officer's supervisor or to any other person to whom the officer
is required to submit similar reports.
[Ord. No. 843, 2-27-2001]
(1)
No person under the age of 17 may shoot a bow and arrow within the
City limits, unless the shooting is done under direct adult supervision
or within an enclosed building of such construction or design as to
keep an arrow from traveling outside the building. This restriction
does not apply to bows of less than 20 pounds of pull measured at
peak weight shooting blunted non-metallic tips.
(2)
No person may shoot a bow and arrow within the City limits, unless
the shooting is done with a backstop sufficient to prevent an arrow
from traveling beyond the back stop or from traveling onto another
person's property or onto or across a public sidewalk or right-of-way.
(3)
No person may shoot a bow and arrow within the City limits in any
manner which endangers the safety of another person or another's
property.
[Ord. No. 913, 2-10-2009]
(1)
Commercial, industrial, and residential.
(a)
All properties not in the business of selling used tires shall:
(b)
Commercial and industrial in business of selling new and used
tires shall:
1.
Store tires outdoors;
2.
If stored outdoors, tires shall be screened from view of all
highways and major streets;
3.
Also, if stored outdoors, tires shall be protected from obtaining
standing water inside of tires to harbor mosquitoes;
4.
Maximum used tire storage shall be 300 tires on hand at one
time;
5.
Maximum non-sellable tire storage shall be no longer than 30
days and stacked neatly.
[Ord. No. 978, 10-22-2013]
A person who intentionally ingests, inhales, or otherwise takes
into the body marijuana is guilty of a Class B misdemeanor. The venue
for a violation of this section exists in either the jurisdiction
in which the controlled substance was ingested, inhaled, or otherwise
taken into the body or the jurisdiction in which the controlled substance
was detected in the body of the accused.
[Ord. No. 975, 9-10-2013]
The Legislature of the State of North Dakota has in North Dakota
Century Code, Chapters 40-47, 11-33 and 58-03, delegated responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
[Ord. No. 975, 9-10-2013]
(1)
BAR - Means a retail alcoholic beverage establishment licensed under
N.D.C.C. Chapter 5-02 that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages.
The term includes a bar located within a hotel, bowling center, restaurant,
or other establishment that is not licensed primarily or exclusively
to sell alcoholic beverages.
(2)
BUSINESS - Means a sole proprietorship, partnership, association,
joint venture, corporation, or other business entity, either for profit
or not for profit, including retail establishments where goods or
services are sold and professional corporations and other entities
where professional services are delivered.
(3)
E-CIGARETTE - Means any electronic oral device, such as one composed
of a heating element, battery or electronic circuit, or both, which
provides a vapor of nicotine or any other substances, and the use
or inhalation of which simulates smoking. The term shall include any
such device, whether manufactured, distributed, marketed, or sold
as an e-cigarette, e-cigar, and e-pipe or under any other product,
name or descriptor.
(4)
EMPLOYEE - Means an individual who is employed by an employer in
consideration for direct or indirect monetary wages or profit, or
an individual who volunteers services for an employer.
(5)
EMPLOYER - Means an individual, business, or private club, including
a municipal corporation or trust, or the state and its agencies and
political subdivisions that employs the services of one or more individuals.
(6)
ENCLOSED AREA - Means all space between a floor and ceiling that
has 33% or more of the surface area of its perimeter bounded by opened
or closed walls, windows, or doorways. A wall includes any physical
barrier regardless of whether it is opened or closed, temporary or
permanent, or contains openings of any kind and includes retractable
dividers and garage doors.
(7)
HEALTH CARE FACILITY - Means any office or institution providing
health care services or treatment of diseases, whether physical, mental
or emotional, or other medical, physiological or psychological conditions.
Some examples of health care facilities include hospitals; clinics;
ambulatory surgery centers; outpatient care facilities; weight control
clinics; nursing homes; homes for the aging or chronically ill; nursing,
basic, long-term, or assisted living facilities; laboratories; and
offices of any medical professional licensed under N.D.C.C. Title
43, including all specialties and subspecialties in those fields.
This definition shall include all waiting rooms, hallways, private
rooms, semiprivate rooms, wards within health care facilities, and
any mobile or temporary health care facilities.
(8)
HEALTH CARE SERVICES - Means services provided by any health care
facility. Some examples of health care services are medical, surgical,
dental, vision, chiropractic, psychological, and pharmaceutical services.
(9)
PLACE OF EMPLOYMENT - Means an area under the control of a public
or private employer, including work areas, auditoriums, classrooms,
conference rooms, elevators, employee cafeterias, employee lounges,
hallways, meeting rooms, private offices, restrooms, temporary offices,
vehicles, and stairs. A private residence is not a place of employment
unless it is used as a licensed child care, adult day care, or health
care facility.
(10)
PUBLIC PLACE - Means an area which the public enters. Some examples
of pub places are publicly owned buildings, vehicles, or offices;
bars; bingo facilities; gambling and gaming facilities as defined
in N.D.C.C. § 12.1-28-01; child care and adult day care
facilities subject to licensure by the Department of Human Services,
including those operated in private homes; convention facilities;
educational facilities, both public and private; facilities primarily
used for exhibiting a motion picture, stage, drama, lecture, musical
recital, or other similar performance; financial institutions; health
care facilities; hotels and motels, including all rooms that are rented
to guests; laundromats; any common areas in apartment buildings, condominiums,
mobile home parks, retirement facilities, nursing homes, and other
multiple-unit residential facilities; private and semi-private nursing
home rooms; museums, libraries, galleries, and aquariums; polling
places; professional offices; public transportation facilities, including
buses, trains, airplanes, and similar aircraft, taxicabs and similar
vehicles such as town cars and limousines when used for public transportation,
and ticket, boarding, and waiting areas of public transit facilities,
including bus and train stations and airports; reception areas; restaurants;
retail food production and marketing establishments; retail service
establishments; retail stores, including tobacco and hookah establishments;
rooms, chambers, places of meeting or public assembly including school
buildings; shopping malls; sports arenas; theaters; and waiting rooms.
(11)
PUBLIC OWNED BUILDINGS, VEHICLE, OR OFFICE - Means a place or
vehicle owned, leased, or rented by any estate or political subdivision,
or by any agency supported by appropriate of, or by contracts or grants
from, funds derived from the collection of taxes.
(12)
RESTAURANT - Includes every building or other structure, or
any part thereof, and all buildings in connection therewith that are
kept, used, maintained, advertised, or held out to the public as a
place where food is served. Some examples of restaurants include coffee
shops, cafeterias, sandwich stands, private and public school cafeterias,
kitchens, and catering facilities in which food is prepared on the
premises for serving elsewhere, and a bar area within a restaurant.
(13)
SHOPPING MALL - Means an enclosed public walkway or hall area
that serves to connect retail or professional businesses.
(14)
SMOKING - Means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, or pipe, or any other lighted
or heated tobacco or plant product intended for inhalation, in any
manner or in any form. Smoking also includes the use of an e-cigarette
which created a vapor, in any manner or any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking in this section.
(15)
SPORTS ARENA - Means an indoor or outdoor place where members
of the public assemble to engage in physical exercise, participate
in athletic competition, or witness sports or other events. Some examples
of sports arenas include sports pavilions, stadiums, gymnasiums, health
spas, boxing arenas, swimming pools, roller and ice rinks, and bowling
centers.
[Ord. No. 975, 9-10-2013]
(2)
Smoking is prohibited within 20 feet (6.10 meters) of entrances,
exits, operable windows, air intakes, and ventilation systems of enclosed
areas in which smoking is prohibited. Owners, operators, managers,
employers, or other persons who own or control a public place or place
of employment may seek to rebut the presumption that 20 feet (6.10
meters) is a reasonable minimum distance by making application to
the director of the local health department or district in which the
public place or place of employment is located. The presumption will
be rebutted if the applicant can show by clear and convincing evidence
that, given the unique circumstances presented by the location of
entrances, exits, windows that open, ventilation intakes, or other
factors, smoke will not infiltrate or reach the entrances, exits,
open windows, or ventilation intakes or enter into such public place
or place of employment and, therefore, the public health and safety
will be adequately protected by a lesser distance.
(3)
The following areas are exempt from paragraphs (1) and (2):
(a)
Private residences, except those residences used as a child
care, adult day care, or health care facility subject to licensure
by the Department of Human Services.
(b)
Outdoor areas of places of employment, except those listed in
paragraph (2).
(c)
Any area that is not commonly accessible to the public and which
is part of an owner-operated business having no employee other than
the owner-operator.
(4)
Smoking as part of a traditional American Indian spiritual or cultural
ceremony is not prohibited.
(5)
No person or employer shall discharge, refuse to hire, or in any
manner retaliate against an employee, applicant for employment, or
other person because that person asserts or exercises any rights afforded
by this section or reports or attempts to prosecute a violation of
this section. An employee who works in a setting where an employer
allows smoking does not waive or surrender any legal rights the employee
may have against the employer or any other party. Violations of this
subsection shall be a Class B misdemeanor.
(6)
This section may not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable laws.
(7)
Notwithstanding any other provision of this section, an owner, operator,
manager, or other person in control of an establishment, facility,
or outdoor area may declare that an entire establishment, facility,
or outdoor area as a non-smoking place.
[Ord. No. 975, 9-10-2013]
The provisions of this section shall be enforced by the City
Attorney who may ask the North Dakota Attorney General to adopt administrative
rules to ensure compliance with this section.
[Ord. No. 975, 9-10-2013]
(a)
The owner, operator, manager, or other person in control of a public
place or place of employment where smoking is prohibited by this section
shall:
(1)
Clearly and conspicuously post no smoking signs or the international
no smoking symbol in that place.
(2)
Clearly and conspicuously post at entry entrance to that place
a sign stating that smoking is prohibited.
(3)
Clearly and conspicuously post on every vehicle that constitutes
a place of employment under this section at least one sign, visible
from the vehicle's exterior, stating that smoking is prohibited.
(4)
Remove all ashtrays from any area where smoking is prohibited,
except for ashtrays displayed for sale and not for use on the premises.
(5)
By December 6, 2012, communicate to all existing employees and
to all prospective employees upon their application for employment
that smoking is prohibited in that place.
(6)
For places under his or her control, direct a person who is
smoking in violation of this section to extinguish the product being
smoked. If the person does not stop smoking, the owner, operator,
manager, or employee shall refuse service and shall immediately ask
the person to leave the premises. If the person in violation refuses
to leave the premises, the owner, operator, manager, or employee shall
immediately report the violation to an enforcement agency identified
in this section. The refusal of the person to stop smoking or leave
the premises in response to requests made under this section by an
owner, operator, manager, or employee shall not constitute a violation
of the section by the owner, operator, manager or employee.
[Ord. No. 975, 9-10-2013]
(1)
An individual who smokes in an area in which smoking is prohibited
under N.D.C.C. § 23-12-10 is guilty of an infraction punishable
by a fine not exceeding $50.
(2)
Except as otherwise provided in Subsection 5 of N.D.C.C. § 23-12-10,
an owner or other person with general supervisory responsibility over
a public place or place of employment who fails to comply with N.D.C.C.
§ 23-12-10 is guilty of an infraction, subject to a fine
not to exceed $100 for the first violation, to a fine not to exceed
$200 for a second violation within one year, and a fine not to exceed
$500 for each additional violation within one year of the preceding
violation.
(3)
In addition to the fines established by this section, violation of
this section by a person who owns, manages, operates, or otherwise
controls a public place or place of employment may result in the suspension
or revocation of any permit or license issued to the person for the
premises on which the violation occurred.
(4)
Violations of this section are declared to be a public nuisance that
may be abated by restraining order, preliminary or permanent injunction,
or other means provided by law.
(5)
Each day on which a violation of this section occurs shall be considered
a separate and distinct violation.
