[Added 1-9-2024 by Ord. No. 1154]
No offense defined in this chapter shall be construed to supersede
any offense defined in Title 12.1, or 19 in the North Dakota Century
Code or elsewhere in state law. In the event any definition of an
offense section of this chapter is in conflict with or contrary to
any offense defined in Title 12.1 or elsewhere in state law, as those
statutes maybe amended from time to time, the language in conflict
with or contrary to state law shall be invalid and the offense containing
such language shall be construed to be consistent with the definition
of that offense set forth in state law.
[Code 1957, § 15.9; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
(a)
A person is guilty of a class B misdemeanor if he intentionally obstructs,
impairs, impedes, hinders, prevents, or perverts the administration
of law or other governmental function.
(b)
This section does not apply to the conduct of a person obstructing arrest of himself, but such conduct is subject to Section 12-3. This section does apply to the conduct of a person obstructing arrest of another. Inapplicability under this subsection is a defense.
(c)
It is a defense to a prosecution under this section that the administration
of law or other government function was not lawful, but it is no defense
that the defendant mistakenly believed that the administration of
law or other government function was not lawful. For the purposes
of this subsection, the conduct of a public servant acting in good
faith and under color of law in the execution of a warrant or other
process for arrest or search and seizure shall be deemed lawful.
Reference: N.D.C.C. § 12.1-08-01 (2021).
[Code 1957, § 15.30; amended 1-9-2024 by Ord. No. 1154]
(a)
A person is guilty of a class B misdemeanor if, with intent to prevent
a public servant from effecting an arrest of himself or another for
a misdemeanor or infraction, or from discharging any other official
duty, he creates a substantial risk of bodily injury to the public
servant or to anyone except himself, or employs means justifying or
requiring substantial force to overcome resistance to effecting the
arrest or the discharge of the duty.
(b)
It is a defense to a prosecution under this section that the public
servant was not acting lawfully, but it is no defense that the defendant
mistakenly believed that the public servant was not acting lawfully.
A public servant executing a warrant or other process in good faith
and under color of law shall be deemed to be acting lawfully.
Reference: N.D.C.C. § 12.1-08-02 (2021).
[Code 1957, § 15.11; amended 1-9-2024 by Ord. No. 1154]
A person is guilty of a class B misdemeanor if that person:
(a)
Gives false information or a false report to a law enforcement officer
which that person knows to be false, and the information or report
may interfere with an investigation or may materially mislead a law
enforcement officer; or
(b)
Falsely reports to a law enforcement officer or other security official
the occurrence of a crime of violence or other incident calling for
an emergency response when that person knows that the incident did
not occur. "Security official" means a public servant responsible
for averting or dealing with emergencies involving public safety.
(c)
In an official proceeding, he makes a false statement, whether or
not material, under oath or equivalent affirmation, or swears or affirms
the truth of such a statement previously made, if he does not believe
the statement to be true.
(d)
If, in a governmental matter, he:
(1)
Makes a false written statement, when the statement is material and
he does not believe it to be true;
(2)
Intentionally creates a false impression in a written application
for a pecuniary or other benefit, by omitting information necessary
to prevent a material statement therein from being misleading;
(3)
Submits or invites reliance on any material writing which he knows
to be forged, altered, or otherwise lacking in authenticity;
(e)
Submits or invites reliance on any sample, specimen, map, boundarymark,
or other object which he knows to be false in a material respect;
or
(f)
Uses a trick, scheme, or device which he knows to be misleading in
a material respect.
(g)
This section does not apply to information given during the course
of an investigation into possible commission of an offense unless
the information is given in an official proceeding or the declarant
is otherwise under a legal duty to give the information. Inapplicability
under this subsection is a defense.
(h)
A matter is a "governmental matter" if it is within the jurisdiction
of a government office or agency, or of an office, agency, or other
establishment in the legislative or the judicial branch of government.
Reference: N.D.C.C. § 12.1-11-02 and 12.1-11-03 (2021).
[Code 1957, § 15.10; amended 1-9-2024 by Ord. No. 1154]
(a)
A person may not tamper with, disable, or falsely sound an alarm
signifying a fire in a hotel, motel, rooming house, lodging house,
or other place of public abode or in any other public place so as
to endanger person or property. A person does not violate this subsection
if that person sounds an alarm and has a reasonable belief there is
a fire endangering person or property.
(b)
A person may not tamper with or disable fire suppression equipment
in a hotel, motel, rooming house, lodging house, or other place of
abode or in any other public place so as to endanger person or property.
(c)
A violation of this section is a class B misdemeanor.
Reference: N.D.C.C. § 12.1-21-09 (2021).
[Code 1957, § 15.3; amended 1-9-2024 by Ord. No. 1154]
A person is guilty of assault if that person either.
(a)
Willfully causes bodily injury to another human being; or
(b)
Negligently causes bodily injury to another human being by means
of a firearm, destructive device, or other weapon, the use of which
against a human being is likely to cause death or serious bodily injury,
and the victim is 12 years of age or older; or
This offense does not include injuries to individuals acting
in an official capacity under N.D.C.C. § 12.1-17-01(2)(a).
Reference: N.D.C.C. § 12.1-17-01 and 12.1-17-01.1
(2021).
[Code 1957, § 15.16; amended 1-9-2024 by Ord. No. 1154]
(a)
A person is guilty of an offense if that person:
(1)
Willfully tampers with tangible property of another so as to endanger
person or property; or
(2)
Willfully damages tangible property of another.
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The offense is a class B misdemeanor if the actor causes a pecuniary
loss less than $2,000 or a pecuniary loss less than $2,000.
|
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Reference N.D.C.C. § 12.1-21-05 (2021).
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[Code 1957, § 15.12; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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. Violation
of this ordinance shall be an infraction with a fine of up to $1,000.
[Code 1957, § 15.31; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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.
Violation of this ordinance shall be an infraction with a fine
of up to $1,000.
[Ord. No. 478, 9-12-1972; Ord. No. 1068, 8-22-2017; amended 1-9-2024 by Ord. No. 1154]
(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.
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Violation of this ordinance shall be an infraction with a fine
of up to $1,000.
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[Code 1957, § 11.10; amended 1-9-2024 by Ord. No. 1154]
No person shall throw or leave any vegetables, ashes, offal,
dirt, garbage, food matter, liquid waste, filth, or offensive matter
whatsoever, solid or liquid, into any pool of water in the City.
Violation of this ordinance shall be an infraction with a fine
of up to $1,000.
[Code 1957, § 15-35; Ord. No. 706, 11-24-1987; amended 1-9-2024 by Ord. No. 1154]
(a)
(1)
An individual is guilty of a class B misdemeanor if, knowing
the individual is not licensed or privileged to do so, the individual
enters or remains in any place as to which notice against trespass
is given by actual communication to the actor by the owner or an individual
authorized by the owner or by posting in a manner reasonably likely
to come to the attention of intruders. The name of the person posting
the premises must appear on each sign in legible characters.
(2)
Even if the conduct of the owner or individual authorized by
the owner varies from the provisions of subdivision (a)(1), an individual
may be found guilty of violating subdivision a if the owner or individual
authorized by the owner substantially complied with subdivision a
and notice against trespass is clear from the circumstances.
(3)
An individual who violates subdivision a is guilty of a class
A misdemeanor for the second or subsequent offense within a two-year
period.
(b)
(1)
A peace officer may cite an individual who, knowing the individual
is not licensed or privileged to do so, entered or remained in a place
as to which notice against trespass is given by posting in a manner
reasonably likely to come to the attention of intruders or a place
enclosed by a fence as defined in subsection (b), with a noncriminal
offense. An individual cited under this subsection may not be prosecuted
under subsection (a) for the same offense.
(2)
The fine for a citation under subdivision a is $250 for each
violation.
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Reference: N.D.C.C. § 12.1-22-03(2021).
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[Code 1957, § 15.24-1; Ord. No.
640, 2-12-1985; amended 1-9-2024 by Ord. No. 1154]
(a)
A person is guilty of theft if he:
(1)
Knowingly takes or exercises unauthorized control over, or makes
an unauthorized transfer of an interest in, the property of another
with intent to deprive the owner thereof;
(2)
Knowingly obtains the property of another by deception or by
threat with intent to deprive the owner thereof, or intentionally
deprives another of his property by deception or by threat; or
(3)
Knowingly receives, retains, or disposes of property of another
which has been stolen, with intent to deprive the owner thereof.
(4)
They intentionally obtain services, known by them to be available
only for compensation, by deception, threat, false token, or other
means to avoid payment for the services; or
(5)
Having control over the disposition of services of another to
which they are not entitled, they knowingly divert those services
to their own benefit or to the benefit of another not entitled thereto.
Where compensation for services is ordinarily paid immediately upon
their rendition, as in the case of hotels, restaurants, and comparable
establishments, absconding without payment or making provision to
pay is prima facie evidence that the services were obtained by deception.
(6)
Retains or disposes of property of another when they know it
has been lost or mislaid; or
(7)
Retains or disposes of property of another when they know it
has been delivered under a mistake as to the identity of the recipient
or as to the nature or amount of the property, and with intent to
deprive the owner of it, they fail to take readily available and reasonable
measures to restore the property to a person entitled to have it.
[Code 1957, § 15.18-1; amended 1-9-2024 by Ord. No. 1154]
It shall be unlawful for any person willfully to keep or withhold
any book, pamphlet, magazine, manuscript or other lending material
borrowed from the Williston Community 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.
Violation of this ordinance shall be an infraction with a fine
of up to $1,000.
[Code 1957, § 15.24; Ord. No. 610, §§ 1, 2, 12-14-1982;
amended 1-9-2024 by Ord. No. 1154]
(a)
An individual is guilty under this Section if, with intent to intrude
upon or interfere with the privacy of another, the individual:
(1)
Enters upon another's property and surreptitiously gazes,
stares, or peeps into a house or place of dwelling of another; or
(2)
Enters upon another's property and surreptitiously installs
or uses any device for observing, photographing, recording, amplifying,
or broadcasting sounds or events from a house or place of dwelling
of another.
(b)
An individual is guilty under this section if, with intent to intrude
upon or interfere with the privacy of an occupant, the individual:
(1)
Surreptitiously gazes, stares, or peeps into a tanning booth,
a sleeping room in a hotel, or other place where a reasonable individual
would have an expectation of privacy; or
(2)
Surreptitiously installs or uses any device for observing, photographing,
recording, amplifying, or broadcasting sounds or events from a tanning
booth, a sleeping room in a hotel, or other place where a reasonable
individual would have an expectation of privacy.
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Reference: N.D.C.C. § 12.1-31-14 (2021).
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OR
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(c)
An individual, with the intent to arouse, appeal to, or gratify that
individual's lust, passions, or sexual desires, is guilty of
a this offense if that individual does any of the following:
(1)
With intent to intrude upon or interfere with the privacy of
another, enters upon another's property and surreptitiously gazes,
stares, or peeps into a house or place of dwelling of another.
(2)
With intent to intrude upon or interfere with the privacy of
another, enters upon another's property and surreptitiously installs
or uses any device for observing, photographing, recording, amplifying,
or broadcasting sounds or events from a house or place of dwelling
of another.
(3)
With intent to intrude upon or interfere with the privacy of
the occupant, surreptitiously gazes, stares, or peeps into a tanning
booth, a sleeping room in a hotel, or other place where a reasonable
individual would have an expectation of privacy and has exposed or
is likely to expose that individual's intimate parts or has removed
the clothing covering the immediate area of the intimate parts.
(4)
With intent to intrude upon or interfere with the privacy of
the occupant, surreptitiously installs or uses any device for observing,
photographing, recording, amplifying, or broadcasting sounds or events
from a tanning booth, a sleeping room in a hotel, or other place where
a reasonable individual would have an expectation of privacy and has
exposed or is likely to expose that individual's intimate parts
or has removed the clothing covering the immediate area of the intimate
parts
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Reference: N.D.C.C. § 12.1-20-12.2 (2021).
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[1]
[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; amended 1-9-2024 by Ord. No. 1154]
It shall be unlawful for an individual, with intent to arouse,
appeal to, or gratify that individual's lust, passions, or sexual
desires, to:
(a)
Masturbates in a public place or in the presence of a minor;
(b)
Expose the individual's penis, vulva, or anus in a public place
or to a minor in a public or private place;
(c)
Expose the individual's penis, vulva, or anus by unsolicited
electronic means; or
(d)
Expose the individual's penis, vulva, or anus by any electronic
means to a minor.
Reference: N.D.C.C. § 12.1-20-12.1 (2021).
[Code 1957, § 15.13; amended 1-9-2024 by Ord. No. 1154]
Risking 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. Gambling does not include:
Lawful contests of skill, speed, strength, or endurance in which
awards are made only to entrants or to the owners of entries;
Lawful business transactions, or other acts or transactions
now or hereafter expressly authorized by law; or
Use of gaming equipment and devices that may not otherwise be
lawful in the state when the equipment or devices are used by any
institution under the control of the state board of higher education
which awards degrees of bachelor's or higher for the purpose
of conducting scientific research in a controlled environment on the
campus of that institution.
[Code 1957, § 15.13; amended 1-9-2024 by Ord. No. 1154]
Except as permitted by law, it is an infraction to engage in
gambling on private premises where the total amount wagered by an
individual player exceeds $25 per individual hand, game, or event.
Violation of this ordinance shall be an infraction with a fine
of up to $1,000.
Reference: N.D.C.C. 12.1-28-02(1).
[Code 1957, § 15.13; amended 1-9-2024 by Ord. No. 1154[1]]
[Code 1957, § 15.28; amended 1-9-2024 by Ord. No. 1154]
(1)
A "house of prostitution" is any place where prostitution is regularly
carried on by a person under the control, management, or supervision
of another.
(2)
An "inmate" is a prostitute who acts as such in or through the agency
of a house of prostitution.
(3)
A "prostitute" is a person who engages in sexual activity for hire.
(4)
A "prostitution business" is any business which derives funds from
prostitution regularly carried on by a person under the control, management,
or supervision of another.
(5)
"Sexual activity" means sexual act or sexual contact as those terms
are defined in N.D.C.C. section 12.1-20-02.
[Code 1957, § 15.28; amended 1-9-2024 by Ord. No. 1154]
(a)
An adult is guilty of prostitution, a class B misdemeanor, if the
adult:
(1)
Is an inmate of a house of prostitution or is otherwise engaged
in sexual activity as a business;
(2)
Solicits another person with the intention of being hired to
engage in sexual activity; or
(3)
Agrees to engage in sexual activity with another for money or
other items of pecuniary value; or
(4)
Hires or offers or agrees to hire another individual with the
intention of engaging in sexual activity.
(b)
Any place kept in violation of paragraph (1) is a common nuisance.
[Code 1957, § 15.28; amended 1-9-2024 by Ord. No. 1154]
A sentence for an offense under Section 12-38(a)(4) may include an order for the offender to participate in an offender education program on the negative consequences of the commercial sex industry, including health and legal consequences and the impact on communities, survivors, spouses, and children. The court may order the offender to pay the cost of the offender education program.
[Code 1957, § 15.33]
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, § 15.28; § 15.33; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
An owner or lessee, or both, of a house or building that is
used in a manner that habitually disturbs the peace, comfort, or decency
of the immediate neighborhood is guilty of maintaining a public nuisance.
A lessee is not guilty of an offense under this section unless the
lessee is the cause of the nuisance.
Reference: N.D.C.C. § 42-01-01.2 (2021).
[Code 1957, § 15.6; amended 1-9-2024 by Ord. No. 1154]
(a)
An individual is guilty of a class B misdemeanor if, with intent
to harass, annoy, or alarm another person or in reckless disregard
of the fact that another person is harassed, annoyed, or alarmed by
the individual's behavior, the individual:
(1)
Engages in fighting, or in violent, tumultuous, or threatening
behavior;
(2)
Makes unreasonable noise;
(3)
In a public place, uses abusive or obscene language, knowingly
exposes that individual's penis, vulva, or anus, or makes an
obscene gesture;
(4)
Obstructs vehicular or pedestrian traffic or the use of a public
facility;
(5)
Persistently follows a person in or about a public place or
places;
(6)
While loitering in a public place for the purpose of soliciting
sexual contact, the individual solicits the contact;
(7)
Creates a hazardous, physically offensive, or seriously alarming
condition by any act that serves no legitimate purpose;
(8)
Engages in harassing conduct by means of intrusive or unwanted
acts, words, or gestures that are intended to adversely affect the
safety, security, or privacy of another person; or
(9)
Uses a fixed optical device that enhances or records a visual
occurrence to view through any window of another person's property;
or uses a surveillance camera to capture an image from the dwelling
or accessory structure of another person; however, an individual using
a surveillance camera has seven days from notice by a law enforcement
officer to direct or shield the camera so as to not capture an image
from another person's dwelling or accessory structure before
there is an offense.
(b)
This section does not apply to constitutionally protected activity.
If an individual claims to have been engaged in a constitutionally
protected activity, the court shall determine the validity of the
claim as a matter of law and, if found valid, shall exclude evidence
of the activity.
Reference: N.D.C.C. § 12.1-31-01 (2021).
[Code 1957, § 15.7; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
No person within the City shall wantonly or mischievously throw
or project any stone, brick, metal, rock, snowball 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; amended 1-9-2024 by Ord. No. 1154]
(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; amended 1-9-2024 by Ord. No. 1154]
Any individual who by any act willfully encourages, causes,
or contributes to the delinquency or deprivation of any minor is guilty
of a misdemeanor.
Reference: N.D.C.C. § 14-10-06 (2021).
[Ord. No. 525, § 15.50, 11-9-1976; amended 8-13-2019 by Ord. No. 1105; 1-9-2024 by Ord. No. 1154]
(a)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
(1)
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.
(b)
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 the North Dakota Medical Marijuana statute.
(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)
A person who is under 21 years of age and intentionally ingests,
inhales, injects, or otherwise takes into the body a controlled substance
that is marijuana or tetrahydrocannabinol, unless the substance was
medical marijuana obtained in accordance with the North Dakota Medical
Marijuana statute, is guilty of a class B misdemeanor.
(4)
The North Dakota Medical Marijuana statute can be found at N.D.C.C.
§ 19-24.1.
(c)
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; amended 1-9-2024 by Ord. No. 1154]
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
device 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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
It shall be unlawful for any person to write or cause to be
written, or register, in any hotel or lodging house 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; amended 1-9-2024 by Ord. No. 1154]
(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
1/2 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; amended 1-9-2024 by Ord. No. 1154]
(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; amended 1-9-2024 by Ord. No. 1154]
Every person who allows permits 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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
A person who discharges a firearm within a city is guilty of
a class B misdemeanor. This section does not apply to the lawful discharge
of firearms by law enforcement officers, by citizens in defense of
person or property, or by participants in lawful activities in which
discharge of firearms is a recognized part of the activity, including
shooting galleries and ranges.
N.D.C.C. § 62.1-02-06 (2021).
[Code 1957, § 15.37; amended 1-9-2024 by Ord. No. 1154]
(a)
An individual, other than a law enforcement officer, may not carry
a firearm or dangerous weapon concealed unless the individual is licensed
to do so or exempted under this section.
(b)
An individual who is not otherwise precluded from possessing a class
2 firearm and dangerous weapon license, both as defined by North Dakota
Century Code, and who has possessed for at least 30 days a valid driver's
license or nondriver identification card issued by the department
of transportation may carry a firearm concealed under this chapter.
(c)
An individual may carry a firearm concealed under this chapter if
the individual qualifies for reciprocity under section 62.1-04-03.1
of the North Dakota Century Code, and the individual has the equivalent
of a class 2 firearm and dangerous weapon license from the state in
which the individual is a resident.
(d)
For purposes of this chapter, the difference between a class 1 and
class 2 firearm and dangerous weapon license is only the extent to
which a holder of either license may be eligible to receive reciprocal
rights in other jurisdictions. A class 1 firearm and dangerous weapon
licenseholder is eligible to receive reciprocal rights in more jurisdictions
than a class 2 firearm and dangerous weapon licenseholder. The rights
and privileges conveyed by a class 1 or class 2 firearm and dangerous
weapon license within the state are identical.
N.D.C.C. § 62.1-04-02 (2021).
[Ord. No. 587, §§ 1
— 3, 12-22-1981; Ord. No. 778, 6-27-1995; amended 1-9-2024 by Ord. No. 1154]
(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, unless properly permitted by the City of Williston Planning
and Zoning Commission. 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 by permit, 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 guilty of an infraction with a fine of
up to $1,000. A separate offense shall be deemed committed for each
violation of this ordinance.
[Ord. No. 622, §§ 1
— 4, 6-28-1983; amended 1-9-2024 by Ord. No. 1154]
(a)
Definitions.
(1)
CONTROLLED SUBSTANCE — Means a substance as defined in
section 19-03.1-01.
(2)
IMITATION CONTROLLED SUBSTANCE — Means a substance that
is not a controlle substance, but which by appearance, including color,
shape, size, markings, or packing, or by representations made, would
lead a reasonable person to believe that the substance is a controlled
substance.
(b)
Prohibited acts — Penalties.
(1)
It is a violation of this section to use, or to possess with intent to use, an imitation controlled substance. It is not a defense that the defendant believed the substance actually to be a controlled substance. Violation of this section is a class B misdemeanor subject to the penalties of Section 1-11.
(c)
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.
[Ord. No. 666, 4-10-1986; amended 1-9-2024 by Ord. No. 1154]
(a)
A person is guilty of an offense if, with intent to frighten or harass
another, the person: Make a telephone call anonymously or in offensively
coarse language;
(b)
Make repeated telephone calls or other electronic communication,
whether or not a conversation ensues, with no purpose of legitimate
communication; or
(c)
Communicates a falsehood in writing or by electronic communication
and causes mental anguish.
(d)
Any offense defined herein and committed by use of electronic communication
may be deemed to have been committed at either the place at which
the electronic communication was made or at the place where the electronic
communication was received.
[Ord. No. 805, §§ 1,
2, 9-23-1997; amended 1-9-2024 by Ord. No. 1154]
(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. 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.
N.D.C.C. 12.1-08-11 (2021).
[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; amended 1-9-2024 by Ord. No. 1154]
(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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
ENTRANCE — Means an exterior door that actuates to the left
or right which allows access to a public place.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
PUBLICLY OWNED BUILDING, 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.
(m)
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.
(n)
SHOPPING MALL — Means an enclosed public walkway or hall area
that serves to connect retail or professional businesses.
(o)
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.
(p)
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.
Reference N.D.C.C. § 23-12-09 (2021). See also Ord.
No. 975 (9-10-2013).
[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; amended 1-9-2024 by Ord. No. 1154]
(b)
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.
(c)
The following areas are exempt from paragraphs (a) and (b):
(1)
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.
(2)
Outdoor areas of places of employment, except those listed in
paragraph (2).
(3)
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.
(d)
Smoking as part of a traditional American Indian spiritual or cultural
ceremony is not prohibited.
(e)
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.
(f)
This section may not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable laws.
(g)
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.
N.D.C.C. § 23-12-10 (2021). See also, Ord. 975 (9-10-2013).
[Ord. No. 975, 9-10-2013; amended 1-9-2024 by Ord. No. 1154]
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; amended 1-9-2024 by Ord. No. 1154]
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:
(a)
Clearly and conspicuously post no smoking signs or the international
no smoking symbol in that place.
(b)
Clearly and conspicuously post at entry entrance to that place a
sign stating that smoking is prohibited.
(c)
Remove all ashtrays from any area where smoking is prohibited, except
for ashtrays displayed for sale and not for use on the premises.
(d)
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.
(e)
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; amended 1-9-2024 by Ord. No. 1154]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Each day on which a violation of this section occurs shall be considered
a separate and distinct violation.
Reference: N.D.C.C. § 23-12-11 (2021). See also, Ord.
No. 975 (9-10-2013).
