Ordinance Questions

ARTICLE I. - IN GENERAL

Sec. 4-1. - Accumulation of animal excrement prohibited.

No person occupying any premises within the city shall permit the accumulation of animal excrement on the premises, or on any other premises.

(Rev. Ords. 1986, § 9-115; Ord. No. 766, 12-16-1996)

Secs. 4-2—4-20. - Reserved.

ARTICLE II. - DOGS AND CATS^[2]

State Law reference— Authority relative to dogs, N.D.C.C. § 40-05—02(22).

DIVISION 1. - GENERALLY

Sec. 4-21. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

At large means off the premises of the owner and not under the control of the owner or a member of the owner's immediate family either by leash, cord, chain, or otherwise.

Dog or cat refers to both the male and female of the species.

Owner means any person owning, keeping, or harboring a dog or a cat.

Vicious includes any dog or cat which has, on at least one occasion, attacked, bitten, clawed or harmed in any way, any human being, or attempted to attack, bite, claw or harm in any way any human being, or which for any other reason is determined by the chief of police to be fierce or dangerous.

(Rev. Ords. 1986, § 9-101; Ord. No. 766, 12-16-1996)

Sec. 4-22. - Penalty.

Violation of any of the provisions of this article shall be a misdemeanor, except that a first violation of section 4-23(a),(b) or(d), section 4-27, or section 4-28 shall be an infraction. A second or subsequent violation of section 4-23(a),(b) or (d), section 4-27, or section 4-28 shall be a misdemeanor.

(Rev. Ords. 1986, § 9-116; Ord. No. 766, 12-16-1996)

Sec. 4-23. - Running at large prohibited; vicious animal and rabies procedures; exception.

(a)    Every person having the custody or control of any dog or cat shall prevent said animal from leaving the property limits of its owner or keeper without being effectively restrained by a chain or leash not exceeding six feet in length, or, within a vehicle being driven or parked on the street. In the event any such dog or cat is found at large, the owner, custodian or keeper of such animal shall be guilty of a violation of this section.

(b)   Every person having custody or control of a leashed animal on property other than his own shall collect said animal's solid waste when eliminated.

(c)    Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel in such manner that such dog or cat cannot come in contact with another dog or cat except for breeding purposes.

(d)   Every person having custody or control of a dog shall prevent said dog, whether or not on the property of its owner or custodian, from, without provocation, molesting, attacking, or otherwise interfering with the freedom of movement or persons in a public right-of-way.

(e)    Any dog or cat that is determined by the city police chief or city attorney's office to be fierce, dangerous, or vicious; any dog which interferes with the freedom of movement of persons in a public right-of-way as prohibited in subsection (d) of this section; or any dog or cat that is determined by the city police department to be habitually at large is declared to be a public nuisance. The owner, custodian or keeper of any such animal shall be notified of said determination in writing and, upon request of the chief of police or city attorney's office, shall surrender such animal for purposes of placement or destruction; provided, however, any said owner, custodian or keeper of any such animal shall have ten days from the receipt of notification to appeal to the city municipal court and a hearing shall be held. In the event that the court affirms the determination of the police department, the court shall:

(1)    Order the surrender of such animal to the chief of police to be impounded for purposes of placement outside the city or destruction; or

(2)    Order that the owner, custodian or keeper of such animal shall arrange for placement outside the city or destruction of the animal within a set number of days.

(f)    The owner, custodian or keeper of any animal which has bitten or scratched a human being or other animal, or which is reasonably suspected by the chief of police, city attorney's office, or other appropriate city official, of having bitten or scratched a human being or other animal, or of having rabies, shall:

(1)    At the request of such official, confine any said animal for ten days in a suitable secure enclosure or, if deemed necessary by said official, in the animal pound;

(2)    Immediately notify the city police department if any said animal escapes during the above-mentioned ten-day period;

(3)    Make any and all reports requested in reference to the general health and medical history of said animal; and

(4)    Surrender any said animal for such medical tests as are deemed necessary and submit said animal to treatment, or in the alternative, for destruction.

(g)   The provisions of this section shall not apply to any dogs owned by the city or any other political subdivision and used for law enforcement purposes.

(Rev. Ords. 1986, § 9-106; Ord. No. 766, 12-16-1996)

Sec. 4-24. - Muzzling required when animal not on owner's property; procedure when animal infected with rabies.

Whenever it becomes necessary to safeguard the public from the dangers of rabies, the chief of police shall request the mayor to issue a proclamation ordering every person owning or keeping a dog or cat to confine it secretly on the person's premises unless such dog or cat shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog or cat running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs and cats so noticeably infected with rabies and displaying vicious propensities shall be killed by the police department without notice to the owner. If not noticeably infected with rabies, such unmuzzled dogs or cats shall be impounded for at least two weeks; after which time they may be released to the owner upon payment of fees as provided in section 4-72. Any dog or cat found to be infected with rabies during the impoundment shall be destroyed. If unclaimed after two weeks and found not to be infected by rabies, such dogs or cats may be summarily destroyed or placed with another individual. Nothing in this section shall be construed to require impounding of a dog or cat whose owner is unknown for a period longer than provided for in section 4-73.

(Rev. Ords. 1986, § 9-110; Ord. No. 766, 12-16-1996)

Sec. 4-25. - Owner to notify chief of police if animal exposed to rabies.

(a)    If a dog or cat is believed to have rabies or has been bitten by a dog or cat suspected of having rabies, such animal shall be placed under the observation of a veterinarian, at the expense of the owner, for a period of two weeks. The owner shall notify the chief of police of the fact that the owner's dog or cat has been exposed to rabies and to the chief of police is empowered to have such animal removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.

(b)   It shall be unlawful for any person knowing or suspecting that a dog or cat has rabies to allow such dog or cat to be taken off the person's premises or beyond the limits of the city without the written permission of the chief of police. Every owner, or other person, upon ascertaining that a dog or cat is rabid shall immediately notify the poundmaster or a police officer who shall either remove the animal to the pound or summarily destroy it. Nothing in this section shall be construed to require impounding of a dog or cat whose owner is unknown for a period longer than provided for in section 4-73.

(Rev. Ords. 1986, § 9-111; Ord. No. 766, 12-16-1996)

Sec. 4-26. - Property owner permitted to turn trespassing dogs or cats over to police department.

Any dog or cat which shall at any time be found trespassing upon any private property within the limits of the city shall be liable to be taken up and restrained by the owner or occupant of such property or the owner or occupant's child, servant, or agent, turned over to the city police department and dealt with pursuant to sections 4-71 through 4-73.

(Rev. Ords. 1986, § 9-112; Ord. No. 766, 12-16-1996)

Sec. 4-27. - Setting dogs or cats at large prohibited.

All persons except the owners or keepers are hereby prohibited from opening any door or gate of any private premises for the purpose of setting any dogs or cats at large, or unhooking any leash or chain or otherwise enticing or enabling any dog or cat to leave any private premises within which the same may be, for the purpose of setting such dogs or cats at large.

(Rev. Ords. 1986, § 9-113; Ord. No. 766, 12-16-1996)

Sec. 4-28. - Prohibiting barking, annoying dogs.

No person, owner, or keeper may harbor or maintain at any place within the limits of the city, any dog or dogs which shall run out and bark at any person, horse, or other passing object upon or along any street, highway, or other public grounds within the limits of the city, or which by its barking, howling, whining, or other disagreeable noises by it or them during the day or nighttime, disturb reasonable people in the locality where owned, kept or maintained.

(Rev. Ords. 1986, § 9-114; Ord. No. 766, 12-16-1996)

Secs. 4-29—4-47. - Reserved.

DIVISION 2. - LICENSE, REGISTRATION AND TAG

Sec. 4-48. - License and registration required; kennel license fee.

(a)    All dogs and cats over the age of 90 days kept or maintained by their owners in the city shall be licensed on or before the March 1 of each calendar year. Dog and cat licenses shall be issued by the collecting authority upon payment of an annual license fee. The city council may designate (and modify) the collecting authority and annual license fee by resolution. The owner shall state at the time application is made for such license the owner's name and address and the breed, color, and sex of the animal, date of rabies inoculation of the animal, and whether or not the animal is neutered, spayed or desexed. A license shall not be issued unless proof is presented that the dog or cat has been inoculated against rabies within 24 months preceding the application. The licensing provision of the section shall not apply to dogs or cats brought into the city for the purpose of participation in any dog or cat show, nor to seeing-eye dogs properly trained to assist blind persons when such dogs are actually kept for use by blind persons for the purpose of aiding them in going from place to place, nor to dogs owned by the city or any other political subdivision and used for law enforcement purposes.

(b)   Each person, group, association, or corporation engaged in the commercial business of buying, selling, breeding, or boarding dogs and cats who owns or keeps five or more dogs or cats in a kennel at any one time during the year shall pay an annual kennel license fee to be established from time to time by city council resolution.

(c)    The license fees collected shall be paid over to the finance director/city auditor as part of the general fund of the city.

(Rev. Ords. 1986, § 9-102; Ord. No. 766, 12-16-1996)

Sec. 4-49. - License good for one year; failure to provide proof of inoculation grounds for cancellation.

The license herein provided for shall be in force for one year from the date of issuance. Said license shall be canceled unless the records of the chief of police contain written evidence that a dog or cat has been inoculated against rabies at least once every two years.

(Rev. Ords. 1986, § 9-103; Ord. No. 766, 12-16-1996)

Sec. 4-50. - Animal must have collar with rabies and license tags attached.

Upon payment of the license fee there shall be issued to the owner a metallic tag for each dog so licensed and a receipt. The tag shall be numbered from one up consecutively and shall have stamped thereon the year it was issued and shall be valid for one year from the date of issuance. Each owner shall be required to provide each dog or cat with a collar to which the license tag must be affixed. Collars and tags must be constantly worn. In case a tag is lost or destroyed a duplicate will be issued upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fee for such duplicate said fee to be set by city council by resolution. Tags shall not be transferable from one animal to another and no refunds shall be made on any license fee because of death of the animal or the owner's leaving the city before expiration of the license period. The metal rabies-inoculation tag shall also be kept affixed to the collar of dogs and cats at all times. The provisions of this article shall not apply to dogs owned by the city or any other political subdivision and used for law enforcement purposes.

(Rev. Ords. 1986, § 9-104; Ord. No. 766, 12-16-1996)

Sec. 4-51. - Chief of police to keep registry.

It is hereby made the duty of any person who may be designated by the chief of police of the city to list in a listing book or books to be prepared at the expense of the city and furnished to the chief of police, in which such person shall enter the name or names of the owner or keepers, of all dogs and cats in said city, the number of the house and street where owned or kept and the sex thereof and the amount of license thereon, as hereinbefore provided, and also the color of all such dogs and cats and such other descriptions identifying such dogs and cats as may be convenient.

(Rev. Ords. 1986, § 9-105; Ord. No. 766, 12-16-1996)

Secs. 4-52—4-70. - Reserved.

DIVISION 3. - IMPOUNDMENT

Sec. 4-71. - Authority to apprehend at large dogs or cats; procedure.

It shall be the duty of every police officer or any other person designated by the chief of police to apprehend any dog or cat found running at large contrary to the provisions of this article and to impound such dog or cat in the city pound, or other suitable place selected by the chief of police for the impounding of animals. The poundmaster, upon receiving any dog or cat, shall make a complete registry, entering the breed, color, and sex of such dog or cat and whether licensed for the current year. If licensed, the poundmaster's shall enter the name and address of the owner and the number of the license tag.

(Rev. Ords. 1986, § 9-107; Ord. No. 766, 12-16-1996)

Sec. 4-72. - Notice to owner required; redemption procedure.

Not later than two days after the impound of any dog or cat, the owner, if known, shall be notified, and a description of any dog or cat for which the owner is unknown shall be posted in the entryway or lobby of the impoundment facility. Verbal notice to the owner, a member of the owner's family, or any individual in whose care and custody the owner has left such animal shall be sufficient. The owner of any dog or cat so impounded may reclaim such animal upon payment of the license fee, if unpaid, the costs of impoundment and maintenance, and all costs incurred in giving any needed rabies inoculations or any other medical fees occurred in the giving of any medical care or treatment which the pound facility determines to be reasonably necessary.

(Rev. Ords. 1986, § 9-108; Ord. No. 766, 12-16-1996)

Sec. 4-73. - Disposition of unclaimed or rabies infected dogs or cats.

If at the expiration of three days from the date of notice to the owner, or the posting of the description for animals of which the owner is unknown, such dog or cat shall not have been redeemed, it may be destroyed or placed with another individual willing to pay the required fees and costs pursuant to section 4-72. Any dog or cat which appears to be suffering from rabies or to be affected with another dangerous disease shall not be released but may be forthwith destroyed.

(Rev. Ords. 1986, § 9-109; Ord. No. 766, 12-16-1996)

Secs. 4-74—4-92. - Reserved.

ARTICLE XIII. - GOLF CARTS

Sec. 42-783. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dealer means any person engaged in the business of buying, selling, or exchanging golf carts or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of golf carts, or who engages in buying golf carts.

Golf cart means a gas or electric three or four wheel vehicle commonly used to transport golfers and their golfing equipment while playing the sport of golf.

Operate means to ride in or on and control the operation of a golf cart.

Operator means every person who operates or is in actual physical control of a golf cart.

Owner means a person, other than a lienholder, having the property in or title to a golf cart and is entitled to the use or possession thereof.

Person includes an individual, partnership, corporation, limited liability company, association, the state and its departments, agencies, and political subdivisions, and any body of persons, whether incorporated or not.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

(Ord. No. 903, § 5-1702.1, 10-5-2007)

Sec. 42-784. - Exempt from registration and equipment provisions of N.D.C.C. title 39.

Golf carts operating on the streets, avenues, roadways, and alleys in the city and which meet the requirements of this article shall be exempt from title, registration, and equipment provisions applicable to motor vehicles under N.D.C.C. title 39.

Ord. No. 903, § 5-1702.2, 10-5-2007)

Sec. 42-785. - Penalty.

(a)    Any person who violates subsection 42-751(f)(2) or (3) shall be guilty of a misdemeanor.

(b)   Any person who violates any provision of this article not constituting a misdemeanor shall be assessed a fee as established by resolution of the city council.

(Ord. No. 903, § 5-1715.2, 10-5-2007)

Sec. 42-786. - Enforcement.

Peace officers of the city or of this state, and their respective duly authorized representatives, are hereby authorized to enforce the provisions of this article.

(Ord. No. 903, § 5-1714.2, 10-5-2007)

Sec. 42-787. - Operating rules.

The following rules apply to the operation of golf carts pursuant to this article:

(1)    No person shall operate a golf cart upon any street, avenue, roadway, or alley in the city except as provided by this article.

(2)    No person owning or having custody or control of a golf cart shall operate, or permit the operation of, such golf cart upon any real property or land within the city not owned or leased by such person except for golf carts which are owned or leased by a city resident and regularly stored or garaged in the city.

(3)    No person owning, leasing or having custody or control of a golf cart shall operate or permit to be operated any golf cart upon any street, avenue, roadway, or alley within the city, except as permitted hereafter and under the following circumstances and conditions:

1. An operator must be at least 16 years of age and have in the operator's possession a valid driver's license.
2. Any person who rides as a passenger on a golf cart must be at least ten years of age.
3. A golf cart being operated on any street, avenue, roadway, or alley in the city shall have no more than two persons, including the operator, on the golf cart.
4. A golf cart shall be operated only during daylight hours, between sunrise and sunset, unless the golf cart is equipped with headlights, taillights, and turn signals, all in working order, and which conform to standards for motor vehicles prescribed under N.D.C.C. title 39.
5. The operator of a golf cart shall take the most direct route between the golf cart's place of storage within the city and the golf course.
6. The operator of a golf cart shall observe all traffic laws, except as provided in this article.

(4)    Notwithstanding the circumstances and conditions set forth in subsection (3) of this section, no golf cart shall be operated, or permitted to be operated:

1. Along Dakota Avenue.
2. Along Second Avenue North, along Fourth Street North between Seventh Avenue North and Third Avenue South, along Eleventh Street and along Eleventh Avenue South, though these four streets may be crossed at an intersection in accordance with the other provisions of this article.
3. On a street, avenue, roadway, or alley which has been designated as prohibited for such operation, except crossing at an intersection.
4. On any federal, state, or county highways in the city, except that a golf cart may be operated for the perpendicular crossing of any such highways, except as otherwise provided.

(5)    A golf cart may make a direct crossing of a street or highway provided:

1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
2. The operator yields the right-of-way to all oncoming and crossing traffic which constitutes an immediate hazard; and
3. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

(6)    It shall be unlawful for any person to operate any golf cart in the following ways which are declared to be unsafe and a public nuisance:

1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; in any case, no golf cart shall be operated within the city at a speed greater than 15 miles per hour.
2. In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another.
3. While under the influence of intoxicating liquor or a controlled substance.
4. Without head lights, tail lights, and turn signals required for operating the golf cart after day light.
5. In any tree nursery or planting in a manner which damages or destroys growing stock.
6. If the golf cart is gas operated and without a manufacturer-installed or equivalent muffler in good working order and connected to the golf cart exhaust system.

(7)    A person may not operate a golf cart in the city without a valid policy of liability insurance in effect in order to respond to damages for liability arising out of the ownership, maintenance or use of that golf cart in the amount not less than that required by N.D.C.C. § 39-16.1-11, which provisions govern the level of liability coverage and all subsequent amendments thereto.

(Ord. No. 903, § 5-1703.2, 10-5-2007)

Sec. 42-788. - Unattended golf carts.

No person shall leave or allow any golf cart owned or operated by such person to be or remain unattended while the motor is running or with the starting key left in the ignition.

(Ord. No. 903, § 5-1704.2, 10-5-2007)

Sec. 42-789. - Operation on private property.

It shall be unlawful for any person to operate a golf cart, or to permit the operation of a golf cart owned by such person, on private property of another without the express permission to do so by the owner or occupant of said property.

(Ord. No. 903, § 5-1705.2, 10-5-2007)

Sec. 42-790. - Operation on public property other than highways, streets and alleys.

It shall be unlawful for any person to operate a golf cart, or to permit any person to operate a golf cart owned by such person, on public school grounds, park property, playgrounds, recreational areas, the Harry Stern Airport, or on or upon any flood levies or flood control works of the city, without express provision or permission to do so by the proper public authority.

(Ord. No. 903, § 5-1706.2, 10-5-2007)

Sec. 42-791. - Manner of operation.

It shall be unlawful for any person to operate a golf cart in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

(Ord. No. 903, § 5-1707.2, 10-5-2007)

Sec. 42-792. - Operation on sidewalks and boulevards prohibited.

No person shall operate a golf cart on or within any sidewalk, pedestrian way, bike path, walking path, shared use path, boulevard or grass areas except on a permanent driveway which is directly abutting the owner's residence, or for the purpose of legally crossing a street, avenue, or roadway where specifically authorized under this article, or as otherwise specifically authorized by this chapter.

(Ord. No. 903, § 5-1708.2, 10-5-2007)

Sec. 42-793. - Operation in principal business district prohibited; exception.

It shall be unlawful to operate a golf cart within the principal business district of the city.

(Ord. No. 903, § 5-1709.2, 10-5-2007)

Sec. 42-794. - Operation on street.

When operating a golf cart upon a street, avenue, or roadway, such operation shall be at the extreme right side of the street, avenue or roadway, and as near to the curb or shoulder thereof as practicable under the circumstances but in all cases on the pavement or concrete, except if on a graveled alley or when making left turns.

(Ord. No. 903, § 5-1710.2, 10-5-2007)

Sec. 42-795. - Pedestrians have right-of-way.

The operator of a golf cart shall yield to pedestrians whether or not a cross-walk is at the point the pedestrian is crossing or about to cross the street, avenue, roadway, or alley.

(Ord. No. 903, § 5-1711.2, 10-5-2007)

Sec. 42-796. - Operation in group.

When two or more golf carts are operated together as a group, they shall stay in single file while operating upon any street, avenue, or roadway and not more than three golf carts shall proceed in any single group.

(Ord. No. 903, § 5-1712.2, 10-5-2007)

Sec. 42-797. - Parental responsibility.

It shall be unlawful for a parent having legal custody of a juvenile knowingly to allow or permit, or by insufficient control to allow or permit, the juvenile under the age of 16 years or who has attained the age of 16 years or older but who has not obtained a valid driver's license to operate a golf cart as defined herein in the city limits. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning any golf cart owned or in the possession of members of the parents' family and its custody and control. This requirement is intended to hold and collect for a careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such juvenile and/or golf cart.

(Ord. No. 903, § 5-1713.2, 10-5-2007)

Secs. 42-798—42-816. - Reserved.

Sec. 26-186. - Noisy party.

(a)    Prohibited. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet or repose of another person within the city.

(b)   Order to disperse. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave the premises after being ordered by a police officer to do so.

(c)    Tenant or owner; cooperation required. Every owner of such premises, or tenant in charge of such premises, who has knowledge of the disturbance, shall cooperate with such police officer and shall make reasonable effort to stop the disturbance.

(d)   Violations; prima facie evidence. The following shall be prima facie evidence in any prosecution under this section of the owner's or tenant's violation of this section:

(1)    As to tenants, and owner if owner resides on the premises, if twice or more on the same day or if on successive days, the city police department is called upon to enforce the terms of this section either by citizen complaint or by personal investigation of peace officer.

(2)    As to the owner if the owner does not reside at the premises, if after the owner receives written notice of three violations of this section by the owner's tenants at any premises owned by owner in the city within a six-month period, and after receipt of such written notice, the city police department is called upon to enforce this section either by citizen complaint or by personal investigation of a peace officer.

(e)    Violations; applicable penalties. A first violation of this section shall be an infraction. A second, or subsequent violation shall be a misdemeanor punishable by a fine not exceeding $500.00, imprisonment for 30 days, or both such fine and imprisonment.

(Rev. Ords. 1986, § 7-413; Ord. No. 737, 10-2-1995)

Sec. 26-188. - Loud, disturbing and unnecessary noises prohibited; declared nuisances.

The making, creating, or maintenance of loud, unnatural or unusual and disturbing noises are a detriment to public health, comfort, convenience, safety and welfare and are hereby declared to be unlawful and a public nuisance. The following acts, among others, are declared to be prohibited noises in violation of this section, but such enumeration is not exclusive:

(1)    The sounding of horns or signaling devices on any motor vehicle, or motorcycle on any street or public place except as a danger warning or their sounding for an unnecessary and unreasonable period of time.

(2)    Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated, and who are voluntarily listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)    Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4)    Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

(5)    Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interfere with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, or court street.

(6)    A violation of this section shall be an infraction. A second or subsequent violation within the city shall be a misdemeanor.

(Rev. Ords. 1986, § 8-405; Ord. No. 838, 7-15-2002)

ARTICLE XII. - OFF-HIGHWAY VEHICLES

Sec. 42-747. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dealer means any person engaged in the business of buying, selling, or exchanging off-highway vehicles or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of off-highway vehicles, or who engages in the buying of off-highway vehicles for resale.

Off-highway vehicle means any wheeled motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain.

(1)    Class I off-highway vehicle is a vehicle that does not qualify as road capable under articles XV and XVI, has a seat or a saddle designed to be straddled by the operator, and has handlebars for steering control of two wheels.

(2)    Class II off-highway vehicle is less than 50 inches in width, travels on three or more low-pressure tires, has a saddle designed to be straddled by the operator, and has handlebars for steering control.

(3)    Class III off-highway vehicle weights les than 8,000 pounds, travels on four or more tires, has a seat and a wheel for steering control, and is designated for or capable of cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, unless registered by the department under N.D.C.C. ch. 39-04.

Operate means to ride in or on and control the operation of an off-highway vehicle.

Operator means every person who operates or is in actual physical control of an off-highway vehicle.

Owner means a person, other than a lienholder, having the property in or title to an off-highway vehicle entitled to the use or possession thereof.

Point of departure means that property at which the off-highway vehicle is principally stored and/or garaged within the city limits.

Point of destination means that property at which the off-highway vehicle is principally stored and/or garaged within the city limits.

Register means the act of assigning a registration number to an off-highway vehicle.

Registrar means the director of the department of transportation of this state as provided in N.D.C.C. § 24-02-01.3.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

(Ord. No. 887, § 5-1701.1, 4-16-2007)

Sec. 42-748. - Parental responsibility.

It shall be unlawful for a parent having legal custody of a juvenile allowing to permit or by insufficient control to allow the juvenile under the age of 16 years or who has attained the age of 16 years or older but who has not obtained a valid driver's license to operate an off-highway vehicle as defined herein in the city limits. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning any off-highway vehicle owned or in the possession of members of the parents' family and its custody and control. This requirement is intended to hold and collect for a careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such juvenile and/or the off-highway vehicle.

(Ord. No. 887, § 5-1715.1, 4-16-2007)

Sec. 42-749. - Enforcement.

(a)    The provisions of N.D.C.C. § 39-29-11 and all subsequent amendments shall be and are hereby incorporated by reference in this section.

(b)   Peace officers of this state and their respective duly authorized representatives are hereby authorized to enforce the provisions of this article.

(Ord. No. 887, § 5-1716.1, 4-16-2007)

Sec. 42-750. - Registration required.

It shall be unlawful for any person to operate a off-highway vehicle unless said off-highway vehicle is properly registered as required by N.D.C.C. ch. 39-02 and that said registration number is securely affixed on the off-highway vehicle as required by the North Dakota Off-Highway Vehicle Regulations promulgated by the state department of parks and recreation.

(Ord. No. 887, § 5-1702.1, 4-16-2007)

Sec. 42-751. - Operating rules.

(a)    No person shall operate an off-highway vehicle upon any city street, avenue or alley in the city, except as provided pursuant to this chapter.

(b)   No person owning or having custody or control of an off-highway vehicle shall operate or permit the operation thereof upon any real property or land within the city not owned or leased by such person except for off-highway vehicles which are owned or leased by a city resident and regularly stored or garaged in the city and as elsewhere permitted by this article, nor shall such person operate or permit to be operated any off-highway vehicle upon any street, avenue or alley within the city, except for the use of the city streets, avenues and alleys as permitted hereafter under the following circumstances and conditions:

(1)    Driving the stored or garaged off-highway vehicle into the city limits, taking the most direct route to the point of which is to be the point of destination within the city or driving the off-highway vehicle out of the city limits, taking the most direct route from the point of departure to the city limits;

(2)    Taking the off-highway vehicle to be repaired or serviced;

(3)    When driving the off-highway vehicle for emergency and rescue work;

(4)    When normal vehicular traffic is prevented because of emergency as defined hereafter;

(5)    When retail dealers demonstrate an off-highway vehicle within the city limits; notwithstanding the foregoing circumstances and conditions above except for subsections (c) and (d) of this section:

(6)    No off-highway vehicle shall be driven along or across Dakota Avenue; and

(7)    No off-highway vehicle shall be driven along Second Avenue North, Fourth Street, Eleventh Street and Eleventh Avenue South, though these four streets may be crossed at an intersection in accordance with the other provisions of this chapter.

(c)    An off-highway vehicle may make a direct crossing of a street or highway provided:

(1)    The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(2)    The off-highway vehicle is brought to a complete stop before intersection or main traveled way of the highway;

(3)    The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and

(4)    In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

(d)   Unless an individual is operating a Class I off-highway vehicle, an individual may not operate an off-highway vehicle unless it is equipped with at least one headlamp, one taillamp, and brakes, all in working order, which conform to standards prescribed by rule of the director, except where under the direct supervision of an off-highway vehicle instructor teaching a certified off-vehicle safety training course, the requirement for headlamp and tail lamp may be waived.

(e)    The emergency conditions under which off-highway vehicles may be operated other than as provided by this article are only those that render the use of an automobile impractical under such conditions and at the time and location in question.

(f)    It shall be unlawful for any person to drive or operate any off-highway vehicle in the following ways which are declared to be unsafe and a public nuisance:

(1)    At a rate of speed greater than reasonable or proper under all the surrounding circumstances; no off-highway vehicle shall be operated within the city at a speed greater than 15 miles per hour.

(2)    In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another.

(3)    While under the influence of intoxicating liquor or a controlled substance.

(4)    Without a lighted head lamp and taillamp when required for safety.

(5)    In any tree nursery or planting in a manner which damages or destroys growing stock.

(6)    Without a manufacturer-installed or equivalent muffler in good working order and connected to the off-highway vehicle exhaust system.

(g)   It shall be unlawful for any person to operate an off-highway vehicle upon any street, avenue or alley in the city who has not attained the age of 16 years and who does not have in such person's possession a valid driver's license.

(h)    When off-highway vehicles are operated within the right-of-way of any road, street, or highway of the city pursuant to this chapter, during times or conditions that warrant the use of lights by other motor vehicles, such off-highway vehicles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right-of-way traveled by the off-highway vehicles.

(i)     No off-highway vehicle shall be operated at any time within the city, except for a government owned or operated vehicle or a vehicle of husbandry, while towing a sled, skid or other vehicle.

(j)     An individual under the age of 18 years of age may not operate, ride, or otherwise be propelled on an off-highway vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards.

(k)    A person may not drive an off-highway vehicle in the city without a valid policy of liability insurance in effect in order to respond to damages for liability arising out of the ownership, maintenance or use of that vehicle in the amount required by N.D.C.C. §39-16.1.11 and all subsequent amendments shall be and are hereby incorporated by reference to this section.

(Ord. No. 887, § 5-1703.1, 4-16-2007)

Sec. 42-752. - Unattended vehicles.

It shall be unlawful for any owner or operator to leave or allow an off-highway vehicle to be or remain unattended while the motor is running or with the keys for starting the vehicle left in the ignition.

(Rev. Ords. 1986, § 5-1704.1; Ord. No. 887, 4-16-2007)

Sec. 42-753. - Operation on private property.

It shall be unlawful for any person to operate an off-highway vehicle, or to permit an off-highway vehicle owned by the person to be operated on private property of another without the express permission to do so by the owner or occupant of said property.

(Ord. No. 887, § 5-1705.1, 4-16-2007)

Sec. 42-754. - Operation on public property other than highways, streets and alleys.

It shall be unlawful for any person to operate an off-highway vehicle, or to permit any person to operate an off-highway vehicle owned by such person on public school grounds, park property, playgrounds, recreational areas, the Harry Stern Airport, or on or upon any flood levels or flood control works of the city, without express provisions or permission to do so by the proper public authority. It shall be unlawful for any person to operate an off-highway vehicle on the city golf course without express provision or permission to do so by the board of directors of the golf club.

(Ord. No. 887, § 5-1706.1, 4-16-2007)

Sec. 42-755. - Manner of operation.

It shall be unlawful for any person to operate an off-highway vehicle in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

(Ord. No. 887, § 5-1707.1, 4-16-2007)

Sec. 42-756. - Hours of operation.

It shall be unlawful to operate or permit the operation of an off-highway vehicle anywhere in the city between the hours of 10:00 p.m. and 7:00 a.m. of any day.

(Ord. No. 887, § 5-1708.1, 4-16-2007)

Sec. 42-757. - Operation on streets and boulevards prohibited.

No operator of an off-highway vehicle shall drive on or within any sidewalk, bike path, walking path, shared use path, boulevard or grass areas except on a permanent driveway which is directly abutting either the point of departure or point of destination.

(Ord. No. 887, § 5-1709.1, 4-16-2007)

Sec. 42-758. - Operation in principal business district prohibited.

It shall be unlawful to operate an off-highway vehicle within a business district of the city, except that such operation shall be permitted in an emergency during the period of time when at locations where snow upon the roadway or other traveled way renders travel by automobile impractical.

(Ord. No. 887, § 5-1710.1, 4-16-2007)

Sec. 42-759. - No passengers allowed.

No off-highway vehicle shall be operated within the city carrying a passenger.

(Ord. No. 887, § 5-1711.1, 4-16-2007)

Sec. 42-760. - Operation on street.

When operating an off-highway vehicle upon a street, avenue or alley all such operations shall be at the extreme right side of the street or avenue as near to the curb or shoulder thereof as practicable under the circumstances but in all cases on the pavement or concrete, except if on a graveled alley.

(Ord. No. 887, § 5-1712.1, 4-16-2007)

Sec. 42-761. - Pedestrians have right-of-way.

The operator of an off-highway vehicle shall yield to pedestrians whether or not a cross-walk is at the point the pedestrian is crossing or about to cross the street, avenue or alley.

(Ord. No. 887, § 5-1713.1, 4-16-2007)

Sec. 42-762. - Operation in group.

When two or more off-highway vehicles shall be operated together as a group, they shall stay in single file while operating upon any street and not more than three off-highway vehicles shall proceed in any single group.

(Ord. No. 887, § 5-1714.1, 4-16-2007)

Sec. 42-763. - Penalty.

(a)    Any person who violates subsection 42-751(f)(2) or (3) shall be guilty of a misdemeanor.

(b)   Any person who violates any provision of this article not constituting a misdemeanor shall be assessed a fee as established by resolution of the city council.

(Ord. No. 887, § 5-1717.1, 4-16-2007)

Secs. 42-764—42-782. - Reserved.

ARTICLE XII. - OFF-HIGHWAY VEHICLES

Sec. 42-747. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dealer means any person engaged in the business of buying, selling, or exchanging off-highway vehicles or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of off-highway vehicles, or who engages in the buying of off-highway vehicles for resale.

Off-highway vehicle means any wheeled motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain.

(1)    Class I off-highway vehicle is a vehicle that does not qualify as road capable under articles XV and XVI, has a seat or a saddle designed to be straddled by the operator, and has handlebars for steering control of two wheels.

(2)    Class II off-highway vehicle is less than 50 inches in width, travels on three or more low-pressure tires, has a saddle designed to be straddled by the operator, and has handlebars for steering control.

(3)    Class III off-highway vehicle weights les than 8,000 pounds, travels on four or more tires, has a seat and a wheel for steering control, and is designated for or capable of cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, unless registered by the department under N.D.C.C. ch. 39-04.

Operate means to ride in or on and control the operation of an off-highway vehicle.

Operator means every person who operates or is in actual physical control of an off-highway vehicle.

Owner means a person, other than a lienholder, having the property in or title to an off-highway vehicle entitled to the use or possession thereof.

Point of departure means that property at which the off-highway vehicle is principally stored and/or garaged within the city limits.

Point of destination means that property at which the off-highway vehicle is principally stored and/or garaged within the city limits.

Register means the act of assigning a registration number to an off-highway vehicle.

Registrar means the director of the department of transportation of this state as provided in N.D.C.C. § 24-02-01.3.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

(Ord. No. 887, § 5-1701.1, 4-16-2007)

Sec. 42-748. - Parental responsibility.

It shall be unlawful for a parent having legal custody of a juvenile allowing to permit or by insufficient control to allow the juvenile under the age of 16 years or who has attained the age of 16 years or older but who has not obtained a valid driver's license to operate an off-highway vehicle as defined herein in the city limits. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning any off-highway vehicle owned or in the possession of members of the parents' family and its custody and control. This requirement is intended to hold and collect for a careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such juvenile and/or the off-highway vehicle.

(Ord. No. 887, § 5-1715.1, 4-16-2007)

Sec. 42-749. - Enforcement.

(a)    The provisions of N.D.C.C. § 39-29-11 and all subsequent amendments shall be and are hereby incorporated by reference in this section.

(b)   Peace officers of this state and their respective duly authorized representatives are hereby authorized to enforce the provisions of this article.

(Ord. No. 887, § 5-1716.1, 4-16-2007)

Sec. 42-750. - Registration required.

It shall be unlawful for any person to operate a off-highway vehicle unless said off-highway vehicle is properly registered as required by N.D.C.C. ch. 39-02 and that said registration number is securely affixed on the off-highway vehicle as required by the North Dakota Off-Highway Vehicle Regulations promulgated by the state department of parks and recreation.

(Ord. No. 887, § 5-1702.1, 4-16-2007)

Sec. 42-751. - Operating rules.

(a)    No person shall operate an off-highway vehicle upon any city street, avenue or alley in the city, except as provided pursuant to this chapter.

(b)   No person owning or having custody or control of an off-highway vehicle shall operate or permit the operation thereof upon any real property or land within the city not owned or leased by such person except for off-highway vehicles which are owned or leased by a city resident and regularly stored or garaged in the city and as elsewhere permitted by this article, nor shall such person operate or permit to be operated any off-highway vehicle upon any street, avenue or alley within the city, except for the use of the city streets, avenues and alleys as permitted hereafter under the following circumstances and conditions:

(1)    Driving the stored or garaged off-highway vehicle into the city limits, taking the most direct route to the point of which is to be the point of destination within the city or driving the off-highway vehicle out of the city limits, taking the most direct route from the point of departure to the city limits;

(2)    Taking the off-highway vehicle to be repaired or serviced;

(3)    When driving the off-highway vehicle for emergency and rescue work;

(4)    When normal vehicular traffic is prevented because of emergency as defined hereafter;

(5)    When retail dealers demonstrate an off-highway vehicle within the city limits; notwithstanding the foregoing circumstances and conditions above except for subsections (c) and (d) of this section:

(6)    No off-highway vehicle shall be driven along or across Dakota Avenue; and

(7)    No off-highway vehicle shall be driven along Second Avenue North, Fourth Street, Eleventh Street and Eleventh Avenue South, though these four streets may be crossed at an intersection in accordance with the other provisions of this chapter.

(c)    An off-highway vehicle may make a direct crossing of a street or highway provided:

(1)    The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(2)    The off-highway vehicle is brought to a complete stop before intersection or main traveled way of the highway;

(3)    The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and

(4)    In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

(d)   Unless an individual is operating a Class I off-highway vehicle, an individual may not operate an off-highway vehicle unless it is equipped with at least one headlamp, one taillamp, and brakes, all in working order, which conform to standards prescribed by rule of the director, except where under the direct supervision of an off-highway vehicle instructor teaching a certified off-vehicle safety training course, the requirement for headlamp and tail lamp may be waived.

(e)    The emergency conditions under which off-highway vehicles may be operated other than as provided by this article are only those that render the use of an automobile impractical under such conditions and at the time and location in question.

(f)    It shall be unlawful for any person to drive or operate any off-highway vehicle in the following ways which are declared to be unsafe and a public nuisance:

(1)    At a rate of speed greater than reasonable or proper under all the surrounding circumstances; no off-highway vehicle shall be operated within the city at a speed greater than 15 miles per hour.

(2)    In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another.

(3)    While under the influence of intoxicating liquor or a controlled substance.

(4)    Without a lighted head lamp and taillamp when required for safety.

(5)    In any tree nursery or planting in a manner which damages or destroys growing stock.

(6)    Without a manufacturer-installed or equivalent muffler in good working order and connected to the off-highway vehicle exhaust system.

(g)   It shall be unlawful for any person to operate an off-highway vehicle upon any street, avenue or alley in the city who has not attained the age of 16 years and who does not have in such person's possession a valid driver's license.

(h)    When off-highway vehicles are operated within the right-of-way of any road, street, or highway of the city pursuant to this chapter, during times or conditions that warrant the use of lights by other motor vehicles, such off-highway vehicles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right-of-way traveled by the off-highway vehicles.

(i)     No off-highway vehicle shall be operated at any time within the city, except for a government owned or operated vehicle or a vehicle of husbandry, while towing a sled, skid or other vehicle.

(j)     An individual under the age of 18 years of age may not operate, ride, or otherwise be propelled on an off-highway vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards.

(k)    A person may not drive an off-highway vehicle in the city without a valid policy of liability insurance in effect in order to respond to damages for liability arising out of the ownership, maintenance or use of that vehicle in the amount required by N.D.C.C. §39-16.1.11 and all subsequent amendments shall be and are hereby incorporated by reference to this section.

(Ord. No. 887, § 5-1703.1, 4-16-2007)

Sec. 42-752. - Unattended vehicles.

It shall be unlawful for any owner or operator to leave or allow an off-highway vehicle to be or remain unattended while the motor is running or with the keys for starting the vehicle left in the ignition.

(Rev. Ords. 1986, § 5-1704.1; Ord. No. 887, 4-16-2007)

Sec. 42-753. - Operation on private property.

It shall be unlawful for any person to operate an off-highway vehicle, or to permit an off-highway vehicle owned by the person to be operated on private property of another without the express permission to do so by the owner or occupant of said property.

(Ord. No. 887, § 5-1705.1, 4-16-2007)

Sec. 42-754. - Operation on public property other than highways, streets and alleys.

It shall be unlawful for any person to operate an off-highway vehicle, or to permit any person to operate an off-highway vehicle owned by such person on public school grounds, park property, playgrounds, recreational areas, the Harry Stern Airport, or on or upon any flood levels or flood control works of the city, without express provisions or permission to do so by the proper public authority. It shall be unlawful for any person to operate an off-highway vehicle on the city golf course without express provision or permission to do so by the board of directors of the golf club.

(Ord. No. 887, § 5-1706.1, 4-16-2007)

Sec. 42-755. - Manner of operation.

It shall be unlawful for any person to operate an off-highway vehicle in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

(Ord. No. 887, § 5-1707.1, 4-16-2007)

Sec. 42-756. - Hours of operation.

It shall be unlawful to operate or permit the operation of an off-highway vehicle anywhere in the city between the hours of 10:00 p.m. and 7:00 a.m. of any day.

(Ord. No. 887, § 5-1708.1, 4-16-2007)

Sec. 42-757. - Operation on streets and boulevards prohibited.

No operator of an off-highway vehicle shall drive on or within any sidewalk, bike path, walking path, shared use path, boulevard or grass areas except on a permanent driveway which is directly abutting either the point of departure or point of destination.

(Ord. No. 887, § 5-1709.1, 4-16-2007)

Sec. 42-758. - Operation in principal business district prohibited.

It shall be unlawful to operate an off-highway vehicle within a business district of the city, except that such operation shall be permitted in an emergency during the period of time when at locations where snow upon the roadway or other traveled way renders travel by automobile impractical.

(Ord. No. 887, § 5-1710.1, 4-16-2007)

Sec. 42-759. - No passengers allowed.

No off-highway vehicle shall be operated within the city carrying a passenger.

(Ord. No. 887, § 5-1711.1, 4-16-2007)

Sec. 42-760. - Operation on street.

When operating an off-highway vehicle upon a street, avenue or alley all such operations shall be at the extreme right side of the street or avenue as near to the curb or shoulder thereof as practicable under the circumstances but in all cases on the pavement or concrete, except if on a graveled alley.

(Ord. No. 887, § 5-1712.1, 4-16-2007)

Sec. 42-761. - Pedestrians have right-of-way.

The operator of an off-highway vehicle shall yield to pedestrians whether or not a cross-walk is at the point the pedestrian is crossing or about to cross the street, avenue or alley.

(Ord. No. 887, § 5-1713.1, 4-16-2007)

Sec. 42-762. - Operation in group.

When two or more off-highway vehicles shall be operated together as a group, they shall stay in single file while operating upon any street and not more than three off-highway vehicles shall proceed in any single group.

(Ord. No. 887, § 5-1714.1, 4-16-2007)

Sec. 42-763. - Penalty.

(a)    Any person who violates subsection 42-751(f)(2) or (3) shall be guilty of a misdemeanor.

(b)   Any person who violates any provision of this article not constituting a misdemeanor shall be assessed a fee as established by resolution of the city council.

(Ord. No. 887, § 5-1717.1, 4-16-2007)

Secs. 42-764—42-782. - Reserved.

DIVISION 9. - SNOW REMOVAL PARKING

Sec. 42-575. - Street cleaning and snow removal; parking temporarily prohibited.

Whenever, in the judgment of the city council or the city engineer, it shall be necessary that streets, alleys, or public ways in the city be cleared of snow or ice or be cleaned by the use of street sweepers or other methods of cleaning such streets, or for marking for traffic purposes, the ordinances of the city regulating the parking of automobiles, trucks and other motor vehicles shall be suspended and it shall be unlawful for any automobile, truck or other motor vehicle to be parked or left standing between the hours hereinafter mentioned and during the period of time during which the said parking ordinances are suspended.

(Rev. Ords. 1986, § 14-411)

Sec. 42-576. - Notice required; publication.

Whenever it becomes necessary, as provided in section 42-577 hereof to remove snow or ice or to sweep and clean streets, or to mark streets for traffic purposes in the city, there shall be designated by the city engineer the area and streets to be cleared of snow or ice or cleaned as aforesaid and the time during which such snow and ice removal and street cleaning shall be done. Such notice shall be given by publishing such notice describing the areas, streets, and public ways from which snow or ice is to be removed, or which are to be cleaned by sweeping or otherwise, or to be marked and the hours which such work will be done, such publication to be made in the morning edition of the official newspaper of the city of the day affected or at such time prior thereto as may be deemed necessary by the city engineer.

(Rev. Ords. 1986, § 14-412)

Sec. 42-577. - Illegal to park during notice period.

From and after the time fixed by such notice as published, it shall be unlawful for any person to park or leave standing on any street, alley or public way in the city any automobile, truck or other vehicle between the hours set forth in such notice as published.

(Rev. Ords. 1986, § 14-413)

Sec. 42-578. - Posting signs in notice area.

Whenever the city engineer deems it feasible to do so, the city engineer may, in addition to the publication of the notice as provided in section 42-576 hereof, post signs in the area from which snow or ice is to be removed or in which street sweeping or cleaning is to be done, said signs to bear a statement substantially as follows: "No parking in this block between the hours of ____________ and ____________ " or words of similar import and it shall be unlawful for any person to park or leave standing in any block in which such sign shall have been posted, any automobile, truck or vehicle between the hours set forth in such notice and whether such notice as described in section 42-576 hereof was published or not published.

(Rev. Ords. 1986, § 14-414)

Sec. 42-579. - Authority to remove vehicles in notice area.

Whenever any automobile, truck or other vehicle remains parked or left standing on any street, alley or public way, during the time and within the area for which notice to remove or notice prohibiting parking in such area has been given, either by publication or by posting as set forth in this division, the same shall be removed by or under the direction of the police department of the city to some location selected by the police department and shall be kept and retained by the police department until the costs of such removal have been paid and until the owner or legal possessor of such automobile, truck or vehicle provides proof of being the person entitled to the possession of such automobile, truck or other vehicle and it shall be unlawful for any person to take or attempt to take such automobile, truck or other vehicle from the place where stored as aforesaid until the same is released by the police department of the city and until costs of such removal have been paid.

(Rev. Ords. 1986, § 14-415)

Sec. 42-580. - Costs of removal.

There is hereby fixed and determined as the costs incident to the removal of automobiles, trucks or other vehicles as provided by this article such sum as will defray the cost for towing and such sum per day as will defray the cost for storage of each automobile, truck or other vehicle removed from the place where parked when so parked or left standing in violation of this article.

(Rev. Ords. 1986, § 14-416)

Secs. 42-581—42-599. - Reserved.

ARTICLE XI. - SNOWMOBILES

Sec. 42-711. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dealer means every person, partnership, corporation, or limited liability company engaged in the business of buying, selling, or exchanging snowmobiles, or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of snowmobiles, or who engages in the buying of snowmobiles for resale.

Operate means to ride in or on and control the operation of a snowmobile.

Operator means every person who operates or is in actual physical control of a snowmobile.

Owner means a person, other than a lienholder, having the property in or title to a snowmobile entitled to the use or possession thereof.

Register means the act of assigning a registration number to a snowmobile.

Registrar means the director of the department of transportation of this state as provided in N.D.C.C. § 24-02-01.3.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

Snowmobile means a self-propelled vehicle designed for travel on snow, ice, or a natural terrain and steered by skis or runners.

(Rev. Ords. 1986, § 5-1701)

Sec. 42-712. - Penalty.

(a)    Any person who violates subsections 42-715(b) or (c) shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 30 days, or both such fine and imprisonment.

(b)   Any person who violates any other provision of section 42-715 shall be assessed a fee of $40.00.

(c)    Any person, unless specifically exempted, who fails to register as required by section 42-714 and N.D.C.C. § 39-24-02 shall be assessed a fee of $50.00.

(d)   Any person who violates any other provision of this article for which a specific penalty is not provided shall be assessed a fee of $20.00.

(Rev. Ords. 1986, § 5-1710; Ord. No. 828, 11-1-2001)

Sec. 42-713. - Enforcement.

Peace officers of this state and their respective duly authorized representatives are hereby authorized to enforce the provisions of this article.

(Rev. Ords. 1986, § 5-1716)

Sec. 42-714. - Registration required.

It shall be unlawful for any person to operate a snowmobile unless said snowmobile is properly registered as required by N.D.C.C. ch. 39-24 and that said registration number is securely affixed on each side of the forward half of the snowmobile with the requisite information as provided by N.D.C.C. § 39-24-03.

(Rev. Ords. 1986, § 5-1702)

Sec. 42-715. - Operating rules.

(a)    No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any road, street, or highway in this city except as provided pursuant to this chapter.

(b)   No person owning or having custody or control of a snowmobile shall operate or permit the operation thereof upon any real property or land within the city not owned or leased by such person except as elsewhere permitted by this article, nor shall such person operate or permit to be operated any snowmobile upon any street, avenue, alley, roadway, berm, boulevard, sidewalk, ditch, or city-owned property or right-of-way within the city, except for the use of the city streets and avenues as permitted hereafter under the following circumstances and conditions:

(1)    Driving the snowmobile into the city limits and taking the most direct route to the point of destination within the city or driving the snowmobile out of the city limits and taking the most direct route from the point of departure to the city limits;

(2)    Taking the snowmobile to be repaired or serviced;

(3)    When driving the snowmobile for emergency and rescue work;

(4)    When normal vehicular traffic is prevented because of snow;

(5)    When retail dealers demonstrate a snowmobile within the city limits;

(6)    Notwithstanding the foregoing circumstances and conditions above, except for subsections (b)(3) and (4) of this section:

1. No snowmobile shall be driven along or across Dakota Avenue; and
2. No snowmobile shall be driven along Second Avenue North, Fourth Street and Eleventh Street, though these three streets may be crossed at an intersection in accordance with the other provisions of this chapter.

(c)    A snowmobile may make a direct crossing of a street or highway provided:

(1)    The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(2)    The snowmobile is brought to a complete stop before crossing the shoulder, intersection, or main traveled way of the highway;

(3)    The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and

(4)    In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

(d)   No snowmobile shall be operated unless it is equipped with at least one head lamp, one tail lamp, and brakes, all in working order, which conform to standards prescribed by rule of the state highway commissioner pursuant to the authority vested in the state highway commissioner by the North Dakota Century Code.

(e)    No person owning or having custody or control of a snowmobile shall operate or allow the snowmobile to be operated by an individual under the age of 18 years without displaying a red or orange flag not less than 100 square inches, the top of which, when mounted, is not less than 72 inches from the ground.

(f)    The emergency conditions under which snowmobiles may be operated other than as provided by this article shall be such as to render the use of an automobile impractical under such conditions at such period of time and location.

(g)   It shall be unlawful for any person to drive or operate any snowmobile in the following ways which are declared to be unsafe and a public nuisance:

(1)    At a rate of speed greater than reasonable or proper under all the surrounding circumstances; no snowmobile shall be operated within the city at a speed greater than 15 miles per hour.

(2)    In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.

(3)    While under the influence of intoxicating liquor or a controlled substance.

(4)    Without a lighted headlamp and taillamp when required for safety.

(5)    In any tree nursery or planting in a manner which damages or destroys growing stock.

(6)    Without a manufacturer-installed or equivalent muffler in good working order and connected to the snowmobile exhaust system.

(h)    It shall be unlawful for any person to operate a snowmobile upon a roadway, street or highway in the city, without having in such person's possession a valid driver's license or permit, unless otherwise provided for in this article.

(i)     When snowmobiles are operated within the right-of-way of any road, street, or highway of the city pursuant to this chapter, during times or conditions that warrant the use of lights, such snowmobiles shall travel in the same direction as the direction of motor vehicles traveling on the side of the roadway immediately adjacent to the side of the right-of-way traveled by the snowmobile.

(j)     It shall be unlawful for any person to operate a snowmobile within a highway right-of-way as defined in N.D.C.C. 37 § 24-01-01.1(37) between April 1 and November 1 of any year.

(k)    No snowmobile shall be operated at any time within the right-of-way of any highway within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or other vehicle is connected to the snowmobile by a hinged swivel and secure hitch.

(Rev. Ords. 1986, § 5-1703; Ord. No. 828, 11-1-2001)

Sec. 42-716. - Unattended vehicles.

It shall be unlawful for any owner or operator to leave or allow a snowmobile to be or remain unattended while the motor is running or with the keys for starting the vehicle left in the ignition.

(Rev. Ords. 1986, § 5-1704)

Sec. 42-717. - Operating on private property.

It shall be unlawful for any person to operate a snowmobile, or to permit a snowmobile owned by such person to be operated on private property of another without the express permission to do so by the owner or occupant of said property.

(Rev. Ords. 1986, § 5-1705)

Sec. 42-718. - Operating on public property other than highways, streets and alleys.

It shall be unlawful for any person to operate a snowmobile, or to permit any person to operate a snowmobile owned by such person on public school grounds, park property, playgrounds, recreational areas, or the Harry Stern Airport of the city, without express provisions or permission to do so by the proper public authority. It shall be unlawful for any person to operate a snowmobile on the city golf course without express provision or permission to do so by the board of directors of the golf club.

(Rev. Ords. 1986, § 5-1706)

Sec. 42-719. - Manner of operation.

It shall be unlawful for any person to operate a snowmobile in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

(Rev. Ords. 1986, § 5-1707)

Sec. 42-720. - Hours of operation.

It shall be unlawful to operate or permit the operation of a snowmobile anywhere in the city between the hours of 1:00 a.m. and 7:00 a.m. of any day.

(Rev. Ords. 1986, § 5-1708)

Sec. 42-721. - Operation on sidewalks and boulevards prohibited.

No operator of a snowmobile shall drive on or within any sidewalk or boulevard areas except on a permanent or temporary driveway.

(Rev. Ords. 1986, § 5-1709)

Sec. 42-722. - Operation in principal business district prohibited; exception.

It shall be unlawful to operate a snowmobile within the principal business district of the city, except that such operation shall be permitted in an emergency during the period of time when at locations where snow upon the roadway or other traveled way renders travel by automobile impractical.

(Rev. Ords. 1986, § 5-1710)

Sec. 42-723. - Allowable number of persons.

No snowmobile shall be operated within the city carrying three or more persons, exclusive of passengers seated on a pulled sleigh or similar type trailing device.

(Rev. Ords. 1986, § 5-1711)

Sec. 42-724. - Operating on street.

When operating a snowmobile upon a street, all such operations shall be at the extreme right of said street as near to the curb or shoulder thereof as practicable under the circumstances.

(Rev. Ords. 1986, § 5-1712)

Sec. 42-725. - Method for making mechanical attachments.

No snowmobile shall pull within the city any type of sled, toboggan, skis, or other mechanical attachments, or person, except when the same shall be attached to the snowmobile by solid tongue or similar attachment, or by a hinged swivel and secure hitch.

(Rev. Ords. 1986, § 5-1713)

Sec. 42-726. - Operating in a group.

When two or more snowmobiles shall be operated together as a group, they shall stay in single file while operating upon any street and not more than three snowmobiles shall proceed in any single group.

(Rev. Ords. 1986, § 5-1714)

Sec. 42-727. - Operation by underage persons.

Except as otherwise provided in this section, it is unlawful for any person 12 years of age and over who has not reached 16 years of age and who is not in possession of a valid driver's license or permit to operate a snowmobile, except upon the lands of the person's parent or guardian, unless and until the person has completed a snowmobile safety training course as prescribed by the director of the parks and recreation department pursuant to N.D.C.C. ch 28-32 and has received the appropriate snowmobile safety certificate issued by the director of the department of transportation. The failure of an operator to exhibit a snowmobile safety certificate upon demand to any official authorized to enforce this chapter is presumptive evidence that the person is not the holder of the certificate. Fees collected from each person receiving certification must be deposited into the snowmobile trail tax fund for purposes of establishing snowmobile safety programs.

(Rev. Ords. 1986, § 5-1715)

Secs. 42-728—42-746. - Reserved.