19.0824.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1244
of North Dakota
Introduced by
Representatives K. Koppelman, Magrum
Senator Bakke
1 A BILL for an Act to amend and reenact section 40-05-06, subsection 3 of section 40-18-01, and
2 section 40-18-14 of the North Dakota Century Code, relating to city fines and penalties and
3 jurisdiction of municipal judges; and to provide a penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 40-05-06 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 40-05-06. City fines and penalties limited.
8 1. Except as provided in subsections 2 and 3, the fine or penalty for the violation of any
9 ordinance, resolution, or regulation of a city may not exceed one thousand five
10 hundred dollars, and the imprisonment may not exceed thirty days for one offense.
11 2. For every violation of a city ordinance regulating the operation or equipment of motor
12 vehicles or regulating traffic, except those ordinances listed in section 39-06.1-05, a
13 fee may be established, by ordinance, which may not exceed the limits, for equivalent
14 categories of violations, set forth in section 39-06.1-06.
15 3. For every violation of a city ordinance enforcing the requirements of 40 CFR
16 403title 40, Code of Federal Regulations, section 403 relating to publicly owned
17 treatment works, or prohibiting shoplifting, vandalism, criminal mischief, or malicious
18 mischief, the penalty may not exceed a fine of one thousand five hundred dollars,
19 imprisonment for thirty days, or both such fine and imprisonment.
20 4. This section does not prohibit the use of the sentencing alternatives, other than a fine
21 or imprisonment, provided by section 12.1-32-02 for the violation of a city ordinance,
22 nor does this section limit the use of deferred or suspended sentences under
23 subsections 3 and 4 of section 12.1-32-02.
Page No. 1 19.0824.01000
 Sixty-sixth
Legislative Assembly
1 SECTION 2. AMENDMENT. Subsection 3 of section 40-18-01 of the North Dakota Century
2 Code is amended and reenacted as follows:
3 3. Notwithstanding any other provision of law, the municipal court has no jurisdiction to
4 hear, try, and determine an offense which would be a violation of section 39-08-01 or
5 equivalent ordinance, if the personindividual charged with the offense has twice
6 previously been convicted of a violation of section 39-08-01 or equivalent ordinance
7 within the fiveseven years preceding the commission of the offense charged or if the
8 personindividual charged with the offense has three times previously been convicted
9 of a violation of section 39-08-01 or equivalent ordinance within the sevenfifteen years
10 preceding the commission of the offense charged. If such an offense is charged in the
11 municipal court and the municipal judge has notice of a violation of section 39-08-01 or
12 equivalent ordinance twice within the fiveseven years, or three times within the
13 sevenfifteen years, preceding the commission of the offense charged, the municipal
14 judge shall dismiss the charge, without prejudice, and direct that the charge be filed
15 against the personindividual in the district court.
16 SECTION 3. AMENDMENT. Section 40-18-14 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 40-18-14. Municipal judge may enforce orders and judgments and punish for
19 contempt.
20 A municipal judge has the power tomay enforce due obedience to the court's orders and
21 judgments. The judge may fine or imprison for contempt committed in the judge's presence
22 while holding court, as well as for contempt of process issued, and of orders made by the judge.
23 When an act or omission constituting a contempt in a municipal court is not committed in the
24 presence of the municipal judge, an affidavit alleging the facts may be filed and a warrant of
25 arrest thereupon may issue on which the person accused may be arrested and brought before
26 the municipal judge immediately. The person must be given a reasonable opportunity to employ
27 counsel and defend against the alleged contempt. After hearing the allegations and proofs, the
28 municipal judge may discharge the person or adjudge the person guilty and may punish by fine
29 or imprisonment or both. The fine in any case may not be more than one thousand five hundred
30 dollars and the imprisonment may not be more than thirty days.
Page No. 2 19.0824.01000


Statutes affected:
INTRODUCED: 40-05-06, 40-18-01, 40-18-14
Enrollment: 40-05-06, 40-18-01, 40-18-14