ORDINANCE NO TITLE 1. GENERAL PROVISIONS. Chapter 1-01.

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1 ORDINANCE NO ORDINANCE REPEALING AND AMENDING AND REENACTING CHAPTER 1, GENERAL PROVISIONS, OF THE REVISED ORDINANCES OF THE CITY OF VALLEY CITY, NORTH DAKOTA BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF VALLEY CITY, BARNES COUNTY, NORTH DAKOTA, PURSUANT TO THE HOME RULE CHARTER OF THE CITY OF VALLEY CITY, NORTH DAKOTA: Section 1. Title 1 of the Revised Ordinances of the City ofvalley City is hereby repealed and reenacted to read as follows: TITLE 1. GENERAL PROVISIONS Chapter Section How Revised Ordinances designated and cited. Section Definitions and rules of interpretation. Section Titles of sections. Section Provisions considered as continuations of existing ordinances. Section Severability of parts of Revised Ordinances. Section Repeal does not revive ordinance previously repealed. Section Repeal; effect. Section Official time. Section General penalty; continuing violations. Section Costs to be added to fines. Section Sentencing alternatives. Section Enforcement of orders and judgments and punishment for contempt. Section Failure to appear after signing promise to appear. Section Sale, lease, transfer, or exchange of property. Sec How Revised Ordinances designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated "The Revised Ordinances of the City of Valley City, North Dakota, 2011" and may be so cited. Sec Definitions and rules of interpretation. In the construction of these Revised Ordinances and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the board of city commissioners: I. Board ofcity commissioners. The words "board of city commissioners" shall be construed as though the words "of the City ofvalley City" followed them. 2. Boulevard. The word "boulevard" is defined as that strip ofland abutting on either side ofthe streets ofthe city lying between the outside edge of the sidewalks and the curb along such streets. 3. City. The words "the city" or "this city" shall be construed as if followed by the words "of Valley City." 4. Computation of time. The time in which any act provided by law is to be done is computed by 1

2 excluding the first day and including the last, unless the last is a holiday, and then it is also excluded. 5. County. The words "county" or "the county" mean Barnes County in the State ofnorth Dakota. 6. Day. A day is the period ohime between any midnight and the midnight following. 7. Daytime, nighttime. "Daytime" is the period between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. 8. Gender. Words used importing masculine gender include the feminine as well. 9. In the city. The words "in the city" shall mean and include all ten-itory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise ofits police powers or other regulatory powers. 10. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons. 11. Month. The word "month" shall mean a calendar month. 12. Number. The singular number includes the plural, and the plural the singular. 13. Oaths. "Oath" shall include "affirmation." 14. Officers, departments, etc. Officers, departments, boards, commissions and employees refen-ed to shall mean officers, depatiments, boards, commissions and employees of the City ofvalley City, unless the context clearly indicates otherwise ; and. "Or" may be read "and" and "and" may be read "or," ifthe sense requires it. 16. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant of the whole or a pati of such building or land. 17. Person. Except when used by way of contrast, shall include not only a human being, but a body politic or corporate. 18. Personal property. shall include money, goods, chattels, things in action and evidences of debt. 19. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. 20. Property. Shall include property, real and personal. 21. Real property. Shall be coextensive with lands, tenements and hereditaments. 22. Revised Ordinances; Revision. The words "Revised Ordinances" or "This Revision" shall mean "The Revised Ordinances of the City of Valley City, North Dakota, 2010." 23. Several. The word "several," in relation to number, shall mean two or more. 24. Shall, may. "Shall" is mandatory and "may" is permissive. 25. Sidewalk. The word "sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for the use ofpedestrians. 26. Signature or subscription. Shall include a "mark" when the person cannot write, his name being written near it and written by a person who writes his own name as a witness. 27. State. The words "state" or "the state" shall mean the State of North Dakota. 28. Street. The word "street" means the entire width between property lines of every way or place of whatsoever nature when any part thereof is open to the use of the public as a matter of right of way for purposes ofvehicular traffic. 29 Usual and custommy. The words "usual" and "customary" shall mean "according to usage." 30. Written and printed. The words "writing" and "written" shall include "typewriting" and "typewritten" and "printing" and "printed," except in the case of signatures and when the words are used by way of contrast to "typewriting" and "printing." Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink, it must be.so made. 31. Year. The word "year" shall mean a calendar year, except where otherwise provided. Sec Titles of sections. 2

3 The titles or catch lines of the several sections of these Revised Ordinances printed in boldface type do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section. Sec Provisions considered as continuations of existing ordinances. The provisions appearing in these Revised Ordinances so far as they are substantially the same as those of ordinances existing at the time of the adoption of these Revised Ordinances shall be construed as a continuation thereof and not as new enactments. Sec Severability of parts of Revised Ordinances. Should any section, paragraph, sentence, clause, phrase or word of these Revised Ordinances be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs or sections of these Revised Ordinances since the same would have been enacted by the board of city commissioners without the incorporation in these Revised Ordinances of any such invalid or unconstitutional word, phrase, clause, sentence, paragraph or section. Sec Repeal does not revive ordinance previously repealed. Whenever any ordinance of the board of city commissioners, which repealed a fmmer ordinance, is repealed, such fonner ordinance shall not be revived by such repeal, unless there is express provision to the contrary. Sec Repeal; effect. The repeal of any ordinance by the board of city commissioners shall not have the effect of releasing or extinguishing any penalty, fine, liability or forfeiture incmted under such ordinance, but as to cases tried before, or subsequent to, the repeal of such ordinance, it shall have the effect of extinguishing any jail sentence that may be, or that has been, imposed by reason of such law, unless the repealing ordinance shall provide expressly that the penalties of imprisonment shall remain in force as to crimes committed in violation of such law prior to its repeal. In other respects, such ordinance shall remain in force only for the purpose of the enforcement of such fine, penalty or forfeiture. Sec Official time. Central Time (CT), based on Coordinated Universal Time (UTC-6), is the official time of the city. Sec General penalty; continuing violations. Whenever in these Revised Ordinances or in any ordinance of the city or in any rule or regulation promulgated pursuant thereto, any act is prohibited or is made or declared unlawful or an offense, or whenever in these Revised Ordinances or any ordinance or in any rule or regulation promulgated pursuant thereto the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, any person upon conviction for the violation of any such provision of these Revised Ordinances or any ordinance or any such rule or regulation shall be punished as a Class B Misdemeanor as that term is defined by the North Dakota Century Code. The maximum penalty for violation of a Class B Misdemeanor is not more than thirty (30) days imprisonment and/or fine not to exceed one thousand five hundred dollars ($1,500). Each day any violation of any provision of these Revised Ordinances or of any ordinance or of any such rule or regulation shall continue shall constitute a separate offense. In the construction and interpretation of this section, the revocation of a license or permit shall not be considered as a recovery or penalty so as 3

4 to bar any other penalty being enforced. Sec Costs to be added to fines. In all cases of conviction, other than non-criminal administrative offenses, a court administration fee of up to twenty-five percent of the maximum allowable fine for the offense may be taxed against the defendant in lieu of the assessment of court costs. If the court does assess costs as part ofits sentence, the court shall include in the judgment the facts justifying the amount assessed. Sec Sentencing alternatives. The provisions of North Dakota Century Code section , and all subsequent amendments, shall be and are hereby incorporated by reference in this section. Subject to North Dakota Century Code section , the judge of the municipal court may use the sentencing alternatives provided by North Dakota Century Code section and may suspend any sentence the judge imposes or defer the imposition of any sentence during the good behavior of any person adjudged to have committed an offense, or for other reasonable cause, under subsection 3 or 4 of North Dakota Century Code section , except that the municipal judge may not suspend a sentence or the imposition of sentence for driving a motor vehicle in violation of an operator's license suspension, revocation, or restriction or for a violation of section of the Revised Ordinances if that suspension of sentence or suspension of the imposition of sentence is prohibited under North Dakota Century Code section or or chapter of North Dakota Century Code. Sec Enforcement of orders and judgments and punishment for contempt. The provisions of North Dakota Century Code section , and all subsequent amendments, shall be and are hereby incorporated by reference in this section. The municipal judge has the power to enforce due obedience to the court's orders and judgments. The judge may fine or imprison for contempt committed in the judge's presence while holding comi, as well as for contempt of process issued, and of orders made by the judge. When an act or omission constituting a contempt in a municipal court is not committed in the presence of the municipal judge, an affidavit alleging the facts may be filed and a warrant of arrest thereupon may issue on which the person accused may be arrested and brought before the municipal judge immediately. The person must be given a reasonable opportunity to employ counsel and defend against the alleged contempt. After hearing the allegations and proofs, the municipal judge may discharge the person or adjudge the person guilty and may punish by fine or imprisonment or both. The fine in any case may not be more than one thousand five hundred dollars and the imprisomnent may not be more than thirty days. Sec Failure to appear after signing promise to appear. It shall be unlawful for any person to fail to appear at the time and place designated after signing a promise to appear for a violation of any of the ordinances of the city; except, in the case of violations of traffic ordinances where it is specifically provided that the party cited may pay the statutory fee or post and forfeit bond. In the case of a traffic citation it shall be unlawful to fail to appear at the time and place designated after signing a promise to appear without paying the statutory fee or posting and forfeiting bond. Sec Sale, lease, transfer, or exchange of property. Real and personal property of the City of Valley City, regardless of value, may be sold at public 4

5 or private sale in accordance with procedures established by resolutions adopted by the governing body with reference thereto. Any public sale of prope1iy shall comply with the provisions of sections or of the N01ih Dakota Century Code as amended. The governing body is fmiher authorized to lease, transfer, or exchange real and personal prope1iy, regardless of value, in accordance with procedures established by resolutions adopted with reference thereto. Section 2. Any ordinances of the City of Valley City which are in conflict with the ordinance are hereby repealed. Section 3. Should any part of this Ordinance be declared unconstitutional or invalid, the remaining portion thereof shall remain in full force and effect. ~~h_/ Avis Richter, Auditor of the City Ro e1i J. rkhoven, President of the Board of City of Valley City, Barnes County, Commissioners of the City of Valley City, N01ih Dakota Barnes County, North Dakota Introduction and First Reading: March 15, 2016 Second Reading, Final Passage, and Adoption: April 5, 2016 Adoption: Apiil 5, 2016 TITLE AND PENALTY CLAUSE ORDINANCE NO TITLE: ORDINANCE REPEALING AND AMENDING AND REENACTING CHAPTER 1, GENERAL PROVISIONS, OF THE REVISED ORDINANCES OF THE CITY OF VALLEY CITY, NORTH DAKOTA BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF VALLEY CITY, BARNES COUNTY, NORTH DAKOTA, PURSUANT TO THE HOME RULE CHARTER OF THE CITY OF VALLEY CITY, NORTH DAKOTA: PENALTY CLAUSES APPLICABLE TO ORDINANCE NO. 1004: Section 1-9. General penalty; continuing violations. 5

6 Whenever in these Revised Ordinances or in any ordinance of the City or in any rule or regulation promulgated pursuant thereto, any act is prohibited or is made or declared unlawful or an offense, or whenever in these Revised Ordinances or any ordinance or in any rule or regulation promulgated pursuant thereto the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, any person upon conviction for the violation of any such provision of these Revised Ordinances or any ordinance or any such rule or regulation shall be punished by a fine not exceeding one thousand five hundred dollars ($1500) or by imprisomnent not to exceed thi1ty (30) days, or by both such fine and imprisomnent, for each such offense. Each day any violation of any provision ofthese Revised Ordinances or of any ordinance or of any such rule or regulation shall continue shall constitute a separate offense. In the construction and interpretation of this section, the revocation of a license or permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced. Dated this 5th day ofapril, ~~~~Ltk_/ Avis Richter, Auditor ofthe City Valley City, Barnes County, N01th Dakota ven, Pre ident of the Board of City of Commission rs of the City of Valley City, Barnes County, N01th Dakota TITLE AND PENALTY CLAUSE PUBLISHED April_,