# Title 40 — Municipal Government

## Chapter 40-05 — Powers of Municipalities

### § 40-05-01. Powers of all municipalities.

The governing body of a municipality shall have the power:
1. Ordinances. To enact or adopt all such ordinances, resolutions, and regulations, not
repugnant to the constitution and laws of this state, as may be proper and necessary
to carry into effect the powers granted to such municipality or as the general welfare of
the municipality may require, and to repeal, alter, or amend the same. The governing
body of a municipality may adopt by ordinance the conditions, provisions, and terms of
a building code, a fire prevention code, a plumbing code, an electrical code, a sanitary
code, vehicle traffic code, or any other standard code which contains rules and
regulations printed as a code in book or pamphlet form by reference to such code or
portions thereof alone without setting forth in said ordinance the conditions, provisions,
limitations, and terms of such code. When all or part of any such code has been
incorporated by reference into any ordinance, it has the same force and effect as
though it had been spread at large in such ordinance without further or additional
posting or publication. A copy of such standard code or portion thereof shall be filed for
use and examination by the public in the office of the city auditor of such municipality
prior to adoption. The adoption of any such standard code by reference shall be
construed to incorporate such amendments thereto as may be made therein from time
to time, and such copy of such standard code so filed shall at all times be kept current
in the office of the city auditor of such municipality. The adoption of any such code or
codes heretofore by any municipality is hereby validated. Fines, penalties, and
forfeitures for the violation thereof may be provided within the limits specified in this
chapter notwithstanding that such offense may be punishable also as a public offense
under the laws of this state.
2. Finances and property. To control the finances, to make payment of its debts and
expenses, to contract debts and borrow money, to establish charges for any city or
other services, and to control the property of the corporation.
3. Appropriation. To appropriate money for corporate purposes only, and to provide for
the payment of debts and expenses of the corporation.
4. Tax levy. To levy and collect taxes on real and personal property for general and
special purposes.
5. Borrowing money. To borrow money on the credit of the corporation for corporation
purposes and to issue bonds therefor as limited and provided by title 21.
6. Refunding obligations. To issue bonds in place of or to supply means to meet maturing
bonds, or for the consolidation or funding of bonds or any floating indebtedness of the
municipality in the manner provided in title 21.
7. Certificates of indebtedness. To borrow money in anticipation of revenues to be
derived from taxes already levied as provided and limited in title 21.
8. Streets, sidewalks, and public grounds. To lay out, establish, open, alter, repair, clean,
widen, vacate, grade, pave, park, or otherwise improve and regulate the use of streets,
alleys, avenues, sidewalks, crossings, and public grounds, and to acquire, construct,
maintain, and operate parking lots and facilities for motor vehicles; to regulate or
prevent any practice having a tendency to annoy persons frequenting the same; and to
prevent and regulate obstructions and encroachments upon the same.
9. Powers relating to parks - Planting grass and trees - Powers respecting parks. To
regulate the planting of trees and grass on boulevards, berms, parks, parkways, and
public grounds, and to exercise the same powers as are granted to a board of park
commissioners respecting the parks of the municipality, if any, until the municipality
has been organized into a park district.
10. Lighting of public places. To provide for the lighting of streets, alleys, avenues, parks,
and public grounds.
11. Lights to inhabitants of city. To provide for the furnishing of lights to the inhabitants of
the city.

12. Gas and water mains - Sewers - Electric light and gas plants. To regulate the laying of
gas or water mains and pipes, and the building, laying, or repairing of sewers, tunnels,
and drains, and the erecting of gas and electric light plants. Any company or
association of persons organized for the purpose of manufacturing illuminating gas or
electricity to supply municipalities and the inhabitants thereof shall have authority,
subject to existing rights, with the consent of the governing body of the municipality, to
erect gas or electric light works and lay down pipes and string wires or poles in streets
or alleys subject to such regulations as the municipality may prescribe by ordinance.
13. Structures under sidewalks - Snow and obstructions. To regulate the use of all
structures under sidewalks and to require the owner or occupant of any premises to
keep the sidewalks in front of or along such premises free from snow or other
obstruction.
14. Streets - Cleanliness of and injury to. To regulate and prevent the throwing or
depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent
injury to, any street, avenue, alley, or public ground.
15. Curbs and gutters. To provide for and regulate curbs and gutters.
16. Advertising and obstructions in public places. To regulate and prevent the use of
streets, sidewalks, and public grounds for signs, signposts, awnings, telegraph and
telephone poles, posting handbills and advertisements, the exhibition or carrying of
banners, placards, advertisements, or handbills, and the flying of flags, banners, or
signs across the streets or from houses.
17. Traffic and sales in public places. To regulate traffic and sales upon the streets,
sidewalks, and public places.
18. Speed of vehicles and locomotives. To regulate the speed of vehicles and locomotives
within the corporate limits of the corporation, except that the speed limit for vehicles on
those streets designated as part of any state highway shall be determined by mutual
agreement with the director of the department of transportation.
19. Numbering lots. To regulate the numbering of houses and lots.
20. Naming streets. To name and change the name of any street, avenue, alley, or other
public place.
21. Railroad companies - Ditches and rights of way. To require railroad companies to
make, keep open, and repair ditches, drains, sewers, and culverts along and under
their tracks so that filthy and stagnant pools of water cannot stand on their grounds or
right of way and so that the natural or artificial drainage of adjacent property shall not
be impeded. To require railroad companies to fence their respective railroads or any
portion of the same and construct cattle guards and public roads and keep the same in
repair within the limits of the corporation.
22. Extending ways and pipes over railroad property. To extend by condemnation, subject
to chapter 32-15, or otherwise any street, alley, or highway over, under, or across, or to
construct or lay any sewer, water pipe, or main under or through, any railroad track,
right of way, or land of any railroad company within the corporate limits.
23. Culverts, drains, and cesspools. To construct and keep in repair culverts, drains,
sewers, catch basins, manholes, cesspools, vaults, cisterns, areas, and pumps within
the corporate limits.
24. Licenses. To fix the amount, terms, and manner of issuing and revoking licenses.
25. Plumbers and plumbing business. To adopt, by ordinance, if it has a system of
waterworks or sewerage, rules and regulations governing plumbing, drainage, and
ventilation of plumbing within the limits of the municipality. The standards provided for
in such ordinance, however, shall not be lower than the minimum standards provided
for in any state plumbing code adopted pursuant to chapter 43-18, but may be higher
than such standards. It may prescribe rules and regulations for all materials,
constructions, alteration and inspection of pipes, tanks, and fixtures by which water is
supplied to the citizens of the municipality, or by which waste or sewage is carried, and
may provide that such pipes, tanks, and fixtures shall not be placed in any building in
the municipality except in accordance with plans which are approved under the
provisions of said ordinance, and that no plumbing shall be done except by plumbers

registered and licensed under state law and under the ordinance, except by a property
owner on that person's own premises which are occupied as that person's home or
place of residence. The ordinance may provide that all work done by an owner upon
that person's own premises must comply with the provisions of the state plumbing
code or a local ordinance, whichever shall prescribe the highest standards. Before the
municipality may require a plumber to be licensed by the municipality, it shall provide
standards for plumbing in a municipality equal to or in excess of those provided by the
state plumbing code. A municipality may adopt the state plumbing code as a whole as
an ordinance of the municipality by reference without the necessity of publishing the
text therefor.
26. Transient business and amusements. To license, tax, regulate, remove, suppress, and
prohibit fortune-tellers, astrologers, and all persons practicing palmistry, clairvoyancy,
mesmerism, and spiritualism, hawkers, peddlers, pawnbrokers, theatricals and other
exhibitions, shows and amusements, ticket scalpers, and employment agencies, and
to revoke the license at pleasure, except that the provision in this subsection with
reference to hawkers and peddlers shall not apply to persons selling or offering for
sale the products raised or grown on land within this state.
27. Draymen, taxi drivers, porters, and others pursuing like occupations. To license, tax,
regulate, and prescribe the rates charged by draymen, parcel delivery men,
busdrivers, taxi drivers, porters, expressmen, watermen, and others pursuing like
occupations, and the operation of taxicabs. Provided, all motor vehicles used in
ridesharing arrangements, as defined in section 8-02-07, are not taxicabs.
28. Runners for stages and other things or persons. To license, regulate, tax, and restrain
runners for stages, buses, cars, public houses, or other things or persons.
29. Alcoholic beverages. To regulate the use and to regulate and license the sale of
alcoholic beverages subject to the provisions contained in title 5.
30. Bowling alleys, pool, billiards, theaters, and motion picture theaters. To license,
regulate, and tax bowling alleys, theaters, motion picture theaters, and pool or billiard
tables, or any other tables or implements kept or used for similar purposes in any
public place.
31. Markets, market houses, and slaughterhouses. To establish, purchase, erect, lease,
rent, manage, maintain, regulate, and provide for the use of markets and market
houses, municipal slaughterhouses, or abattoirs.
32. Dairy, meat, and food products - Inspection and regulation of sale. To provide for the
inspection of milk, cream, and butter sold within the limits of the municipality, and of
any dairy or dairy herd kept for the production of such milk, cream, and butter. To
prescribe the terms upon which sales of such milk, cream, and butter may be made
and to fix penalties for violations. To prescribe regulations for the slaughtering of
animals to be sold as meat. To prescribe generally sanitary and regulatory provisions
as applied to food products sold within the limits of the municipality and to prohibit the
sale of impure and diseased milk or other food products.
33. Public peace in municipality. To provide for keeping and preserving the peace and
quietude of the municipality, prevent disorderly conduct, prohibit public intoxication,
and prevent and suppress riots, affrays, disturbances, and disorderly assemblies in
any place.
34. Fire limits. To prescribe fire limits within which wooden buildings shall not be erected,
placed, or repaired without permission; provide that when a building within such limits
has been damaged by fire, decay, or otherwise to the extent of fifty percent of its
valuation, it shall be torn down and removed; prescribe the manner of ascertaining
such damage; provide for the removal of any structure or building erected contrary to
the prescribed rules; declare each day's continuance of such building or structure a
separate offense and to prescribe the penalties therefor; and define fireproof material.
35. Fire hazards. To prevent and provide for remedying any dangerous construction or
condition of any building, enclosure, or manufactory, or any equipment used therein;
regulate and prevent the carrying on of manufactories creating a fire hazard; prevent a

deposit or keeping of ashes or refuse in unsafe places; and require all buildings and
places to be put and kept in a safe condition.
36. Waterworks system. To purchase, acquire by eminent domain in accordance with
chapter 32-15, erect, lease, rent, manage, and maintain any system of waterworks,
well reservoirs, pipes, machinery, buildings, and all other property comprising a
waterworks system, such as hydrants, supply of water, fire stations, fire signals, fire
engines, or fire apparatus that may be of use in the prevention and extinguishment of
fires, and to fix and regulate the rates, use, and sale of water.
37. Fire equipment - Use beyond municipal limits. To use its fire department to attend to
fires and render assistance to other municipalities within or without this state, or to
private property, including farm buildings located outside the city limits, and the fire
department, its members, and apparatus, when engaged outside the limits of the
municipality, shall be deemed to be engaged in the performance of a public duty as
fully as if serving within the limits of the municipality.
38. Storage of combustible material - Use of fireworks and open flame lights. To regulate
and prohibit the storage of combustible or explosive material, the use of open flame
lights, the building of bonfires, and the use or sale of firecrackers and fireworks.
39. Lumberyards. To regulate or prohibit the keeping of any lumberyard and the keeping or
selling of any lumber or other combustible material within the fire limits.
40. Steam boilers. To provide for the inspection of steam boilers.
41. Jails. To establish, maintain, and regulate a jail and, with the consent of the board of
county commissioners, to use the county jail for the confinement of persons charged
with or convicted of the violation of any ordinance.
42. Cruelty to animals. To prohibit and punish cruelty to animals.
43. Vagrants and prostitutes. To restrain and punish vagrants, mendicants, and prostitutes.
44. Nuisances. To declare what shall constitute a nuisance and to prevent, abate, and
remove the same.
45. Health regulations. To make regulations necessary or expedient for the promotion of
health or for the suppression of disease.
46. Cemeteries. To establish, maintain, and regulate cemeteries within or without the
municipality, acquire land therefor by purchase or otherwise, and cause cemeteries to
be removed, and to prohibit the establishment thereof within, or within one mile [1.61
kilometers] of, the corporate limits.
47. Animals and poultry. To regulate or prohibit the running at large of animals and poultry,
provide for the establishment and maintenance of public pounds for the impounding of
any animals or poultry running at large or tethered in any street in violation of
municipal ordinances, establish procedures for the impounding and discharging of
animals and poultry impounded, make the expenses and fines imposed a lien upon
such stock or poultry, and provide for the sale of the stock or poultry to satisfy such
lien.
48. Packinghouses and other offensive businesses. To control the location and regulate
the management and construction of packinghouses, renderies, bone and soap
factories, slaughterhouses, livery stables, and blacksmith shops, and to prohibit any
offensive or unwholesome business within, or within one mile [1.61 kilometers] of, the
corporate limits.
49. Unwholesome or nauseous places. To compel the owner of any cellar, stable, pigsty,
privy, sewer, or other unwholesome or nauseous thing or place to cleanse, abate, or
remove the same, and to regulate the location thereof.
50. Public buildings. To construct, operate, and maintain all public buildings necessary for
the use of the municipality.
51. Auctioneers, brokers, lumberyards, and public scales. To license, tax, and regulate
auctioneers, brokers, lumberyards, and public scales.
52. Supplies. To provide that supplies needed for the use of the city be furnished by
contract let to the lowest responsible bidder, except the city may contract for
cooperative purchases pursuant to a joint-powers agreement under chapter 54-40.3.

This section does not apply to construction of public improvement as defined in
chapter 48-01.2.
53. Secondhand and junk stores. To license, tax, and regulate secondhand and junk
stores and to forbid and punish the purchase and receipt by them from minors of any
articles without the written consent of their parents or guardians.
54. Insure public property. To insure the public property of the municipality.
55. Real and personal property. To acquire by lease, purchase, gift, condemnation, or
other lawful means and to hold in its corporate name for use and control as provided
by law, both real and personal property and easements and rights of way within or
without the corporate limits or outside this state for all purposes authorized by law or
necessary to the exercise of any power granted.
56. Transfer property. To convey, sell, dispose of, or lease personal and real property of
the municipality as provided by this title.
57. Franchises. To grant franchises or privileges to persons, associations, corporations, or
limited liability companies, any such franchise, except when given to a railroad
company, to extend for a period of not to exceed twenty years, and to regulate the use
of the same, franchises granted pursuant to the provisions of this title not to be
exclusive or irrevocable but subject to the regulatory powers of the governing body.
58. Airports. To acquire, establish, construct, expand, own, lease, control, equip, improve,
maintain, operate, regulate, and police airports and landing fields within or without the
geographic limits of the municipality as provided in title 2.
59. Public works project. To accept aid from, cooperate and contract with, and to comply
with and meet the requirements of any federal or state agency for the establishment,
construction, and maintenance of public works, including dams and reservoirs for
municipal water supply, for water conservation, flood control, prevention of stream
pollution, or sewage disposal. In furtherance thereof to acquire by purchase, lease,
gift, or condemnation the necessary lands, rights of way, and easements for such
projects, and to transfer and convey to the state or federal government, or any agency
thereof, such lands, rights of way, and easements in consideration of the
establishment and construction of, and the public benefits which will be derived from
any such project. To enter into an agreement with any such government, agency, or
municipality within or without this state, to hold such government, agency, or
municipality harmless from any and all liability or claim of liability arising from the
establishment, construction, and maintenance of such works, and to indemnify such
government, agency, or municipality for any such liability sustained by it and to pay all
costs of defending against any such claim. In furtherance thereof to acquire by
purchase, lease, gift, or, subject to chapter 32-15, condemnation, the necessary lands,
rights of way, and easements for such projects, and to transfer and convey to such
government, agency, or municipality, such lands, rights of way, and easements in
consideration of the establishment and construction of, and the public benefits which
will be derived from any such project, or to pay the cost of the acquisition of such
lands, rights of way, and easements by such government, agency, or municipality. All
actions herein authorized may be taken by resolution duly adopted by the governing
body of the municipality. Any and all actions and proceedings heretofore taken by any
municipality which are within the authority granted by this subsection are hereby
legalized and validated.
60. Special improvement assessments - Satisfaction. To make assessments as limited by
the laws of this state for local improvements on property adjoining or benefited thereby,
to collect the same in the manner provided by law, and to satisfy the tax lien on lands
subject to special assessments.
61. Public water supply. To prevent the pollution of or injury to any water supply belonging
to the municipality or any public water supply within, or within one mile
[1.61 kilometers] of, the limits of the municipality.
62. Band. To levy a tax as provided in this title for the purpose of providing a fund for the
maintenance or employment of a band for municipal purposes.

63. Radio reception. To regulate the installation and operation of motors and other
electrical or mechanical devices so as to prevent interference with radio reception.
64. Municipal plants. To sell, convey, and dispose of the plant or equipment of any public
utility owned by the municipality and to contract for the leasing or operation of such
plant, equipment, or utility by others, and to grant to the lessee or operator under such
a contract the right to purchase such plant, equipment, or utility upon such terms and
conditions as may be expressed in the contract, after authorization as provided by this
title.
65. Public dances. To license, tax, and regulate public dances or public dancehalls.
66. Light and power plants and gas transmission or distribution systems. To purchase,
acquire by eminent domain in accordance with chapter 32-15, erect, lease, rent,
manage, and maintain electric light and power plants, gasworks, steam heating plants
and appurtenances for distribution, and to regulate and fix the rates to its patrons and
to jointly, with other municipalities, acquire by eminent domain, erect, construct, lease,
rent, manage, and maintain any artificial or natural gas transmission or distribution
lines or plants.
67. Flood control projects, including floodplain management as provided under section
### § 40-05-27. To acquire, construct, maintain, operate, finance, and control flood control

projects, both within and adjacent to such municipality, and for such purpose to acquire
the necessary real property and easements therefor by purchase and eminent domain,
in accordance with chapter 32-15, and to adopt such ordinances as may reasonably
be required to regulate the same.
68. Public restrooms. To acquire, construct, maintain, operate, finance, and control public
restrooms and facilities within such municipality, and for such purpose to acquire the
necessary real property therefor by purchase and eminent domain, in accordance with
chapter 32-15, and to adopt such ordinances as may reasonably be required to
regulate the same.
69. Employee pension system. To adopt, by ordinance, a city employee pension system
that may provide all rules and regulations governing its operation and discontinuance,
provided other pension systems allowed by statute are not in effect, excepting
firefighters relief associations and federal social security, or in order to consolidate
existing pension plans. In addition to all other rules and regulations deemed necessary
and proper by the governing body, it may provide as to matters pertaining to
membership, tax levies in an amount not exceeding the total levies authorized by
chapters 40-45 and 40-46, membership fees and assessments, management,
investments, acceptance of money and property, retirement conditions and payment
amount, continuance of system and discontinuance procedures, discontinuance
payments, entrance into contracts with an insurance firm or firms for coverage of the
employee pension system.
70. Television towers. To construct and maintain relay and booster towers for the improved
reception of educational and entertainment television programs.
71. Contracts. To contract and be contracted with.
72. Community development block grant program. To loan or grant money to and secure a
mortgage from individuals, associations, corporations, or limited liability companies
and to purchase ownership shares or membership interests in corporations, limited
liability companies, or other business associations as provided through the procedures
established by the state's community development block grant program established
pursuant to the Housing and Community Development Act of 1974 [Pub. L. 93-383;
88 Stat. 633; 42 U.S.C. 5301 et seq.]. This power applies to all community
development block grant transactions of the governing body, including any
transactions prior to July 1, 1987. A city is not lending its funds or extending its credit
to any individual, association, or organization under this subsection and no general
liability on the part of the city is incurred.
73. Encouragement of arts. To, consistent with section 54-54-01, appropriate and disburse
city moneys and to accept and disburse moneys received from federal, state, county,
city, or private sources for the establishment, maintenance, or encouragement of arts

within the city. The authority of a city under this subsection is supplemental to the
authority provided in chapter 40-38.1.
74. To expend city funds for the purpose of participating in an organization of city
governments under section 40-01-23.
75. To participate and enact or adopt ordinances necessary for participation in the nation's
historic preservation program as a certified local government, as provided for under
36 CFR 61.5.
76. Lease of waterworks or sewage systems. To lease, for a term not to exceed
ninety-nine years, the plant or equipment of any waterworks, mains, or water
distribution system and any property related thereto pursuant to subsection 5 of
section 40-33-01 or to lease, for a term not to exceed ninety-nine years, any sewage
system and all related property for the collection, treatment, purification, and disposal
in a sanitary manner of sewage pursuant to section 40-34-19.
77. Appointed board budgets. To require that financial records, including all revenues,
expenditures, fund balances, and complete budgets, be submitted to the governing
body of the municipality at a time and in a format requested by that governing body by
all boards, authorities, committees, and commissions with members appointed by the
governing body before the governing body's approval of the budget and tax levy.
78. To expend city funds as a donation for a capital improvement project to a nonprofit
health care facility within the city.
### § 40-05-01.1. Assessment of costs of work done necessary for the general welfare.

Whenever it becomes necessary for the general welfare, public health, fire protection, or
public safety to order an owner or occupant of property to do certain work provided for by
ordinance, and such owner or occupant refuses to conduct or comply with such order, the work
may be done by the municipality and the owner or occupant of such property billed for the same
by the municipality, or whenever a municipality for the general welfare, public health, fire
protection, or public safety establishes by ordinance and maintains and operates a garbage and
rubbish collection and removal system, the cost of such service may be charged to the owner or
occupant of the property served. If such bill is not paid when due, the amount thereof may be
assessed against the premises on which such work is done, or for which the service is
rendered, and collected and returned in the same manner as other municipal taxes are
assessed, certified, collected, and returned. This section shall not be construed to limit or affect
in any manner any methods which now or in the future may be used for the collection of costs
incurred by the municipality for the purposes set forth in this section, but the remedies provided
for herein shall be in addition to such methods.
### § 40-05-01.2. Remedies additional and not restrictive.

Repealed by omission from this code.
### § 40-05-01.3. City traffic ordinances to apply to streets within mobile home parks.

Every city ordinance regulating the operation or equipment of motor vehicles or regulating
traffic shall apply to the private ways, streets, lanes, and alleys of mobile home parks, trailer
parks, and campgrounds containing five or more lots for occupancy by mobile homes, travel
trailers, or tents.
### § 40-05-02. Additional powers of city council and board of city commissioners.

The city council in a city operating under the council form of government and the board of
city commissioners in a city operating under the commission system of government, in addition
to the powers possessed by all municipalities, shall have power:
1. Street railway and railway tracks. To permit, regulate, or prohibit the locating,
constructing, or laying of railway or street railway tracks in any street, alley, or public
place, and any permission given to a street railway may not be for a longer period than
fifty years.
2. Sale of milk. To license the sale of milk.

3. Lumber, wood, coal, hay, and merchandise - Municipal scales. To regulate the
inspecting, weighing, and measuring of lumber, firewood, coal, hay, and other articles
of merchandise; establish or purchase one or more city scales and to require dealers
in hay, coal, firewood, or any other commodity, which, in the judgment of the governing
body, should be weighed upon the city scales, to use such scales in the sale of such
commodity; and charge a reasonable fee for the use of such scales.
4. Fences and party walls. To regulate partition fences and party walls.
5. Jail, house of correction, workhouse. To establish, maintain, and regulate a city jail,
house of correction, and workhouse for the confinement and reformation of disorderly
persons convicted of violating any city ordinance and to appoint necessary jailers and
keepers.
6. Building permits. To provide by ordinance and to fix the fees for the issuance of
building permits.
7. Building construction - Fire escapes. To prescribe the manner of constructing
buildings, structures, and the walls thereof, require and regulate the construction of fire
escapes on buildings, and provide for the inspection of all buildings within the limits of
the municipality and for the appointment of a building inspector.
8. Bridges, viaducts, tunnels, and overhead pedestrian bridges. To construct, keep in
repair, and regulate the use of bridges, viaducts, overhead pedestrian bridges, and
tunnels.
9. Police. To regulate the police of the municipality and to pass and enforce all necessary
police ordinances.
10. Hospitals and medical dispensaries. To establish, control, and regulate hospitals and
medical dispensaries.
11. Census. To provide for the taking of a census of the city, but no city census may be
taken more often than once in every three years.
12. Redistricting city. To redistrict the city into wards and to prescribe the boundaries
thereof.
13. Zoning. To adopt a zoning ordinance as provided in this title; regulate the location of
junk shops, coalyards, garages, machine shops, power laundries, hospitals, and
undertaking establishments; and establish building lines fixing the distance from the
property line at which buildings may be erected.
14. Traffic regulation. To regulate, control, or restrict within designated zones, or
congested traffic districts, except that the speed limit for vehicles on those streets
designated as part of any state highway must be as determined by mutual agreement
with the director of the department of transportation, the use of streets, alleys, or other
public ways by various classes of traffic.
15. Driving while intoxicated. To prohibit by ordinance the operation of any motor vehicle or
other conveyance upon the streets, alleys, or other public or private areas to which the
public has a right of access for vehicular use within the city by any person under the
influence of intoxicating liquor or a controlled substance.
16. Tourist camps. To license, regulate, and fix the location of any public or private tourist
camp within the city.
17. Water supply. To withdraw from any stream, watercourse, or body of water within or
without a city, or within or without, or bordering upon, this state, a supply of water
reasonably sufficient for the needs of the inhabitants of the city, and to supply the
facilities for the storage of water for all other necessary municipal purposes.
18. Dams for municipal water purposes. To erect dams upon or across streams,
watercourses, or bodies of water within or without, or bordering upon, the boundaries
of this state, and to improve, alter, or protect the bed, banks, or course thereof.
19. Water supply - Acquire necessary property. To acquire by gift, grant, lease, easement,
purchase, or, subject to chapter 32-15, by eminent domain, and to own, operate,
maintain, and improve, all lands, structures, power plants, public works, and personal
property, whether within or without this state, necessary for the maintenance and
conservation of its water supply.

20. Abandoned or unclaimed personal property. To provide by ordinance for the taking,
storage, and disposal of any personal property abandoned or left unclaimed upon the
streets, alleys, or other public ways of the city for a period exceeding ten days, and,
after holding such property for a period of not less than sixty days, to sell the same at
public sale after a notice published or posted at least ten days before the sale, and at
such place, and in such manner as may be provided by ordinance. Upon the sale of
the property, the city shall convey to the purchaser a merchantable title by a bill of
sale. At any time within six months after the sale, the owner of the property, upon
written application, is entitled to receive the proceeds of the sale from the city, less the
necessary expense of taking, storing, and selling the property. The owner of the
property may reclaim it at any time prior to the sale upon payment of the necessary
expense of taking and storing.
21. Auditoriums and public buildings. To take charge of a fully completed auditorium or
other property originally purchased or acquired for public use by public subscription,
donation, sale of stock, or otherwise, if such auditorium or other property has been
abandoned or lost by the original owner or owners, their successors or assigns, and to
operate, maintain, repair, and keep such property for public use. In the ownership,
management, use, or operation thereof, the city must be deemed to be exercising a
governmental function.
22. Dogs. To license dogs, and to regulate the keeping of dogs, including authorization for
their disposition or destruction in order to protect the health, safety, and general
welfare of the public provided, however, that license fees are waived in the case of an
assistance dog.
23. Substandard buildings or structures. The governing body of any city shall have the
authority to provide by ordinance for the demolition, repair, or removal of any building
or structure located within the limits of such city or other territory under its jurisdiction,
which creates a fire hazard, is dangerous to the safety of the occupants or persons
frequenting such premises, or is permitted by the owner to remain in a dilapidated
condition. Any such ordinance must provide for written notice to the owner of a hearing
by the governing body before final action is taken by such body. It must also provide a
reasonable time within which an appeal may be taken by the owner from any final
order entered by such governing body to a court of competent jurisdiction. The amount
of the cost of any demolition, repair, or removal of a building or structure constitutes a
lien against the real property from which the cost was incurred and the lien may be
foreclosed in judicial proceedings in the manner provided by law for loans secured by
liens on real property. If this amount is not adequate to cover the cost of demolition,
repair, or removal, the city has a lien for the amount of the additional costs on all real
property owned, or later acquired, by the owner in the city. If the city provides the
amount of the lien and the name of the owner, the county auditor shall enter on the tax
list the amount of the additional cost as a tax lien. The tax lien is enforceable by the
city in the same manner as a tax lien by a county. This subsection in no way limits or
restricts any authority which is now or may hereafter be vested in the state fire marshal
for the regulation or control of such buildings or structures.
24. Assault and battery. To prohibit by ordinance and prescribe the punishment for the
commission of assault and battery within the jurisdiction of the city.
25. Theft. To prohibit by ordinance and prescribe the punishment for the commission of
theft, as defined by chapter 12.1-23, within the jurisdiction of the city.
26. Peace bonds. To provide by ordinance for the issuance of peace bonds by the
municipal judge in accordance with the procedure in chapter 29-02.
27. Public transportation. To provide by ordinance for the purchase, acquisition, or
establishment, and operation of a public transportation system. In the alternative, to
provide for payments under a contract, approved by the governing body of the city,
with a private contractor, for the provision and operation of a public transportation
system within the city.

28. Traffic violation hearings. To enact an ordinance equivalent to section 39-06.1-04;
provided, that the penalty assessed may not exceed that authorized by section
40-05-06.
29. Marijuana possession. To prohibit by ordinance any person, except a person operating
a motor vehicle, from possessing not more than one ounce [28.35 grams] of
marijuana, as defined by section 19-03.1-01, within the jurisdiction of a city, and to
prescribe the punishment, provided the penalty assessed is subject to subsection 9 of
section 19-03.1-23.
30. Establishment of administrative boards. To establish administrative boards or
committees for the limited purpose of adjudicating a violation of a noncriminal city
ordinance or noncriminal city code. An administrative board or committee may impose
fines or other noncriminal penalties, including issuing orders of suspension and
revocation of a permit or license. A decision by an administrative board or committee is
subject to appeal to the governing body of the municipality.
### § 40-05-02.1. Parking privileges for handicapped.

Repealed by S.L. 1967, ch. 293, § 5.
### § 40-05-02.2. City may levy excise tax on nonprofit liquor dealers by ordinance.

1. Any city, through the enactment of an ordinance to such effect, may levy a local excise
tax, not in excess of fifty percent, upon the proceeds from gross sales of liquor, as
defined by subsection 6 of section 5-01-01, by any nonprofit corporation licensed by
the city to sell such liquor; provided, however, that no city may levy the tax herein
provided for unless such nonprofit corporation is the only person, firm, association,
corporation, or limited liability company within the corporate limits of such city licensed
to sell such liquor.
2. The city in levying the excise tax provided for in subsection 1 shall provide within the
levying enactment a method of computation, collection, and disposition of such tax
revenue, and a procedure whereby any person aggrieved by such procedure may
appeal to the governing body of the city. The right of appeal from a decision of the
governing body of such city to the district court of the district wherein such city is
located may not be restricted. An appeal taken under this section must be in
accordance with the procedure provided in section 28-34-01.
### § 40-05-03. Cities having population of fifteen thousand may provide for regulation and

inspection of food markets.
The governing body of any city having a population of fifteen thousand or more may enact
ordinances providing for the regulation and inspection of food markets, stores, and other places
where food intended for human consumption is sold at retail.
### § 40-05-04. Powers of village.

Repealed by S.L. 1967, ch. 323, § 285.
### § 40-05-05. Cities may contract for electrical energy or gas.

The governing body of any city may enter into a contract with any person, partnership,
association, corporation, limited liability company, or the United States or any department or
agency thereof to provide for:
1. The furnishing of electrical energy or gas to the inhabitants of the city and to the city
for all purposes; or
2. The sale to and the purchase by the city for a term of not to exceed ten years, of
electrical energy or gas required for city purposes.
The making and execution of any such contract must be authorized by a resolution of the
governing body adopted by a majority of the members thereof at a regularly assembled meeting
of such body. Nothing contained in this section shall deprive the public service commission of
any of its regulatory powers with reference to contract rates.

### § 40-05-06. City fines and penalties limited.

1. Except as provided in subsections 2 and 3, the fine or penalty for the violation of any
ordinance, resolution, or regulation of a city may not exceed one thousand five
hundred dollars, and the imprisonment may not exceed thirty days for one offense.
2. For every violation of a city ordinance that regulates the operation or equipment of a
motor vehicle or which regulates traffic, except those ordinances listed in section
39-06.1-05, a fee may be established, by ordinance, which may exceed, by up to one
hundred percent, the limit, for an equivalent category of violation, set forth in section
3. For every violation of a city ordinance enforcing the requirements of title 40, Code of
Federal Regulations, section 403 relating to publicly owned treatment works, or
prohibiting shoplifting, vandalism, criminal mischief, or malicious mischief, the penalty
may not exceed a fine of one thousand five hundred dollars, imprisonment for thirty
days, or both such fine and imprisonment.
4. This section does not prohibit the use of the sentencing alternatives, other than a fine
or imprisonment, provided by section 12.1-32-02 for the violation of a city ordinance,
nor does this section limit the use of deferred or suspended sentences under
subsections 3 and 4 of section 12.1-32-02.
### § 40-05-07. Village fines and penalties limited - Remission.

Repealed by S.L. 1967, ch. 323, § 285.
### § 40-05-08. Municipal licenses for sale of agricultural products limited - Exception.

No municipality shall impose any license fee or charge against the producer or grower of
any agricultural product grown or produced upon lands located in this state nor in any manner
limit or restrict the free sale thereof by such grower or producer. This provision, however, shall
not restrict the right of any municipality to utilize any power given to it to regulate, as reasonable
health measures, the inspection and sale of products intended for human consumption.
### § 40-05-09. Purchase of firefighting equipment - How paid - Limitations.

Upon a declaration by resolution duly passed that an emergency exists and that it is
desirable and necessary that firefighting apparatus and equipment be acquired for municipal
purposes, the governing body of any municipality may enter into a contract or contracts for the
purchase of such property. The purchase price of such property may be payable in annual
installments, but all moneys paid annually under any such contract shall be available and shall
be paid from the authorized tax levy of the municipality. Under this section, contracts may not be
entered into which will create aggregate future obligations of the municipality in an amount in
excess of one percent of the value of all taxable property within the municipality and such
contracts shall not be in excess of ten thousand dollars.
### § 40-05-09.1. Tax levy for fire department stations.

Repealed by S.L. 2015, ch. 439, § 104.
### § 40-05-09.2. Contracting for fire protection service.

Any city may contract with a nonprofit corporation for the provision of fire protection and
firefighting services if the nonprofit corporation has been in existence and has provided fire
protection and firefighting services to the contracting city for a period of not less than twenty
years.
The governing body of the city may provide funding from revenues derived from its general
fund levy authority for contracted fire protection services and may also expend moneys
otherwise available for the provision of such service.

### § 40-05-10. Municipalities to have powers of townships.

In addition to the powers conferred by this title, each incorporated municipality shall have
and shall exercise, within its limits and in the manner prescribed by law, the same powers as are
conferred upon townships by the laws of this state.
### § 40-05-11. Foreign city - Power to acquire by right of eminent domain, purchase, lease,

own, and hold real estate in this state - Liability.
Any city of another state situated within five miles [8.05 kilometers] of the boundary line of
this state may purchase, lease, own, and hold real estate in this state for waterworks or
sewerage purposes and may improve the land for municipal purposes in the same manner as a
city situated in this state, and may lease, let, or convey the land. Any city so situated may
acquire, by purchase, gift, devise, or, subject to chapter 32-15, condemnation, any property,
corporeal or incorporeal within this state, as may be necessary or convenient for the
construction and maintenance of an electric power transmission line, which electric power
transmission line has the function of connecting a municipal power plant, owned and operated
by that city, with distribution facilities owned by the government of the United States for
distributing electric power generated at Garrison Dam. Such foreign city is liable for all damages
growing out of or incident to the ownership, use, or occupation of any such real estate in this
state as if it were a municipality of this state.
### § 40-05-12. Foreign city - Power to sue and defend in courts of this state.

Any city of another state authorized by section 40-05-11 to own, lease, occupy, or hold real
estate in this state shall have the same right as a city of this state to sue by its corporate
authorities and in its corporate name in the courts of this state for the protection of any rights
acquired in real estate in this state and to defend actions in its corporate name relating to the
ownership, use, or occupation of real estate acquired.
### § 40-05-13. Foreign city - Power to convey realty - Regulations governing.

Any real estate in this state owned by a city situated in another state may be conveyed by a
warranty or quitclaim deed executed by and on behalf of such city in its corporate name by its
executive officer and city auditor. The deed, when so executed and when acknowledged by the
executive officer and city auditor for and on behalf of the city, before an officer competent to take
acknowledgments, shall be entitled to record.
### § 40-05-14. Agreements for construction and maintenance of streets between

municipalities and counties.
The governing body of any municipality of ten thousand population or less and the boards of
county commissioners of the several counties may enter into agreements for the construction
and maintenance of streets within such municipalities by the boards of county commissioners.
Said municipalities shall pay, on a reimbursable basis, such sums as are agreed upon.
### § 40-05-15. Unclaimed motor vehicles - When sale permitted - Bill of sale evidence of

title.
Repealed by S.L. 1973, ch. 319, § 15.
### § 40-05-16. Programs and activities for senior citizens - Expenditure of funds.

The governing body of any city is authorized to establish or maintain programs and activities
for senior citizens, including the expansion of existing senior citizen centers which will provide
recreational and other leisure-time activities, informational, health, welfare, counseling, and
referral services for senior citizens, and assist such persons in providing volunteer community or
civic services. The governing body is authorized to expend funds received from state, federal, or
private sources for the public purposes provided for in this section. No expenditure authorized
by this section shall be made to defray any expenses of any organization or agency until such
organization or agency is incorporated under the laws of this state as a nonprofit corporation
and has contracted with the governing body in regard to the manner in which such funds will be

expended and the services to be provided. An organization or agency and its program which
receives such funds shall be reviewed or approved annually by the governing body to determine
its eligibility to receive funds under the provisions of this section.
### § 40-05-17. City restriction of adult establishments - Definitions.

1. As used in this section, unless the context otherwise requires:
a. "Adult bookstore" means a bookstore having as a preponderance of its
publications, books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas as defined in this
subsection.
b. "Adult establishment" means either an adult bookstore, an adult motion picture
theater, an adult mini-motion picture theater, or a massage business, all as
defined in this subsection.
c. "Adult mini-motion picture theater" means an enclosed building with a capacity for
less than fifty persons used for presenting motion pictures, a preponderance of
which are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas
as defined in this subsection, for observation by patrons of the theater.
d. "Adult motion picture theater" means an enclosed building with a capacity of fifty
or more persons used for presenting motion pictures, a preponderance of which
are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas
as defined in this subsection, for observation by patrons of the theater.
e. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, by hand or mechanical device.
f. "Massage business" means any establishment or business wherein massage is
practiced, including establishments commonly known as health clubs, physical
culture studios, massage studios, or massage parlors.
g. "Sexually oriented devices" means without limitation any artificial or simulated
specified anatomical area or any other device or paraphernalia that is designed in
whole or in part for specified sexual activities.
h. "Specified anatomical areas" means:
(1) Less than completely and opaquely covered human genitals and pubic
regions, buttocks, or female breasts below a point immediately above the
top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
i. "Specified sexual activities" means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touchings of human genitals and pubic regions,
buttocks, or female breasts.
2. A determination of preponderance need not be based on whether or not a numerical
majority or plurality of the materials are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified sexual activities or
specified anatomical areas. When making a determination as to whether an
establishment displays, sells, distributes, or exhibits a preponderance of materials
which are so distinguished or characterized, the governing body or factfinder shall
consider the totality of the circumstances and may consider, among other factors
deemed relevant, any of the following:
a. Dominant theme of the establishment.
b. Total impression of the emphasis placed on such materials by the establishment.
c. Externalities of the establishment, including the manner of packaging or display
and advertising which demonstrates the dominant theme or emphasis being
placed on such materials by the establishment.

d. Obtrusive characteristics of the materials which tend to distract from and
dominate the other classes of materials.
e. Manner of display of the materials.
f. Advertising emphasis.
g. Whether the establishment prohibits minors from entering the premises or any
portion thereof.
3. The governing body of any city may, by ordinance, provide that:
a. No building, premises, structure, or other facility that contains any adult
establishment, as defined in subsection 1, shall contain any other kind of adult
establishment.
b. No building, premises, structure, or other facility in which sexually oriented
devices, as defined in subsection 1, are sold, distributed, exhibited, or contained
shall contain any adult establishment, as defined in subsection 1.
### § 40-05-18. Garbage removal - Number of contractors allowed.

In any city with a population of not less than five thousand persons, the governing body
shall, if permitted by ordinance or by law to allow more than one person or firm to contract with
commercial enterprises for the private collection or removal of garbage, allow all persons or
firms wishing to do so to enter into private garbage removal contracts with commercial
enterprises.
### § 40-05-19. City funding for animal shelters - Sterilization of animals.

The governing body of the city may provide funding from revenues derived from its general
fund levy authority for the construction, operation, or maintenance of animal shelters.
Voter-approved levy authority authorized by electors of a city under this section before
January 1, 2015, remains in effect through taxable year 2024 or for the time period authorized
by the electors, whichever expires first.
The levy authorized by this section may be used to defray expenses of any organization or
agency incorporated under the laws of this state as a nonprofit corporation that has contracted
with the governing body of the city in regard to the manner in which the funds will be expended
and the services will be provided. No unclaimed dog or cat may be released for adoption by an
animal shelter that receives funds from the levy under this section without being first sterilized,
or without a written agreement and deposit from the adopter guaranteeing that the animal will be
sterilized.
### § 40-05-20. Programs and activities for handicapped persons - Expenditure of funds.

The governing body of any city or park district may establish or maintain programs and
activities for handicapped persons, including recreational and other leisure-time activities and
informational, health, welfare, transportation, counseling, and referral services. The governing
body may provide funding from revenues derived from its general fund levy authority and may
expend funds received from state, federal, or private sources for the public purposes provided
for in this section. No expenditure may be made to defray any expenses of any organization or
agency until the organization or agency is incorporated under the laws of this state as a
nonprofit corporation and has contracted with the governing body in regard to the manner in
which the funds will be expended and the services will be provided. An organization or agency
that receives the funds must be reviewed or approved annually by the governing body to
determine its eligibility to receive funds under this section.
### § 40-05-21. Centennial coordinating committee.

Repealed by S.L. 2011, ch. 54, § 15.
### § 40-05-22. Golf carts on city streets.

The governing body of a city may allow by an ordinance the operation of golf carts on the
city streets. The ordinance may not allow a golf cart on federal, state, or county highways in the
city, except for the perpendicular crossing of these highways. The ordinance may not allow the

operation of a golf cart on city streets at night. Golf carts that are allowed to operate on the city
streets as the result of an ordinance are exempt from the title, registration, and equipment
provisions of title 39.
### § 40-05-23. Limitation on authority - Seed.

Notwithstanding any other law, a city may not impose any requirements or restrictions
pertaining to the registration, labeling, distribution, sale, handling, use, application,
transportation, or disposal of seed. This section does not apply to city zoning ordinances.
### § 40-05-24. Duties of cities granting property tax incentives.

1. Notwithstanding any other provision of law, before granting a property tax incentive on
any parcel of property that is anticipated to receive a property tax incentive for more
than five years, the governing body of a city shall send the chairman of each county
commission and the president of each school district affected by the property tax
incentive a letter, by certified mail, which provides notice of the terms of the proposed
property tax incentive.
2. Within thirty days from receipt of the letter, each affected county and school district
shall notify the city, in writing, whether the county or school district elects to participate
in granting the tax incentive on the county or school district portion of tax levied on the
property. The notification from a county or school district electing not to participate
must include a letter explaining any reason for which the entity elected not to
participate and whether the county or school district is willing to negotiate the terms of
the property tax incentive with the city.
3. If the city does not receive a response from an affected county or school district within
thirty days of delivery of the letter, the county and school district must be treated as
participating in the property tax incentive.
4. As used in this section:
a. "Negotiation" means the governing body of an affected county or school district
may negotiate the terms of participating in the tax incentive, including the duration
of the tax incentive and the taxable value selected for the base year for purposes
of computing tax increments.
b. "Property tax incentive" includes a tax increment finance district used to offset
public or private costs for urban renewal.
5. If an agreement is reached through negotiation under this section, the property tax
incentive must be applied in accordance with the agreement.
6. Property subject to a development agreement entered pursuant to section 40-58-20.1
before August 1, 2017, and all amendments to the development agreement, is not
subject to the requirements under this section. (Effective for property tax incentives
approved after July 31, 2017)
### § 40-05-25. Cooperative purchasing - Authorized.

With the approval of the board of city commissioners or the city council, a city may
participate in cooperative purchasing agreements with the state, or another political subdivision
of this state or any other state, by executing a joint-powers agreement under chapter 54-40.3.
This section does not apply to construction of a public improvement as defined in
chapter 48-01.2.
### § 40-05-26. Development by a foreign adversary - Prohibition.

Expired under S.L. 2023, ch. 109, § 5.
### § 40-05-27. Floodplain management ordinances - Requirements - Limitations -

Definitions - Enforcement.
1. As used in this chapter:
a. "Floodplain management" has the same meaning as in section 61-16.2-02.

b. "Floodplain management ordinance" has the same meaning as in section
61-16.2-02.
c. "Indian country" means:
(1) Land within the limits of any Indian reservation that is under the jurisdiction
of the United States government and located within this state,
notwithstanding the issuance of any patent, and, including rights of way
running through the reservation;
(2) Dependent Indian communities within this state whether within the original
or subsequently acquired territory of the state; and
(3) Indian allotments within this state, the Indian titles to which have not been
extinguished, including rights of way running through the allotted land.
2. The governing body of a city may exercise floodplain management authority under
chapter 61-16.2. If a governing body of a city undertakes floodplain management, the
governing body of a city shall enact a floodplain management ordinance over all
persons and property within the boundaries of the city's zoning jurisdiction as provided
under chapter 40-47 or within the exterior boundaries of Indian country.
3. Upon enactment of a floodplain management ordinance by a city under this section,
the city auditor shall forward the ordinance to the department of water resources for
inclusion in the central repository established under section 61-16.2-15.
4. The city auditor of a city exercising floodplain management authority shall certify to the
department of water resources by March thirty-first of each year that the city is
undertaking floodplain management activities under chapter 61-16.2.
5. A city exercising floodplain management authority is not required to activate its zoning
authority under chapter 40-47 before enacting a floodplain management ordinance.
6. In a city exercising floodplain management, the governing body of the city shall
enforce an ordinance or regulation enacted under this section. The governing body of
the city may impose enforcement duties on an officer, department, agency, or
employee of the city.
