ORDINANCE NO. 1025

AN ORDINANCE REPEALING AND REINACTING TITLE 12, NUISANCES AND PROPERTY MAINTENANCE, FOR 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Section 1: That Title 12, Milk and Milk Products, is hereby REPEALED and REINACTED to read as follows:

TITLE 12.

Nuisances and Property Maintenance

Chapter 16-01. General Provisions

Section 12-01-01 "Public Nuisance" Defined. Section 12-01-02 Power of Board of City Commissioners Generally. Section 12-01-03 Nuisances Prohibited. Section 12-01-04 Nuisances Enumerated-Affecting Health. Section 12-01-05 Nuisances Enumerated -Affecting Peace and Safety. Section 12-01-06 Duties to Report. Section 12-01-07 Abatement of nuisances.

Chapter 16-02. Property Maintenance.

Section 12-02-01 Definitions. Section 12-02-02 Storage of Junk, Junk Automobiles, Etc., Contrary to Public Health and Safety. Section 12-02-03 Unlawful to Store or Accumulate Junk, Junk Automobiles, Etc. Section 12-02-04 Unlawful to Dismantle Automobile Except on Business Premises. Section 12-02-05 Unlawful to Maintain Blighted Structures. Section 12-02-06 Unlawful to Store Building Materials Except on Business Premises. Section 12-02-07 Removal of Discontinued Business Identification. Section 12-02-08 Removal by Police Department. Section 12-02-09 Property Maintenance-Penalty Section 12-02-10 Assessment of Cost.

Chapter 16-03. Noises.

Section 12-03-01 Legislative Findings. Section 12-03-02 Unnecessary Noise Generally. Section 12-03-03 Noises Prohibited - Decibel provisions. Section 12-03-04 Noises Prohibited- Penalty. Section 12-03-05 Noises Prohibited-Additional Remedy, Injunction.

Chapter 16-04. Nuisances - Miscellaneous.

Section 12-04-01 Participation in Noisy Parties or Gatherings.

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Section 12-04-02 Barking dogs.

Chapter 16-05. Weeds, Grass, Unhealthful Growths or Other Noxious Matter.

Section 12-05-01 Weeds, Grass, Unhealthful Growths or Other Noxious Matter Prohibited. Section 12-05-02 Notice to Cut, Destroy, or Remove Section 12-05-03 Action Upon Noncompliance - Cost Assessed to Property. Section 12-05-04 Exception Section 12-05-05 Weeds, Grass, Unhealthful Growths, or Other Noxious Matter - Penalty.

Chapter 16-06. Severability.

Section 12-06-01 Severability

Chapter 12-1. General Provisions.

Section 12-01-01. "Public Nuisance" Defined.

A public nuisance is a thing, act, failure to act, occupation, or use ofproperty which: 1. Annoys, injures, or endangers the safety, health, comfort, or repose of any considerable number of

persons; 2. Offends public decency; 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage of a

lake, navigable river, bay, stream, canal, basin, public park, square, street, alley or highway; or 4. In any way renders a considerable number ofpersons insecure in life, or in use of their property.

Section 12-01-02. Power of Board of City Commissioners Generally.

Nothing in this chapter should be construed as abrogating the power of the city commission to declare what constitutes a nuisance nor to provide means for its abatement.

Section 12-01-03. Nuisances Prohibited.

An owner or occupant of any lot or tenement may not cause or permit any nuisance to be or remain in or upon any lot or tenement or between any lot or tenement and the center of the adjoining street.

Section 12-01-04. Nuisances enumerated-Affecting Health.

The following are public nuisances affecting health: 1. Decayed or unwholesome food offered for sale to the public. 2. Ponds, pools of water, or vessels holding stagnant water in which mosquitoes can breed. 3. Carcasses of animals not buried or otherwise disposed of in a sanitary manner within twenty-four

(24) hours after death. 4. Accumulations of manure, tin cans, boxes, decayed animal matter, decayed vegetable matter, or

rubbish which may be breeding place for flies, mosquitoes or vermin. 5. Privy vaults and garbage cans which may not be flytight. 6. Causing public wells or cistern, stream, lake, canal, or body of water to be polluted by means of

sewage, creamery or industrial wastes, or other substances. 7. Noxious weeds and other rank growths of vegetation upon public or private property.

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8. Dense smoke, noxious fumes, gas, soot, or cinders in such quantities as to render the occupancy ofproperty uncomfortable to a person of ordinary sensibilities.

9. Public exposure of persons having contagious diseases, where the health of others could be unreasonably jeopardized.

10. The use ofcommon public drinking cup or roller towel. 11. The distribution of samples of medicines, or drugs unless samples are placed in the hands of an

adult person. 12. Any other acts, omissions, or occupations and uses of property, which could be a menace to the

public health.

Section 12-01-05. Nuisances Enumerated -Affecting Peace and Safety.

The following are public nuisances affecting public peace and safety: 1. Any snow and ice not removed from public sidewalks within the time required by ordinance. 2. Any trees, hedges, billboards, or other obstructions, which prevent persons driving vehicles from

having a clear view of traffic approaching the intersection from cross streets, for one hundred (100) feet along the cross streets measured from the property line.

3. All limbs of trees which project over a public sidewalk or street, and which are less than eight (8) feet above the surface of such public sidewalk, and fifteen (15) feet above the surface of such street.

4. Any wires over streets, alleys, or public grounds, which are strung less than fifteen (15) feet above the surface of the ground.

5. Any buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and which are so situated as to endanger the safety of the public.

6. Any explosives, inflammable liquids, or other dangerous substances stored in any manner or in any amount other than that provided by ordinance or law.

7. Any pile(s) or stack(s) of hay, straw, forage, or other feed for animals, except as are stacked, situated or located as permitted by ordinance or law.

8. Any use or display of fireworks, except as provided by ordinance or law. 9. Any loud or unusual noises or annoying vibration, which offend the peace and quiet of persons of

ordinary sensibilities. 10. Any building or alterations to buildings made or erected within the fire limits as established by

ordinance or in violation of the ordinance concerning manner and material of construction. 11. Obstructions or excavations affecting the ordinary use of the public of streets, alley and

sidewalks, or public grounds, except under such conditions as are provided by ordinance. 12. Any use of the public streets or sidewalks that causes large crowds of people to gather, obstructs

traffic, or interferes with the free use of the streets or sidewalks. 13. Any hanging signs, awnings, or other structures over the streets or sidewalks, so situated or

constructed as to endanger public safety. 14. The allowing of rain, ice, or snow to fall in unreasonable amounts from any building or structure

upon any street or sidewalk, or to flow across any sidewalk. 15. Any dangerous, unguarded machinery in any public place or so situated or operated on private

property as to attract the public. 16. The distribution of handbills, except as provided by ordinance. 17. Any animals running at large.

Section 12-01-06. Duties to Report.

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It is the duty of the chief of police, and of each police officer in the city to report to the City-County Health District the existence of any nuisance affecting health in the city. It shall be the further duty of the chief of police, and of every police officer in the city to serve all notices required by the City­County Health District, and to perform such other acts relative to the same according to any general or special regulations prescribed relative thereto.

Section 12-01-07. Abatement of Nuisances.

In any case in which the City deems it necessary for the protection of the health of the City to abate or to remove any nuisance, source of filth, or cause of sickness, found on private property, it will cause notice to be served on the owner or occupant thereof, requiring the owner or occupant to remove the nuisance, source of filth, or cause of sickness, at the owner's or occupant's expense, within a reasonable time, but not less than twenty-four (24) hours. If the owner or occupant refuses or neglects to comply with the notice, or if the nuisance, source of filth, or cause of sickness, exists on the property of nonresident owners, or upon property the owners that cannot be found, the City may remove the nuisance, source of filth, or cause of sickness, at the expense of the City.

Chapter 12-2. Property Maintenance

Section 12-02-01. Definitions.

The following words, terms, and phrases, and their derivations, have the following meanings except where the context clearly indicates a different meaning:

1. "Junk" means parts of machinery or motor vehicles, unused furniture, stoves, refrigerators, or other appliances, remnants of wood, metal, or any other castoff material of any kind, whether or not it could be put to any reasonable use.

2. "Junk automobile" means any motor vehicle that is not licensed for use upon the highways of the state ofNorth Dakota for a period in excess of fifteen ( 15) days, and includes, whether licensed or not, any motor vehicle that is inoperative for any reason for a period in excess of fifteen (15) days, except unlicensed but operative vehicles that are kept as the stock in trade of a regularly licensed and established new or used automobile dealer.

3. "Abandoned vehicle" means any vehicle which has remained on private property for a period of forty-eight ( 48) continuous hours, or more, without the consent of the owner or occupant of the property, or for a period of forty-eight ( 48) continuous hours or more after the consent of the owner or occupant has been revoked.

4. "Blighted structure" means any dwelling, garage, or outbuilding, or any factory, shop, store, warehouse, or any other structure or part of a structure that because of fire, wind, or other natural disaster, or physical deterioration, is no longer habitable as a dwelling or useful for the purpose for which it may have been used or intended.

5. "Building materials" includes lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.

6. "Person" means all natural persons, firms, co-partnerships, corporations, and all associations of natural persons, incorporated or unincorporated, whether acting by themselves, or by a servant, agent, or employee. Any persons who violate any of the provisions of this ordinance whether as

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owner, occupant, lessee, agent, servant, or employee will, except as otherwise provided, be equally liable as principals.

7. "Trash and rubbish" means any form of debris not otherwise classified.

Section 12-02-02. Storage of Junk, Junk Automobiles, Etc., Contrary to Public Health Safety.

The storage or accumulation of trash, rubbish, junk, junk automobiles, abandoned vehicles, or building materials, or the maintenance of any blighted structure, upon any private property within the city, tends to result in blighted and deteriorated neighborhoods, increased criminal activity, the spread of vermin and disease, and is therefore contrary to the public peace, health, safety and general welfare of the community.

Section 12-02-03. Unlawful to Store or Accumulate Junk, Junk Automobiles, Etc.

It is unlawful for any person to store, or permit to be stored, the accumulation of trash, rubbish, junk, junk automobiles, or abandoned vehicles, on any private property in the City except within a completely enclosed building or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in used auto parts, dealer in second hand goods or junk gatherer.

Section 12-02-04. Unlawful to Dismantle Automobile Except on Business Premises.

It is unlawful for any person to dismantle, cut up, remove parts from, or otherwise disassemble any automobile, whether or not it is a junk automobile, an abandoned vehicle, or otherwise, or any appliance or machinery, except in a completely enclosed building, or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in used auto parts, dealer in second hand goods or junk gatherer.

Section 12-02-05. Unlawful to Maintain Blighted Structures.

1. It is unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store, or warehouse unless it is kept securely locked, the windows kept glazed or neatly boarded up and otherwise protected to prevent entrance by unauthorized persons, or unless such structure is in the course of construction in accordance with a valid building permit issued by the city, and unless such construction is completed within a reasonable time.

2. It is unlawful for any person to park any vehicle in the front yard of their residence, unless the front yard has an impervious surface. The front yard is that portion of the yard of a residence located along the street from which the house derives its address.

Section 12-02-06. Unlawful to Store Building Materials, Except on Business Premises.

It is unlawful for any person to store or permit the storage or accumulation of building materials on any private property, except in a completely enclosed building or except where the building materials are part of the stock in trade of a business located in the property, or except when the materials are being used in the construction of a structure on the property in accordance with a

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valid building permit issued by the City and unless the construction is completed within a reasonable time.

Section 12-02-07. Removal of Discontinued Business Identification.

It is unlawful for the owner or tenant of property to allow any advertising, signs, or other identification of a discontinued or closed business or trade to remain upon the premises, or to remain elsewhere within the city limits more than thirty (30) days after a business is discontinued or closed.

Section 12-02-08. Removal by Police Department.

The Police Department may remove or cause to be removed any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts ofjunk or abandoned vehicles, or discontinued business identification, from any private property after having notified in writing the owner or occupant of such property of its intention to do so at least forty-eight ( 48) hours prior to the removal. The notice will be served personally upon the owner or occupant of the property if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. The removal must occur within not less than forty-eight ( 48) hours nor more than thirty (30) days after the service or posting of the notice. Any trash, rubbish, junk, building materials, junk automobiles, abandoned vehicles or parts ofjunk or abandoned vehicles, or discontinued business identification, will be removed and disposed of in accordance with the law. The removal by the police department does not excuse or relieve any person of the obligations imposed by this ordinance.

Section 12-02-09. Property Maintenance-Penalty.

Any violation of Chapter 12-2, Property Maintenance, is a Class B Misdemeanor and must include a fine of three-hundred dollars ($300). Each day a violation of this Chapter occurs maybe treated as a separate offense.

Section 12-02-10. Assessment of Cost.

Whenever an owner or occupant ofproperty has failed to comply with the notice and requirement to remove or cause to be removed any items referred to in this Title, and the city by its police department or other departments has removed those items, the owner or occupant of the property will be billed for the cost ofremoval by the municipality. If the payment is not made when due, it may be assessed against the premises on which the work was done, collected and returned in the same manner as other municipal taxes are assessed, certified, collected, and returned, in accordance with North Dakota Century Code section 45-05-01.1. The city reserves the right to seek a civil judgment against the owner or occupant for such costs.

Chapter 12-03. Noises.

Section 12-03-01. Legislative Findings.

1. The making, creation or maintenance of loud, unnecessary, unnatural, or unusual noises, which are prolonged, unusual, and unnatural in their time, place and use, affect or are a detriment to public

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health, comfort, convenience, safety, welfare, and prosperity of the residents of the City. 2. The provisions and prohibitions contained in this article are necessary and in the public interest. 3. The provisions and prohibitions of this article are in pursuance of and for the purpose of securing

and promoting the public health, comfort, convenience, safety, welfare, prosperity, and the peace and quiet of the city and its inhabitants.

Section 12-03-02. Unnecessary noise generally.

It is unlawful for any person to make any loud, unnecessary, or unusual noise, or any noise that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City.

Section 12-03-03. Definitions; Noises prohibited - Decibel provisions.

1. Definitions. The following words, terms, and phrases, and their derivations, have the following meanings except where the context clearly indicates a different meaning:

a. "Ambient noise" means the all-encompassing noise associated with a given environment, being usually composite of sounds from many sources, near and far.

b. A "band level" means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit measurement is the d.B(A) where dB is the abbreviation for decibel and dB(A) is a weighted decibel which closely approximates the human ear response to sound.

c. "Bel" means the common logarithmic value of any sound intensity as related to the standard threshold of audibility (minimum detectable sound 10-12 watts per square meter).

d. "Decibel" means one-tenth (1/10) of a bel as measured on the "A" scale of a standard sound meter using procedures recommended by the American Standards Association.

e. "Cycle" means the complete sequence of value of a periodic quantity that occurs during a period.

f. "Frequency of a function periodic in time" means the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified.

g. "Sound-level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner.

h. "Person" means a person, person's firm, association, copartnership, joint venture, corporation, or any entity public or private in nature.

1. "Emergency work" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

J. "Emergency vehicles" means vehicles such as ambulance, fire, police and other city vehicles operating in time of emergency.

2. Tests for Unlawful Noise. Factors that can be used in determining whether a violation of this chapter has occurred include, but are not limited to, the following:

a. the volume of the noise; b. the intensity of the noise; c. whether the nature of the noise is usual or unusual; d. whether the origin of the noise is natural or unnatural; e. the volume and intensity of the background noise, if any;

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f. the proximity of the noise to residential sleeping facilities; g. the nature and zoning of the arena with which the noise emanates; h. the density of inhabitation of the area within which the noise emanates; 1. the time of day or night when the noise occurs; j. the duration of the noise; k. whether the noise is recurrent, intermittent or constant; I. whether the noise is produced by a commercial or noncommercial activity.

3. It is unlawful to project a sound or noise, excluding noise emanating from a motor vehicle from one property into another, within the boundary of a zoning use district, that exceeds the limiting noise criteria set forth in Table I below:

a. Sound or noise projecting from one use district into another use district with a different noise level limit may not exceed the limits of the district into which the noise is projected.

b. The permissible levels in decibels set forth in Table I will be modified so that any noise occurring on property deemed to be nonconforming use property can be determined upon the conforming zoning designation of the property.

TABLE I. LIMITING NOISE LEVEL FOR ZONING DISTRICTS

Zoning District Residential (R-1 R-2 R-3 R-4

' ' ' ' PUD, O--Open Space)

Commercial (B-1, B-2)

Industrial (I-1, I-2)

Maximum number of decibels permitted from 7:00 a.m. until 1 :00 p.m. daily:

55 65 80

Maximum number of decibels permitted from 11:00 p.m. to 7:00 a.m. Friday evening through Sunday morning:

50 60 75

4. Motorized Vehicles. It is unlawful to operate a motorized vehicle within the city limits which creates a noise of sound which exceeds the noise level limits set out in Table II, as follows:

TABLE II. LIMITING NOISE LEVELS OF MOTOR VEHICLES

a. Trucks, buses, construction equipment, or any motor vehicle with a gross weight rating of ten thousand (10,000) pounds or more (except interstate motor carriers): Maximum allowable limit: 88 dB(A) measured at or corrected to twenty-five (25) feet.

b. Passenger cars, pickups, vans, motorcycles, snowmobiles, or any motor vehicle with a gross weight rating less than ten thousand (10,000) pounds: Maximum allowable limit: 80 d.B(A) measured at or corrected to twenty-five (25) feet.

c. Interstate motor carrier: Maximum allowable limit: 1. 92 dB(A) measured at or corrected to twenty-five (25) feet when traveling on

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roadways with speed limits of thirty-five (35) miles per hour or less. 11. 96 dB(A) measured at or corrected to twenty-five (25) feet when traveling on

roadways with speed limits ofmore than thirty-five (35) miles per hour.

5. Noises; Aircraft. It is unlawful for any person to operate or cause to be operated any type of aircraft over the city which produces noise levels exceeding 88 dB(A) within the city.

6. Exemptions. The following uses and activities are exempt from noise level regulations: a. Noises of safety signals, warning devices, and emergency relief valves. b. Noises resulting from any authorized emergency vehicles, when responding to an

emergency call or acting in time of an emergency. c. Noises resulting from emergency work as defined in section 12-03-03(l)(i). d. Any construction or maintenance activities. e. Any other noise resulting from temporary activities permitted by law, and for which a

license or permit has been granted by the City. f. Any aircraft operated in conformity with, or pursuant to, federal law, Federal Air

Regulations, and Air Traffic Control instruction used pursuant to and within the duly adopted Federal Air Regulations.

g. Any aircraft operating under technical difficulties, in any kind ofdistress, under emergency orders of Air Traffic Control or being operated pursuant to and subsequent to the declaration of an emergency under Federal Air Regulations.

7. Application for Special Permit. Applications for a permit for relief from the noise level designated in this section on the basis of undue hardship may be made to the city engineer or a duly authorized representative. Any permit granted by the city engineer will contain all conditions upon which the permit has been granted and will specify a reasonable time that the permit is to be effective. The city engineer, or a duly authorized representative, may grant the relief if he or she makes any of the following findings:

a. That additional time is necessary for the applicant to alter or modify the activity or operation to comply with this section; or

b. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and

c. That no other reasonable alternative is available to the applicant; and d. The city engineer may prescribe any conditions or requirements he or she deems necessary

to minimize adverse effects upon the community or the surrounding neighborhood.

Section 12-03-04. Noises prohibited - Manner of enforcement.

Any person violating any provision of this Title is guilty of a Class B Misdemeanor, unless another criminal penalty is specifically provided.

Section 12-03-05. Noises prohibited -Additional remedy, injunction.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision in this section, and which causes discomfort or annoyance to reasonable persons of normal sensitiveness, or which endangers the comfort, repose, health, or peace of residents is the area, is a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

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Chapter 12-4. Nuisances-Miscellaneous.

Section 12-04-01. Participation in noisy parties or gatherings.

1. No person may congregate because of, or participate in, any party or gathering of people, from which noise emanates of a sufficient volume or of such a nature as to disturb the peace, quiet, or repose of other persons, unless that person first obtains a special permit for the gathering.

2. A police officer may order any person present other than the owners or tenant(s) of the building or place to immediately disperse. Any person who refuses to leave after being ordered to do so is guilty of a violation of this section.

3. Any owner or tenant of the building or place, who has knowledge of the disturbance and fails to immediately abate the disturbance is guilty of a violation of this section.

Section 12-04-02. Barking dogs.

It is unlawful for any person owning, keeping, or harboring a dog, or in any manner in custody of a dog, to permit the dog to bark or make similar noises of sufficient volume or of such a nature as to disturb the peace, quiet, or repose of other persons.

Any person violating this section is guilty of a noncriminal violation and must include the following fines:

1. For an initial violation of this section a fine of $50 must be imposed. 2. For any subsequent violation of this section a fine of $100 must be imposed.

Chapter 12-5. Weeds, Grass, Unhealthful Growths or Other Noxious Matter

Section 12-05-01. Weeds, Grass, Unhealthful Growths, or Other Noxious Matter; Prohibited.

No owner, occupant, or owner's/occupant's agent, may permit upon his or her lot, place or area, or upon any sidewalk abutting the lot, place, or area, any weeds, grass exceeding six ( 6) inches in length, unhealthful growths or other noxious matter that may be growing, lying, or located thereon.

Section 12-05-02. Notice to Cut, Destroy, or Remove.

The city administrator is authorized and empowered to notify in writing the owner, occupant, or owner's/occupant's agent, of any lot, place, or area within the city, to cut, destroy, and/or remove any weeds, or grass exceeding six ( 6) inches in length, or any unhealthful growths or other noxious matter, found growing, lying or located on their property or upon the sidewalk abutting the property.

Section 12-05-03. Action Upon Noncompliance - Cost Assessed to Property.

Upon the failure, neglect, or refusal of any owner, occupant, or owner's/occupant's agent, notified under Section 12-05-02, within five (5) days after receipt of the written notice, the city administrator is authorized and empowered to arrange for and pay for the cutting, destroying, or removal of the weeds or grass exceeding six (6) inches in length, or unhealthful growths or other noxious matter. The owner, occupant, or owner's/occupant's agent, of the property may be billed for the cost of abatement by the city, and if the payment is not made when due, it may be assessed against the premises where the work is done and collected and returned in the same manner as other municipal taxes are assessed, certified,

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collected and returned, as authorized by North Dakota Century Code section 45-05-01.1.

Section 12-05-04. Exception.

This ordinance does not apply to any lot, place, or area within the city approved by the city for planting of native grasses, wildflowers, or other natural growths.

Section 12-05-05. Weeds, Grass, Unhealthful Growths, or Other Noxious Matter - Penalty.

Any person who fails to comply with a notice issued under this chapter is guilty of a non-criminal offense, subject to a fine of $75 for each offense, and each day that a person fails to comply may be treated as a separate offense.

Chapter 12-6. Severability.

Section 12-06-01. Severability.

This Title and all sections within it are severable. If any part, section, paragraph, sentence, clause, phrase, or word is judged unconstitutional or invalid, by any court of competent jurisdiction, that adjudication does not affect, impair, or invalidate the remainder ofthis ordinance.

-2.rdDated h

. - day of Oclo b-er '2017t 1s v

ATTEST:

t)~~~.Ltid ./Avis Richter, City Auditor of the City ofValley City, Barnes County, North Dakota

Introduction and First Reading: September 19, 2017 Second Reading, Final Passage, and Adoption October 3, 2017

Title and Penalty Clause Published on October ___, 2017.

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TITLE AND PENALTY CLAUSE

ORDINANCE NO. 1025

TITLE: AN ORDINANCE REPEALING AND REINACTING TITLE 12, NUISANCES AND PROPERTY MAINTENANCE, FOR 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. 1025:

Section 12-02-09. Property Maintenance-Penalty.

Any violation of Chapter 12-2, Property Maintenance, is a Class B Misdemeanor and must include a fine of three-hundred dollars ($300). Each day a violation of this Chapter occurs may be treated as a separate offense.

Section 12-03-04. Noises prohibited-Manner of enforcement.

Any person violating any provision ofthis Title is guilty ofa Class B Misdemeanor, unless another criminal penalty is specifically provided.

Section 12-05-05. Weeds, Grass, Unhealthful Growths, or Other Noxious Matter ­Penalty.

Any person who fails to comply with a notice issued under this chapter is guilty of a non-criminal offense, subject to a fine of $75 for each offense, and each day that a person fails to comply may be treated as a separate offense.

ycfDated this 3 - day of October, 2017.

Avis Richter, Auditor of the City Dave Carlsrud, President of th!:::: B~...........:u.a.._-~e,.;.Valley City, Barnes County Commissioners ofth~_.Gity ofValley City, North Dakota Barnes County, North Dakota

TITLE AND PENALTY CLAUSE PUBLISHED October , 2017