CHAPTER I
THE ENACTING ORDINANCE
AN ORDINANCE
ADOPTING THE GENERAL ORDINANCES OF THE CITY OF BURLINGTON, NORTH DAKOTA AND REPEALING ALL ORDINANCES PREVIOUSLY ADOPTED, WITH CERTAIN EXCEPTIONS.
Be it ordained by the City Council of Burlington, North Dakota:
Section 1-101. Title: The General Ordinances of the City of Burlington, North Dakota, are comprised of one volume entitled "General Ordinances of the City of Burlington, North Dakota."
Section 1-102. General Ordinances Defined: The General Ordinances are defined as those rules of conduct prescribed in this volume affecting the residents of the City of Burlington.
Section 1-103. Enactment: The General Ordinances of the City of Burlington, North Dakota, as the same appear in printed or mimeographed volumes bearing the title "General Ordinances of the City of Burlington, North Dakota", the original having been authenticated by the signatures of the Mayor and City Auditor, and bearing the imprint of the Corporate Seal, which original shall at all times remain on file in the office of the City Auditor, are hereby adopted as the General Ordinances of the City of Burlington, North Dakota.
Section 1-104. Repeal; Exceptions: All ordinances of the City of Burlington or Village of Burlington, North Dakota, adopted prior to the 1971, are hereby repealed, except only the following ordinances, which shall continue in full force and effect regardless of the fact they may be omitted here from, to-wit:
All existing ordinances granting franchises.
All existing ordinances levying taxes for any year under the provisions of any law
All existing ordinances creating contract obligations on the part of the city relating to the issuances of revenue bonds, municipal bonds, warrants, certificate of 1.herein.
The incorporation herein of any of the ordinances of the City of Burlington granting franchises shall not operate to repeal the same in their original form nor to extend the term of any franchise beyond that fixed in the ordinance granting the same which is re-enacted herein.
The ordinance incorporating the City, defining its boundaries, and all ordinances of annexation.
Section 1-105. Existing Licenses and Permits: All licenses and permits issued prior to the date on which these ordinances become effective shall continue in force for the remainder of the term for which the same were issued, without additional fees, but all licensees and permittees shall be governed by the provisions of these ordinances for the remainder of the terms of said licenses and permits, in the same manner and to the same extent as if said licenses and permits had been issued under the provision of these ordinances.
Section 1-106. New Licenses and Permits: Any license or permit not heretofore required, and appearing for the first time in these ordinances, shall be secured on or before the first day of the month following the effective date of these ordinances, and the first fee therefore shall be pro-rated for the remainder of the term on a monthly basis.
Section 1-107. Invalidity of Part: If any section, sub-section, sentence, clause or phrase of these ordinances is, for any reason, held to be invalid or unconstitutional by the decision of any Court, such decision shall not affect the validity of any section, sub-section, sentence, clause, phrase or portion thereof.
Passed First Reading: ______Passed Second Reading:______
Approved: Attest:
______
Mayor City Auditor
CHAPTER 2
CONSTRUCTION, EFFECT AND ADOPTION OF ORDINANCES
Section 2-101. Construction of Ordinances: In the construction of the ordinances of the City of Burlington, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance.
General Rule: All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
Gender - Singular and Plural: Every word in any ordinance importing the masculine gender shall extend to and be applied to females as well as males; and every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing; and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things
Person: The word "person" shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.
Tenses: The use of any verb in the present tense shall include the future when applicable.
Shall Have Been: The words "shall have been" include past and future cases.
Heretofore and Hereafter: Whenever the word "heretofore" occurs in any ordinance it shall be construed to mean any time previous to the day when such ordinance shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the ordinance containing such word shall take effect.
Joint Authority: All words purporting to give a joint authority to three or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
Acts by Agents: When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal such requisition shall be construed to include all such acts when done by an authorized agent.
Reasonable Time: In all cases where any ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
Time-How Computed: The time within which an act is to be done as provided in any ordinance or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday it shall be excluded; and when any such time is expressed in hours the whole of Sunday, from midnight to midnight, shall be excluded.
Week: The word "week" shall be construed to mean seven days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.
Section 2-102. When these Rules of Construction Shall Not Apply: The rules of construction set forth in this ordinance shall not be applied to any ordinance which shall contain any express provision excluding such construction, or when the subject matter or context of such ordinance may be repugnant thereto.
Section 2-103. Reference to Titles, Chapters, or Subsections - Conflicting Ordinances: In addition to the rules of construction specified in Section 2-101, the following rules shall be observed in the construction of these ordinances:
(1) All references to title, chapters, or sections are to the titles, chapters and sections of these ordinances unless otherwise specified.
(2) If the provisions of different chapters of these ordinances conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.
(3) If conflicting provisions be found in different sections of the same chapter the provisions of the section which is last in numerical order shall prevail unless such construction be inconsistent with the naming of such chapter.
Section 2-104. Enacting Clause: The enacting clause of every ordinance adopted by the City of Burlington shall be: "Be it ordained by the City Council of Burlington, North Dakota."
Section 2-105. Ordinance Book Required: The City Auditor shall record in an ordinance book all ordinances finally passed and approved, and when any ordinance has been published, he shall record therein the Affidavit of Publication.
Section 2-106. Procedure in Passing Ordinances: All ordinances shall be read twice, and the second reading and final passage shall not be had in less than one week after the first reading. After the first reading and before the final passage, an ordinance may be amended. A majority of all members of the City Council must concur in the passage of an ordinance and in the creation of any liability against the City and in expending or appropriating money.
Section 2-107. Ordinances Adopted. Mayor's Veto Power: An ordinance adopted by the City Council is not enacted until the Mayor approves it or passed over the Mayor's veto. If the Mayor approves an ordinance, he shall sign the same. An ordinance not approved by the Mayor shall be returned by him with his objections thereto in writing to the next regular or special meeting of the Council occurring not less than five days after the passage thereof. Any ordinance, which has been vetoed in whole or in part, may be reconsidered by the City Council, and if two-thirds of its members shall pass such ordinance, it shall be effective notwithstanding the veto. The vote to pass an ordinance over the Mayor's veto shall be taken by yeas and nays entered in the minutes.
Section 2-108. Publication of Ordinances: The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment or forfeiture for a violation of its provisions, after the final adoption of such ordinance shall be published in one issue of the official city newspaper.
Section 2-109. Effective Date of Ordinances: Ordinances finally approved by the City Council and which require publication shall take effect and are in force from and after the publication thereof unless otherwise expressly provided in the ordinance. Ordinances, which do not require publication, shall take effect and be in force from and after the final approval thereof unless otherwise expressly provided therein.
Section 2-110. Effect of Repeal: When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided.
Section 2-111. Penalty Where No Penalty Provided: Misdemeanors in the city ordinances shall carry a penalty of $1500 with no jail unless set by state law.
Section 2-112. Imprisonment Upon Failure to Pay Penalty Imposed for Violation of Ordinance: When a fine shall be imposed for the violation of any ordinance of the City of Burlington or any section thereof, the court may also sentence the defendant to pay the cost of the action and to be imprisoned until such fine and costs are paid, in no case; however, to exceed thirty (30) days.
Section 2-113. Court Fines Shall be Paid in Full Within Six Months: When a fine is imposed by the court for any violation of the North Dakota Century Code or the City of Burlington Code of Ordinances. The fine shall be paid in full within six months of the court date sentencing. Any violation of this section shall carry a penalty of $1,500 with no jail unless set by law.
CHAPTER 3
ORGANIZATION AND PROCEDURE OF CITY COUNCIL
Section 3-101. City Council - Who Constitutes: The governing body of the City of Burlington shall be the City Council, which shall be composed of the Mayor and four Aldermen, all elected at large.
Section 3-102. Mayor - Qualifications – Term: The mayor shall be a qualified elector within the City of Burlington and shall hold his office for a term of four years and until his successor is elected and qualified.
Section 3-103. Aldermen - Qualifications – Term: Aldermen shall be qualified electors of and residents within the City of Burlington and shall not have been convicted of malfeasance, bribery, or other corrupt practice or crime. Aldermen shall hold office for staggered terms of four years and until their successors are elected and qualified.
Section 3-104. Regular Meetings: (1) Time: The City Council shall hold regular meetings on the first Monday of each and every month at 7:00 p.m. provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, a meeting shall be held at the same hour on the next succeeding day not a holiday. (2) Place: All regular meetings of the City Council shall be held at the Burlington City Hall.
Section 3-105. Special Meetings: The Mayor may call special meetings of the council whenever in his opinion the public business may require it, or at the express written request of any two council members. Notice of meetings shall be given to each council member at least 24 hours prior to the time set therefore by personal service of a copy of such notice, provided, if all or any of the members of said City Council shall at the time of said special meeting, or prior thereto, waive notice, no notice of such special meeting shall be required as to said member so waiving notice.
Section 3-106. Meetings - Open to Public: All meetings of the City Council of the City of Burlington shall be open to the public and a journal of its proceedings shall be kept.
Section 3-107. The Presiding Officer: The presiding officer of the Council shall be the Mayor, who shall preside at all meetings of the Council, but shall not vote except in the case of a tie, when he shall cast the deciding vote. During the absence or temporary disability of the Mayor, the President of the Council shall be the presiding officer and shall possess all the powers of the Mayor. In the absence or disability of the Mayor and President of the Council, the Vice-President of the Council shall be the acting Mayor. The presiding officer shall preserve order and decorum at all meetings of the council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all points of order, subject however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order.