Chapter 2 - Ordinances

Chapter 2 - Ordinances

2.0101  Enacting Clause for Ordinances

The enacting clause of every ordinance adopted by the City of Lakota shall be:  "Be it ordained by the City Council of the City of Lakota."  Such caption, however, may be omitted when the ordinances are published in book form or are revised and digested.

2.0102  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 final passage, an ordinance may be amended.  Except as otherwise specifically provided, a majority of all of the members of the governing body must concur in the passage of an ordinance and in the creation of any liability against the city and in expending or appropriating money.

2.0103  Yea and Nay Vote on Passage - When Required

The yeas and nays shall be taken and entered on the journal of the governing body's proceedings upon the passage of all ordinances and upon all propositions creating any liability against the city or providing for the expenditure or appropriation of money, and in all other cases at the request of any member.

2.0104  Ordinances Adopted by City Council - Mayor's Veto Power - Reconsideration.

An Ordinance adopted by the City Council is not enacted until it is approved by the Mayor or passed over the Mayor's veto.  An ordinance passed by the City Council shall be deposited in the office of the city auditor for the approval of the Mayor.  If the Mayor approves such ordinance, he shall sign the same.  An ordinance not approved by the Mayor shall be returned by him with his objections hereto in writing to the next regular or special meeting of the City Council occurring not less than five days after the passage thereof.  The veto may extend to an entire ordinance or to any one or more items or appropriations contained in any ordinance making an appropriation.  If a veto extends to a part only of any ordinance, the residue shall take effect and be in force.  If the Mayor fails to return any ordinance with his objections thereto within the time specified in this section, he shall be deemed to have approved the same.  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 and entered in the journal.

2.0105  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 the ordinance, shall be published in one issue of the official newspaper of the City.

2.0106  Effective Date of Ordinances

Ordinances finally approved by the governing body of a municipality and which require publication shall take effect and be 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.

2.0107  Ordinance Book Required - Ordinance Book and Certified Copies of Ordinances as Evidence

The City of Lakota shall keep an ordinance book.  The city auditor shall record in such book all ordinances finally passed and approved, and when any ordinance has been published, he shall record therein the affidavit of publication or of posting.  The ordinance book, or copies of ordinances as recorded therein, certified by the city auditor, shall be received as evidence without further proof.  If the ordinances have been printed in book or pamphlet form by authority of the City Council, such book or pamphlet shall be received as evidence of the existence of the ordinances therein contained.

2.0108  Enactment and Revision of Ordinances

All revisions, including any additional ordinances and amendments to existing ordinances contained therein, may be passed as a single ordinance and may be published in pamphlet or book form, by and under the authority of the City Council, and shall be valid and effective without publication in a newspaper or posting.

2.0109  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.

2.0110  General Penalties for Violation

In case no other specific penalty is prescribed for the violation of any section or provision of any ordinance of the City of Lakota, any person found guilty of violating the same shall be punished by a fine of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or both such fine and imprisonment in the discretion of the court. 

2.0111  Costs of Prosecution

In every case of conviction of a violation of any ordinance, or any part thereof, the cost of prosecution shall be assessed against the person convicted. 

2.0112  Summons, Warrants, Fines and Forfeitures

See NDCC 40-11-11, 40-11-12, and 40-11-13 as amended.