THE CODE OF THE CITY OF JAMESTOWN NORTH DAKOTA 1960

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THE GENERAL ORDINANCES OF THE CITY

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Published By Order of the City Council

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M	MUNICIPAL CODE CORPORATION
CC	Tallahassee, Florida     1987

 

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Original Publisher

Michie City Publications Company
of Los Angeles
1960

Supplement Service

Book Publishing Company
Seattle, Washington
July, 1978, through January, 1986

Commencing March, 1987, by:

Municipal Code Corporation

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PREFACE

This volume, as originally published, constituted the first revision and codification of the general ordinances of Jamestown, North Dakota since 1938. It contained such of the ordinances of a general and permanent nature passed prior to February 1, 1960, as were found desirable for retention except those expressly saved from repeal by the Adopting Ordinance.

This Code was codified, edited and indexed by the editorial staff of The Michie Company under the supervision of Jesse D. Worley and Stephen C. Willard.

The publishers wish to express their appreciation for the cooperation of all the city officials and employees during the preparation of this publication. Particular acknowledgment is due Mr. Herman Weiss, City Attorney, and Mr. William Westley, Mayor, for their assistance during the progress of the work.

Supplemental service was provided by Book Publishing Company of Seattle, Washington, from July, 1978, through January, 1986.

Commencing with Ordinance No. 943, this Code is being supplemented by Municipal Code Corporation of Tallahassee, Florida.

Organization of Code Provisions, Index

A feature to which the attention of the user is directed is the arrangement of the chapters in alphabetical order. Attention is also directed to the analysis preceding each chapter, which in many instances will serve as an index within itself. The general index carried at the end of the Code has been carefully prepared and should serve as an accurate medium for locating individual sections of law within the Code. In the footnotes appearing throughout the Code will be found references to applicable state law. These notes also contain cross references to other and related provisions in the city Code. By reference to the historical citations, appearing at the end of each section, the user will be able to ascertain the ordinance from which the present section has been derived.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 10 is 10-14. Under this system, each section is identified with its chapter and at the same time new sections can be inserted in their proper places simply by using the decimal system for amendment. By way of illustration: If new material consisting of three sections that would logically come between sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2, 4-4.3, respectively. Sections have been reserved at the end of articles and divisions to provide for future expansion.

New chapters may be included by the addition of a decimal number after the chapter number. Thus, if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Supplement Service

It is a recognized fact that if any Code is to accomplish its intended purpose it must be kept up to date by means of an adequate supplemental service. Accordingly, the publishers point out the advisability and necessity of keeping this Code current.

The new city Code is presented to the officials and citizens of the City of Jamestown, North Dakota, in the belief that it will merit their approval.

THE MICHIE COMPANY
CITY PUBLICATIONS DIVISION
CHARLOTTESVILLE, VIRGINIA

Adoption of Code
ORDINANCE NO. 318

An ordinance adopting a revision and codification of the ordinances of the City of Jamestown, North Dakota, entitled "The Code for the City of Jamestown, North Dakota, 1960," providing for the repeal of certain ordinances not included therein with certain exceptions, and for other purposes hereinafter set out.

BE IT ORDAINED by the City Council of the City of Jamestown, North Dakota:

Section 1. There is hereby adopted by the City of Jamestown, North Dakota, that certain Code entitled, "The Code of the City of Jamestown, North Dakota, 1960", containing certain ordinances of a general and permanent nature, as compiled, consolidated, codified and indexed in Chapters 1 to 31, both inclusive, of which Code not less than three copies have been and are now filed in the office of the City Auditor, and which is hereby referred to and adopted by reference, as if incorporated and set out at length in this ordinance, pursuant to North Dakota Revised Code 1943, Section 40-1109.

Section 2. The provisions of such Code shall be in force on and after June 15, 1960, and all ordinances of a general and permanent nature in force on February 1, 1960, and not contained in such Code are hereby repealed from and after June 15, 1960, except as hereinafter provided.

Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before June 15, 1960, nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall such repeal affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the city on any person or corporation; nor shall it affect any ordinance relating to the salaries of the officers or employees of the city; nor shall it affect any ordinance annexing or disannexing territory to or from the city; nor shall it affect any description of the city limits or additions thereto; or shall it affect any ordinance naming, opening, accepting or vacating streets or alleys in the city; nor shall it affect any ordinance relating to zoning or airport zoning; nor shall it affect any ordinance relating to the subdivision of land; nor shall it affect any ordinance or resolution creating and establishing the boundaries of wards and precincts; nor shall it affect any ordinance or resolution relating to the Alfred Dickey Public Library; nor shall it affect Ordinance No. 2, Section 3, changing and establishing names of streets; nor shall it affect any ordinance or resolution establishing or designating preliminary street grades; nor shall it affect any ordinance or resolution designating the width of streets, avenue or sidewalks; nor shall it affect any ordinance or resolution establishing improvement districts.

Section 4. Neither this ordinance nor the Code adopted thereby shall be construed to amend, alter or repeal any ordinance of the city adopted subsequent to February 1, 1960.

Section 5. If any phrase, clause, sentence, paragraph or section of such Code or this ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of such Code or this ordinance.

Section 6. Whenever in such Code or in any ordinance of the city any act is prohibited or is made or is declared to be unlawful or an offense or whenever in this Code or any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, any person upon conviction for the violation of such provision of such Code or any ordinance shall be punished by a fine not exceeding one hundred dollars or by imprisonment not to exceed three months or by both such fine and imprisonment, for each such offense.

Each day any violation of any provision of such Code or any ordinance shall continue shall constitute a separate offense. In the construction and interpretation of this section the revocation of license or permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced.

Introduced by Alderman Feton

Seconded by Alderman Burchill

First Reading: May 2nd, 1960

Second Reading: June 6, 1960

Final Passage: June 6, 1960

ATTEST:	APPROVED:
F. P. GILRONAN	Wm. WESTLEY
City Auditor	Mayor