TABLE OF CONTENTS

CHAPTER ONE - GOVERNMENT ORGANIZATION

ARTICLE 1     -           Jurisdiction

ARTICLE 2     -           Governing Body - Board of City Council

ARTICLE 3     -           Elective Officers

ARTICLE 4     -           Elective Officers other than Governing Body

ARTICLE 5     -           Appointive Offices

ARTICLE 6     -           Special Provisions Regarding City Officers

ARTICLE 7     -           Purchasing and Disposition of Property

ARTICLE 8     -           Municipal Elections

ARTICLE 9     -           Records Management Policy

ARTICLE 10               Home Rule Charter Provisions

APPENDIX                 Write-In Candidate Forms

CHAPTER TWO - ORDINANCES

ARTICLE 1     -           Procedure

CHAPTER THREE - PUBLIC PLACES AND PROPERTY

ARTICLE 1     -           Construction and Repair

ARTICLE 2     -           Use and Care of Streets, Sidewalks and Public Places

ARTICLE 3     -           Unclaimed and Abandoned Property

ARTICLE 4     -           House Numbering

ARTICLE 5     -           Trees - Tree Committee

CHAPTER FOUR - FIRE PROTECTION AND PREVENTION

ARTICLE 1     -           Organization and Regulations of the Fire Department

ARTICLE 2     -           Fire Limits

ARTICLE 3     -           Fires in Public Places

ARTICLE 4     -           Fire Prevention

ARTICLE 5     -           Firearms, Fireworks and Explosives

ARTICLE 6     -           Adoption of Electrical Code

ARTICLE 7     -           Penalty for Violation of this Chapter

CHAPTER FIVE - POLICE DEPARTMENT

ARTICLE 1     -           Organization and regulations

ARTICLE 2     -           Powers and Duties

ARTICLE 3     -           Miscellaneous

CHAPTER SIX - ZONING ORDINANCE

ARTICLE 1     -           Title and Purpose

ARTICLE 2     -           Planning and Zoning Commission

ARTICLE 3     -           Definitions

ARTICLE 4     -           Official Zoning Map Provisions

ARTICLE 5     -           General Provisions

ARTICLE 6     -           R-1 Single Family District

ARTICLE 7     -           R-2 Multiple Family District

ARTICLE 8     -           MH Mobile Home District

ARTICLE 9     -           C Commercial District

ARTICLE 10   -           IHC Industrial/Heavy Commercial District

ARTICLE 11   -           PUD Planned Unit Development District

ARTICLE 12   -           A Agricultural District

ARTICLE 13   -           Ball Park Addition and Millennium Addition Zoning

ARTICLE 14   -           Moving Permits

ARTICLE 15   -           Off-Street Parking and Loading Regulations

ARTICLE 16   -           Additive Provisions

ARTICLE 17   -           Adult Entertainment Centers

ARTICLE 18   -           Hazardous Materials

ARTICLE 19   -           Non Conforming Uses

ARTICLE 20   -           Hazardous Wastes

ARTICLE 21   -           Building Permits: Certificates of Compliance, Use Permits

ARTICLE 22   -           Community Unit Plans

ARTICLE 23   -           Enforcement Officer

ARTICLE 24   -           Board of Adjustments

ARTICLE 25   -           Violations, Remedies, Complaints and Penalties

ARTICLE 26   -           Conditional Uses

ARTICLE 27   -           Amendments

ARTICLE 28   -           Fees

CHAPTER SEVEN - WATER AND SEWER

ARTICLE 1     -           Utility Established

ARTICLE 2     -           Water Service

ARTICLE 3     -           Regulation of Sewer Use

ARTICLE 4     -           Sewer Surcharge

ARTICLE 5     -           Adoption of State Plumbing Code

ARTICLE 6     -           General Penalty Provision

CHAPTER EIGHT - BUSINESS REGULATIONS AND LICENSES

ARTICLE 1     -           General Provisions

ARTICLE 2     -           Transient Merchants

ARTICLE 3     -           Solicitation without Invitation

ARTICLE 4     -           Alcoholic Beverages

ARTICLE 5     -           Shows, Carnivals and Circuses

ARTICLE 6     -           Slaughterhouse Permits

ARTICLE 7     -           Validity

ARTICLE 8     -           Penalty

CHAPTER NINE - TRAFFIC

ARTICLE 1     -           Definitions

ARTICLE 2     -           Motorized Scooters

ARTICLE 3     -           Traffic Control Devices

ARTICLE 4     -           Regulations for Bicycles, Roller blades, skateboards and Roller Skates

ARTICLE 5     -           Angle Parking

ARTICLE 6     -           Stopping, Standing or Parking Prohibited in Specific Places

ARTICLE 7     -           Reserved Parking Areas

ARTICLE 8     -           Time Limit Parking Zones

ARTICLE 9     -           Equipment of Vehicles

ARTICLE 10   -           Snowmobile Regulations

ARTICLE 11   -           Adoption of Amendments by Reference

ARTICLE 12   -           Severability Clause

ARTICLE 13   -           Penalties

CHAPTER TEN - HEALTH

ARTICLE 1     -           Board of Health

ARTICLE 2     -           Local Health Officer

ARTICLE 3     -           Garbage, Refuse, Rubbish

ARTICLE 4     -           Dangerous Buildings

APPENDIX 10-1        Dangerous Buildings / Notice of Hearing

APPENDIX 10-2        Dangerous Buildings / Notice and Order

APPENDIX 10-3        Warning

CHAPTER ELEVEN - ANIMALS AND FOWL

ARTICLE 1     -           General Regulations

ARTICLE 2     -           Dogs and Cats

CHAPTER TWELVE - PUBLIC NUISANCES

ARTICLE 1     -           Sanitary Nuisances

ARTICLE 2     -           Smoke - Gases

ARTICLE 3     -           Radio Interference and Noise Control, Antennas

ARTICLE 4     -           Automobiles - Personal Property

ARTICLE 5     -           Noxious Weeds

CHAPTER THIRTEEN - OFFENSES

ARTICLE 1     -           In General

ARTICLE 2     -           Offenses Against Persons

ARTICLE 3     -           Offenses Against Property

ARTICLE 4     -           Offenses Against Public Order, Health, Safety and Sensibilities

ARTICLE 5     -           Sentencing

ARTICLE 6     -           Penalties

CHAPTER FOURTEEN - FRANCHISE

ARTICLE 1     -           Grant of Franchise

CHAPTER FIFTEEN - BUILDING CODE

ARTICLE 1     -           General Building Code

CHAPTER SIXTEEN - ELECTRICAL CODE

ARTICLE 1     -           Adoption of Electrical Code

ARTICLE 2     -           Permits

ARTICLE 3     -           Supervision of Work

CHAPTER SEVENTEEN - PERSONNEL POLICIES

ARTICLE 1     -           Personnel Policies and Procedures

CHAPTER EIGHTEEN - ANNEXATION

ARTICLE 1     -           Annexation Procedure

ARTICLE 2     -           Frueh’s Addition

ARTICLE 3     -           Haman’s Addition

ARTICLE 4     -           Graumann-Roble Addition

ARTICLE 5     -           Kost-Muscha First Addition

ARTICLE 6     -           Lonetree Estates Addition

CHAPTER NINETEEN - FLOOD PLAIN ORDINANCE

ARTICLE 1     -           General Authorization

ARTICLE 2     -           Permit Procedures

ARTICLE 3     -           Standards

ARTICLE 4     -           Administrative Requirements

APPENDIX

CHAPTER ONE

GOVERNMENT ORGANIZATION

MAYOR - COUNCIL CITIES

ARTICLE 1 - Jurisdiction

1.0101 Over Persons and Property

1.0102 Defining City Limits

1.0103 City Fines and Penalties Limited, and Minimums, and Restitution

ARTICLE 2 - Governing Body - Board of City Council

1.0201 Regular Meetings

1.0202 Special Meetings

1.0203 Meeting to be Public - Journal of Proceedings to be Kept

1.0204 Quorum

1.0205 Reconsidering or Rescinding Votes at Special Meeting

1.0206 Rules and Order of Business

1.0207 Home Rule Charter

ARTICLE 3 - Elective Officers

1.0301 City Council - Who Constitutes

1.0302 Term of Office of Council Members

1.0303 Mayor - Qualifications - Term

1.0304 When President and Vice President of a Council are Elected

1.0305 Vacancies on Council or in Office of Mayor - How Filled

1.0306 Absence or Disability of Mayor - Who to be Acting Mayor

1.0307 Mayor to Preside at Council Meetings - Voting Power of Mayor

1.0308 Mayor May Remove Appointive Officers - Reasons for Removal to be Given

1.0309 Mayor May Suppress Disorder and Keep Peace

1.0310 Mayor to Perform Duties Prescribed by Law - Enforced Laws and Ordinances

1.0311 Inspection of Books, Records and Papers of City by Mayor

1.0312 Ordinance or Resolution Signed or Vetoed by Mayor

1.0313 Message to Council

1.0314 Mayor Shall Call on Male Inhabitants to Aid in Enforcing Ordinance

1.0315 Police Chief and Policemen Appointed by Mayor

1.0316 Mayor May Administer Oath

ARTICLE 4 - Elective Officers Other than Governing Body

1.0401 Municipal Judge

1.0402 Report to the City Council

1.0403 Contents of Report

1.0404 Receipt to Accompany Report

1.0405 Court Hours

1.0406 Duties of Municipal Judge

ARTICLE 5 - Appointive Offices

1.0501 Appointive Officers in Council Cities - Appointment of More Than One Assessor

1.0502 Term of Appointive Officers

1.0503 Officers Commissioned by Warrant - City Auditor to Receive Certificate of Appointment

1.0504 General Duties of City Auditor

1.0505 General Duties of City Attorney

1.0506 General Duties of Other Appointive Officers

ARTICLE 6 - Special Provisions Regarding City Officers

1.0601 Bonds of Municipal Officers and Employees

1.0602 Oaths of Municipal Officers

1.0603 Salaries of Elected Officers Fixed by Ordinance or Resolution

1.0604 Salaries of Appointive Officers and Employees

1.0605 Meals and Lodging - Amount Allowed

1.0606 Personal Interest in Contract by Public Officer - Prohibited

1.0607 Retiring Officer to Turn Over Books

1.0608 Administrative Policy and Procedure

1.0609 Obstructing a Public Official - Prohibited

ARTICLE 7 - Purchasing and Disposition of Property

1.0701 Competitive Bidding Requirements

1.0702 Procedure

1.0703 Open Market Purchases - Emergency

1.0704 Accounts Against City to be in Writing

1.0705 Further Verification May be Required

1.0706 Conveyance, Sale, Lease or Disposal of Property

1.0707 Real Property Transfer Requirements

ARTICLE 8 - Municipal Elections

1.0801 Qualified Electors in Municipal Elections - Restrictions

1.0802 Elections in Council Cities - Polling Places - Polls Open - Notice

1.0803 Designation of Polling Places for Municipal Elections

1.0804 Compensation of Inspectors, Judges and Clerks at Municipal Elections

1.0805 Reference to Party Ballot or Affiliation in Petition of Candidate for Municipal Office - Prohibited

1.0806 Petition for Nomination of Elected Official in Municipalities - Signatures Required - Contents

1.0807 Ballots in Municipalities - Makeup

1.0808 Clerks Appointed to Fill Vacancies - Oath - Powers and Duties of Judges and Clerks of Municipal Elections

1.0809 Counting Ballots - Returns - Canvass of Returns by Governing Body of Municipality - Agreement with the County

1.0810 Municipal Elections to be Governed by Rules Applicable to County Elections - Absent Voting

1.0811 City Auditor to Notify of Election or Appointments

1.0812 New Election Upon Failure to Elect

1.0813 Special Elections Conducted in Same Manner as General Elections

1.0814 Highest Number of Votes Elects in Municipal Election - Procedure on Tie Vote

ARTICLE 9 - Records Management Policy

1.0901 Adoption of Policy

ARTICLE 10 - Home Rule Charter Provisions

1.1001 Home Rule Charter Re-enacted

1.1002 Sales and Use Tax

1.1003 Referendum and Initiative

1.1004 Write-In Candidates

CHAPTER ONE

GOVERNMENT ORGANIZATION

ARTICLE 1 - Jurisdiction

1.0101 Over Persons and Property

The jurisdiction of the City of Harvey, North Dakota, extends to all persons, places and property within its boundaries, and such extra-territorial jurisdiction as is granted to it under the provisions of the North Dakota Century Code and amendments.

1.0102 Defining City Limits

There shall be included within the municipal limits of the City all areas duly platted and recorded as being within said City and this includes any annexed property; all lots and blocks shall also include all streets, alleys and public ways included within the area and adjacent thereto which are defined as within the confines of the City limits. The City Council shall have jurisdiction within the corporate City limits and over any common or public grounds belonging to the City, and in and over all places within one-half mile of the municipal limits for the purpose of enforcing health and quarantine ordinances and police regulations and ordinances adopted to promote the peace, order, safety and general welfare of the municipality. (Source: North Dakota Century Code § 40-06-01)

1.0103 City Fines and Penalties Limited, and Minimums, and Restitution

The provisions of Section 40-05-06 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

This section shall not be construed to prohibit the utilization of the sentencing alternatives, other than a fine or imprisonment, provided by NDCC Section 12.1-32-02 for the violation of a City ordinance, nor shall this section limit the use of deferred or suspended sentences pursuant to NDCC Chapter 12.1-32.

There shall be Mandatory Minimums for offenses. Any Defendant that requests Court Appointed Counsel shall be required to pay a $25.00 application fee, and the Court shall determine if the Defendant is indigent. Court Appointed Counsel is only required when the City Attorney is requesting jail time for the offense. Every Offense committed in the City of Harvey and brought in City Municipal Court shall have a mandatory minimum court cost of $100.00. The City shall also be allowed to request a prosecution fee of $100 per offense committed in the City of Harvey and brought in City Municipal Court if there are applicable fees for going to Court. The Court may waive these mandatory minimums if there is an application and showing of indigency. Charges arising from the same event and disposed of on the same day shall be treated as one case with one fee being assessed. (Source HB 1088)

Restitution shall be ordered when there are reasonable damages sustained by any victim of a criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the Defendant’s criminal action. (Source NDCC § 12.1-32-08)

ARTICLE 2 - Governing Body - City Council

1.0201 Regular Meetings

The City Council shall meet regularly at the City Hall on the first Monday of each month at the hour of 7:00 P.M. unless some other time and place shall be specifically fixed by the council. If a regular meeting falls on a holiday, it shall be held on the First (1st) Monday following the holiday at 7:00 p.m. The council shall meet in addition thereto, as often as required by Section 40-08-10 of the North Dakota Century Code.

1.0202 Special Meetings

Special meetings may be called at any time by the mayor or any two (2) members of the governing body to consider matters mentioned in the call of such meetings. Notice of any special meeting shall be given to each member of the governing body at least three hours before the time of the meeting.

1.0203 Meeting to be Public - Journal of Proceedings to be Kept

All meetings of the governing body shall be open to the public, and a journal of its proceedings shall be kept. Notice of the regular meeting time or of special meeting shall be given as provided by
Section 44-04-20 of the North Dakota Century Code and amendments.

1.0204 Quorum

The provisions of Section 40-06-03 of the North Dakota Century Code and all subsequent amendment shall be and are hereby incorporated by reference in this ordinance.

A majority of the members of the governing body of a municipality shall constitute a quorum to do business but a smaller number may adjourn from time to time. The governing body may compel the attendance of absentees under such penalties as may be prescribed by ordinance, and may employ the police of the municipality for that purpose.

1.0205 Reconsidering or Rescinding Votes at Special Meeting

The provisions of Section 40-06-04 of the North Dakota Century Code and all subsequent amendments shall be and hereby are incorporated by reference in this ordinance.

No vote of the governing body of a municipality shall be reconsidered or rescinded at a special meeting unless there is present at such special meeting as large a number of members as were present when such vote was taken.

1.0206 Rules and Order of Business

Rules and order of business for the parliamentary government of the governing body shall be governed by Robert’s Rules of Order. (Source: North Dakota Century Code Section 40-06-05)

1.0207 Home Rule Charter

The Governing Body was created as a City Council form of government according to the Home Rule Charter duly enacted on November 6, 1990.

ARTICLE 3 - Elective Officers

1.0301 City Council - Who Constitutes

The governing body of the City shall be the City Council which shall be composed of the mayor and council members. The mayor and six (6) council members shall be elected as provided by law. (Source: North Dakota Century Code Sections 40-08-01,03)

1.0302 Term of Office of Council Members

Council members shall hold office for four years and until their successors are elected and qualified. Terms of council members shall be arranged so that only one-half of the council members shall be elected in any one election.

1.0303 Mayor - Qualifications - Term

The chief executive officer of the City is the mayor. The mayor shall be a qualified elector within the City and shall hold office for four years and until a successor is elected and qualified. (Source: North Dakota Century Code Section 40-08-14)

1.0304 When President and Vice President of a Council are Elected

The provisions of Section 40-08-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance. At the organization meeting in each even numbered year, the members of the City Council shall proceed to elect from their number a president and vice president who shall hold their respective offices until their successors are elected at the organization meeting following the next biennial election.

1.0305 Vacancies on Council or in Office of Mayor - How Filled

If a vacancy occurs in the office of council member by death, resignation or otherwise, City Council may call a special City Election to fill such vacancy for the unexpired term or may, after fifteen days of the date of such vacancy appoint a person to fill such vacancy until the next City Election, at which election the unexpired term shall be filled. Upon petition of five percent of the electors, as determined by the total number of votes cast in the last general election, the council shall call a special election to fill a vacancy occurring more than six months before the next City Election, provided such petition has been submitted with in fifteen (15) days and before 4:00 p.m. of the fifteenth (15th) day of the date of such vacancy or of the vacancy being filled by appointment. If the petition is mailed, it shall be in possession of the council or its representative before 4:00 p.m. on the fifteenth (15th) day after the vacancy occurs or after the vacancy was filled by appointment. (Source: North Dakota Century Code Section 40-08-08)

If a vacancy occurs in the office of mayor, the City Council may call a special City Election to fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy, elect one of its members to act as mayor, the member so elected shall possess all of the rights and powers of the mayor until the next election and until a mayor is elected and qualified. Upon petition of five percent of the electors, as determined by the total number of votes cast in the City in the last General Election, the council shall call a special election to fill a vacancy occurring more than six months prior to the next City Election, provided such petition is submitted within fifteen days of the date of such vacancy. During the interim between date when a vacancy occurs in the office of the mayor and election and qualification of a successor, the president of the City Council shall be acting mayor. (Source: North Dakota Century Code Section 40-08-16)

1.0306 Absence or Disability of Mayor - Who to be Acting Mayor

During the absence of the mayor from the City or during his temporary disability, the president of the City Council shall be the acting mayor and shall possess all of the powers of the mayor. In the absence or disability of the mayor and the president of the City Council, the vice president of the City Council shall be the acting mayor. (Source: North Dakota Century Code Section 40-08-13)

1.0307 Mayor to Preside at Council Meetings - Voting Power of Mayor

The mayor shall preside at all meetings of the City Council, but shall not vote except in case of a tie, when he shall cast the deciding vote. (Source: North Dakota Century Code Section 40-08-18)

1.0308 Mayor may Remove Appointive Officers - Reasons for Removal to be Given

The mayor may remove any office appointed by him whenever he is of the opinion that the interests of the City demands such removal, but he shall report the reasons for such removal to the council at its next regular meeting. (Source: North Dakota Century Code Section 40-08-19)

1.0309 Mayor may Suppress Disorder and Keep Peace

The mayor may exercise within the City limits the powers conferred upon the sheriff to suppress disorder and keep the peace. (Source: North Dakota Century Code Section 40-08-20)

1.0310 Mayor to Perform Duties Prescribed by Law - Enforced Laws and Ordinances

The mayor shall perform all duties prescribed by law or by the city ordinances, and shall see that the laws and ordinances are faithfully executed. (Source: North Dakota Century Code Section 40-08-22)

1.0311 Inspection of Books, Records and Papers of City by Mayor

The mayor, at any time, may examine and inspect the books, records and papers of any agent, employee or officer of the City. (Source: North Dakota Century Code Section 40-08-23)

1.0312 Ordinance or Resolution Signed or Vetoed by Mayor

The mayor shall sign or veto each ordinance or resolution passed by the council. (Source: North Dakota Century Code Section 40-08-24)

1.0313 Message to Council

The mayor annually and from time to time shall give the council information relative to the affairs of the City and shall recommend for consideration such measures that he may deem expedient. (Source: North Dakota Century Code Section 40-08-25)

1.0314 Mayor May Call on Male Inhabitants to Aid in Enforcing Ordinances

When necessary, the mayor may call on each male inhabitant of the City over the age of eighteen years to aid in the enforcing of the laws and ordinances of the City. (Source: North Dakota Century Code Section 40-08-26)

1.0315 Police Chief and Policemen Appointed by Mayor

The mayor may appoint any number of policemen which he and the City Council may deem necessary to preserve the peace of the City, and he shall appoint one of the number as chief of police. Such appointment shall be subject to approval of the council. (Source: North Dakota Century Code Section 40-08-27)

1.0316 Mayor May Administer Oath

The mayor of the City may administer oaths and affirmations. (Source: North Dakota Century Code Section 40-08-28)

ARTICLE 4 - Elective Officers Other Than Governing Body

1.0401 Municipal Judge

There shall be elected each four years a municipal judge who shall hold office until a successor is elected and qualified. The municipal judge shall perform all the duties prescribed by law and the ordinances of this City. The municipal judge shall receive an annual salary as full compensation for all services rendered.

1.0402 Report to the City Council

It shall be the duty of the municipal judge to make a full report under oath, of all proceedings in the actions or matters before him in which the City is a party, or interested therein, to the governing body of the City at the close of each month. Until such report has been filed with the city auditor, no salary shall be paid the judge for such work. The City Attorney shall also be provided a copy of said monthly report.

1.0403 Contents of Report

Such report shall contain the names of the parties to such action or proceeding, a statement of all orders made, whether the defendants be committed, fined or released from custody, the judgment, the extent thereof, the costs, the amount of costs and fine paid, if any, with the disposition thereof, together with an itemized account of any fees of all officers and witnesses and the names of each, the name or each person making the complaint, and the nature and date thereof.

1.0404 Receipt to Accompany Report

This report will be accompanied by the duplicate receipt or receipts of the city auditor for the total amount of the fees and money so collected on behalf of the City.

1.0405 Court Hours

The municipal judge shall be in attendance at municipal court for the transaction of business that may come before him and shall devote the time necessary to handle and dispose of the business coming before him.

1.0406 Duties of Municipal Judge

Additional duties of the municipal judge shall be as provided by the provisions of Chapter 40-18 of the North Dakota Century Code and all amendments.

ARTICLE 5 - Appointive Offices

1.0501 Appointive Officers in Council Cities

The mayor, with the approval of the City Council, shall appoint the following officers:

1. city auditor;

2. city assessor;

3. city attorney;

4. city engineer;

5. city chief of police;

6. city public works;

7. such other officers as the City Council deems necessary and expedient.

All appointive offices shall be appointed at the first meeting of the City Council in January of each odd numbered year. The City Council, by majority vote, may dispense with any appointive office and provide that the duties of that office be performed by others. (Source: North Dakota Century Code Section 40-14-04)

1.0502 Term of Appointive Officers

The term of all appointive officers of the City operating under the council form of government shall commence the first day of January succeeding their appointment unless otherwise provided by ordinance, and such officers shall hold their respective offices for two years, and until their successors are appointed and qualified.

1.0503 Officers Commissioned by Warrant - City Auditor to Receive Certificate of Appointment

All officers elected or appointed, except the city auditor, council members and mayor, shall be commissioned by warrants signed by the auditor and the mayor or president of the City Council. The mayor shall issue a Certificate of Appointment to the auditor. (Source: North Dakota Century Code Section 40-14-06)

1.0504 General Duties of City Auditor

It shall be the duty of the city auditor to issue the calls for all special meetings of the City Council when requested to do so by the mayor or any two (2) members of the City Council. (Source: North Dakota Century Code Section 40-08-10) He shall also keep a full and complete record of all meetings of the City Council and shall keep a book titled as the “Ordinance Book” and shall record therein at length all ordinances of the City. He shall also keep a book titled as the “Special Assessment Book” in which he shall keep all records of special assessments. All such books shall have full and complete indexes of the contents thereof. He shall report to the City Council at the end of every month a list of all warrants, interest coupons, bonds or other evidence of indebtedness which may have been redeemed or paid by him during the month and he shall duly give to the council a copy of his receipt therefore. He shall further handle all correspondence, permits and licenses and shall do and perform each, every and all duties and things prescribed for him to do by statutes of this state, or by an ordinance, resolution or proper instruction of the City Council. (Source: North Dakota Century Code Section Chapter 40-16)

1.0505 General Duties of City Attorney

The city attorney shall conduct all the law business of the City and of the departments thereof, and all law business in which the City shall be interested; he shall, when requested, furnish written opinions upon the subjects submitted to him by the City Council, or any other department. It shall also be his duty to draft all ordinances, bonds, contracts, leases, conveyances and such other instruments as may be required by the officers of the City; to examine and inspect tax and assessment rolls and all other proceedings in reference to the levying and collection of taxes and to perform each and every and all duties and things prescribed by him to do by statutes of the state, or by an ordinance, resolution or proper instruction of the City Council.

The City may determine to also employ Bond Council to draft and furnish bonds as necessary for City business.

1.0506 General Duties of Other Appointive Officers

All other appointive officers shall perform such duties as directed by the City Council, directed by these ordinances or directed or authorized by the laws of the state of North Dakota.

ARTICLE 6 - Special Provisions Regarding City Officers

1.0601 Bonds of Municipal Officers and Employees

The following officers and employees of the City shall be bonded in the sums as hereinafter set forth:

mayor

city auditor

municipal judge

city assessor

public works director

Said officers or employees shall be bonded in accordance with the provisions of Section 40-13-02 and Chapter 26.1-21 of the North Dakota Century Code.

1.0602 Oaths of Municipal Officers

Every person appointed to any municipal office, before he enters upon the discharge of the duties thereof, shall take and subscribe the oath of office prescribed for civil officers and, except in the case of the auditor, shall file the same with the city auditor within 10 days after notice of his election or appointment has been given. The oath of the auditor shall be filed in the office of the county auditor. Refusal to take the oath of office shall also be deemed a refusal to serve and, therefore, a failure to qualify for the office pursuant to NDCC 44-02-01. (Source: North Dakota Century Code Section 40-13-03)

1.0603 Salaries of Elected Officers Fixed by Ordinance or Resolution

Any elected officer of this City shall receive the salary, fees or other compensation fixed by ordinance or resolution within the limitations set by NDCC sections 40-08-07, 40-08-15 and 40-18-06.

1.0604 Salaries of Appointive Officers and Employees

Salaries of City Appointive Officers and Employees, except as otherwise provided by law, shall be in such sums and amounts as may be, by resolution of the governing body, fixed from time to time.

1.0605 Meals and Lodging - Amount Allowed

Each elective or appointive officer, employee, representative, or agent of this City, or of any of its subdivisions, boards or commissions may make claim and shall upon approval of such claim, be paid as an allowance for meals and lodging while engaged within this State, in the discharge of a public duty away from their normal working and living residence for all or any part of any quarter of a day at the rates specified by state law.

Verifications of claims shall not be required for the first three quarters listed above and only a lodging receipt shall be required for the fourth quarter.

Such persons engaged in travel outside of the state shall not claim a sum in excess of that allowed by state law a day for meals and in addition thereto actual lodging expenses. Verification by receipt for such out-of-state travel expense shall be required only for lodging expense claimed. Verification of any other type of expenses not prescribed by this section shall be by receipt.

Any person filing a false claim with the City for mileage or expenses as herein permitted is guilty of an infraction.

1.0606 Personal Interest in Contract by Public Officer - Prohibited

No contract for the furnishing of supplies to the City, or buying of property from the City shall be entered into by any officer of the municipality, provided, however, that such contracts may be entered into with an officer of the City, if such contract is unanimously approved by other members of the governing body of the City by a finding unanimously adopted by such other members, and entered in the official minutes of the governing body, to be necessary for the reason that the services or property are not otherwise available at equal cost. (Source: North Dakota Century Code Section 40-13-05)

1.0607 Retiring Officer to Turn Over Books

Any person having been an officer of the City shall, within five days after notification and request, deliver to his successor in office, all property, books and effects of every description in his possession belonging to the City or appertaining to his office; and upon his refusal to do so, shall be liable for all damages caused thereby, and guilty of an infraction.

1.0608 Administrative Policy and Procedure

PERFORM DUTIES. Each officer shall:

1. Perform all duties required of his office by law or ordinance and such other duties not in conflict as may be required by the governing body.

2. Be immediately responsible to the governing body for the effective administration of their departments and all activities assigned thereto.

3. Keep informed as to the latest practices in their particular field and shall inaugurate with approval of the governing body such new practices as appear to be of benefit to the service and to the public.

4. Submit such reports of activities of their departments as the governing board may request.

5. Be responsible for the proper maintenance of all City property and equipment used in their departments.

6. Establish and maintain records in sufficient detail to furnish all information needed for proper control of department activities and to form a basis for reports to the governing board.

7. Cooperate with other officers, departments and employees.

8. Have power to direct and supervise all department subordinates.

9. Be available during the hours designated by the City governing body.

1.0609 Obstructing a Public Official - Prohibited

Every person who willfully delays or obstructs a public officer in the discharge or attempt to discharge any duty of his office shall be guilty of an infraction. Upon conviction, for a violation of this section, such person shall be fined not more than $500.00.

ARTICLE 7 - Purchasing and Disposition of Property

1.0701 Competitive Bidding Requirements

All purchase of and contracts for supplies and contractual services with a cost in excess of one hundred thousand dollars ($100,000.00) shall be based on competitive bids.

1.0702 Procedure

All supplies and contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $100,000.00 shall be purchased from the lowest responsible bidder after due notice inviting proposals. Due notice shall be given by advertising for the sale or purchase of the property or service by giving written notice in the official newspaper of the City for three (3) consecutive weeks and the opening of the bids so received not less than 21 days after the first publication thereof. The lowest responsible bidder shall be the bidder who, in addition to price, has the best ability, capacity and skill to perform the contract or provide the service required promptly or within the specified time without delay or interference. There shall also be considered character, integrity, reputation, judgment, experience and efficiency of the bidder, the quality of performance of previous contracts, sufficiency of financial resources and previous and existing compliance with state laws and City ordinances.

1.0703 Open Market Purchases - Emergency

When the City governing body decides by unanimous vote that an emergency requires the immediate purchase of supplies or contractual services, the purchases may be made in the open market without competitive bidding.

1.0704 Accounts Against City to be in Writing

Accounts, claims and demands against the City for any property or services for which the City shall be liable, shall be made in writing and shall include an itemized statement of the property or services provided.

1.0705 Further Verification May be Required

It is hereby provided that any officer of the City Council before whom any bill, claim, account or demand against the City shall come for audit and approval may require to be furnished a statement made under oath, containing such other information as is deemed necessary for the further verification of any bill, claim, account or demand against the City, or any of its undertakings.

1.0706 Conveyance, Sale, Lease or Disposal of Property

Real property belonging to the municipality shall be conveyed, sold, leased or disposed of, only as approved of by a two-thirds vote of all members of the governing body. Instruments affecting such conveyance, sale, lease or disposal shall be valid only when duly executed by the mayor and attested by the city auditor. Personal property shall be conveyed by a majority vote of all members of the governing body. When the property to be disposed of, whether real property or personal property is estimated, by the governing body of the municipality to be of a value of less than $2,500.00, such property may be sold at private sale upon the proper resolution of the governing body. In all other cases, such property may be sold only at public sale or as provided under Section 40-11-04.2 of the North Dakota Century Code (Source: North Dakota Century Code Section 40-11-04). Bids for the purchase or lease of real property belonging to the municipality, whether or not advertisement therefore has been made, shall be made directly to the governing body and submitted to the city auditor, who shall present any and all such bids to the governing body at its next regularly scheduled meeting. When specific statutory provisions contained in the North Dakota Century Code provide for a procedure which is in conflict with this section, governing the conveyance, sale, lease or disposal of real property, this section shall not apply insofar as it is in conflict with such state law. Said statutory procedures include the following:

1. Lease of airports or landing fields, or portions thereof shall be under authority granted in Section 2-02-15, NDCC. Said lease shall further be in compliance with regulations and directives appropriate federal agencies.

2. Conveyance of right of way for any state highway shall be as provided in Section 24-01-46, NDCC.

3. Leasing of oil and gas lands shall be as provided in Sections 38-09-02 through 38-09-04 and Sections 38-09-14 through 38-09-20, NDCC.

4. Conveyance of property to a municipal parking authority shall be as provided in
Section 40-61-05, NDCC.

5. Lease of public buildings or portions thereof shall be as provided in Chapter 48-08, NDCC.

6. Granting of concessions for cafes, restaurants and confectioneries in public buildings or on public grounds shall be as provided in Chapter 48-09, NDCC.

7. Granting of right-of-way for a railway, telephone lines, electric light system or a gas or oil pipeline system shall be as provided in Section 49-09-16, NDCC.

1.0707 Real Property Transfer Requirements

The provisions of Sections 40-11-04.1 and 40-11-04.2 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

ARTICLE 8 - Municipal Elections

1.0801 Qualified Electors in Municipal Elections - Restrictions

The provisions of Section 40-21-01 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Every resident of a municipality who is qualified to vote therein at general elections may vote at all municipal elections held therein. When elections are held by wards or precincts, no person may vote in any place other than the ward or precinct of which he is a resident.

1.0802 Elections in Council Cities - Polling Places - Polls Open - Notice

The provisions of Section 40-21-02 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Biennial municipal elections shall be held on the second Tuesday in June in each even numbered year at such place or places as the City Council shall designate. The polls shall be opened and closed as provided by state law for the opening and closing of polls at primary, general and special elections. Ten days notice of the time and place of holding each election and offices to be filled thereat shall be given by the city auditor by publication in the official newspaper of the City as provided by Section 40-01-09.

1.0803 Designation of Polling Places for Municipal Elections

The governing body of the City, at the time of calling any general or special municipal election, or prior to the time of registration for said election, if said registration is required by law, shall by resolution, designate such voting precincts and polling places for said election as it may deem necessary for the conduct of the same, and shall, in giving notice of said election, designate such voting precincts and polling places.

1.0804 Compensation of Inspectors, Judges and Clerks at Municipal Elections

The provisions of Section 40-21-05 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Each inspector, judge or clerk of any regular or special municipal election shall receive compensation as determined for election officials in Section 16.1-0505. The amounts determined to be due election officials at municipal elections shall be paid from the funds of the municipality holding the election. In the event a special municipal election is held on the same date as a statewide, district wide or county wide election, and if the same election officials perform services for both elections, the City shall not be required to pay the elections officials, except for any extra officials necessary for such special municipal election.

1.0805 Reference to Party Ballot or Affiliation in Petition of Candidate for Municipal Office - Prohibited

The provisions of Section 40-21-06 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

No reference shall be made to a party ballot or to the party affiliation of a candidate in a petition to be filed or in behalf of a candidate for nomination to a public office in any incorporated City in this state.

1.0806 Petition for Nomination of Elected Official in Municipalities - Signatures Required - Contents

The provisions of Section 40-21-07 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

A candidate for any public office in the City may be nominated by filing with the city auditor, at least sixty days and before four p.m. on the sixtieth day prior to the holding of the election, a petition signed by not less than ten percent of the number of qualified electors who voted for that office in the last City election. Qualified electors who sign such a petition shall reside within the ward or precinct in and for which such officer is to be elected, if the election is by wards, or within the corporate limits of the City if the officer is elected at large. If a petition is mailed, it shall be in the possession of the city auditor before four p.m. on the sixtieth day prior to the holding of the election. In no case shall more than three hundred signatures be required, and such signatures may be on separate sheets of paper. Each qualified elector who signs a petition shall add to the petition the petitioner’s mailing address. If a City election is not held in conjunction with a state or county election, a candidate may be nominated by filing the required petition with the city auditor at least thirty-three days and before four p.m. on the thirty-third day before the holding of the election.

1.0807 Ballots in Municipalities - Makeup

The provision of Section 40-21-08 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The auditor of the City shall place only the names of the persons nominated upon the ballot. The auditor shall arrange the offices upon the ballot in the order in which they are named in the statutes. The auditor shall determine the arrangement of the names of the candidates upon the ballot by conducting a drawing within five days following the last day for the filing of the nomination papers. The city auditor shall set the date, time and location for conducting the drawing and shall give advance notice of the drawing to the candidates involved.

1.0808 Clerks Appointed to Fill Vacancies - Oath - Powers and Duties of Judges and clerks of Municipal Elections

The provisions of Section 40-21-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

When necessary, the judges of election at a municipal election shall appoint clerks to fill vacancies. The judges and clerks of a municipal election shall take the same oath and have the same powers and authority as judges and clerks of general state elections.

1.0809 Counting Ballots - Returns - Canvass of Returns by Governing Body of Municipality - Agreement with the County

The provisions of Section 40-21-12 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The ballots case in a municipal election shall be counted and the returns of the election prepared by the election board immediately after the closing of the polls. The ballots and the returns of the election shall be returned to the city auditor under seal within two days and before four p.m. on the second day after the election. Thereafter, the governing body of the municipality shall canvass the returns and declare the result of the election and cause a statement thereof to be entered in its books of minutes.

When a City election is held in conjunction with a state or county election, the City governing body shall enter into an agreement with the governing body of the county concerning the use of a single canvassing board, the sharing of election personnel, the printing of election materials, the publishing of legal notices and the apportioning of election expenses.

1.0810 Municipal Elections to be Governed by Rules Applicable to County Elections - Absent Voting

The provisions of Section 40-21-13 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The manner of conducting, voting at, keeping poll lists and canvassing votes at municipal elections, recounts and contests of the results of such elections shall be governed, as nearly as possible and except as otherwise provided in this chapter, by the laws of this state applicable to elections and contests in the case of county officers. Absent voters’ ballots must be available in municipal elections in accordance with the provisions of Chapter 16.1-07 as amended.

1.0811 City Auditor to Notify of Election or Appointments

The provisions of Section 40-21-14 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The city auditor, within five days after the result of an election is declared or the appointment of an officer is made within the municipality, shall notify each person elected or appointed to municipal office of his election or appointment. Within the same period of time, the city auditor shall also notify the state Supreme Court of the election or appointment of any municipal judge or alternate judge.

1.0812 New Election Upon Failure to Elect

The provisions of Section 40-21-15 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

If there is a failure to elect an officer required to be elected, the governing body of the municipality may order a new election.

1.0813 Special Elections Conducted in Same Manner as General Elections

The provisions of Section 40-21-16 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Special municipal election to fill vacancies or for any other purpose shall be held and conducted by the inspectors and judges of election of several precincts in the same manner and the returns shall be made in the same form and manner as at regular municipal elections.

1.0814 Highest Number of Votes Elects in Municipal Election - Procedure on Tie Vote

The provisions of Section 40-21-17 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The person having the highest number of votes, not including votes that may not be counted (such as excluded write-in votes), for any municipal office shall be declared elected to such office. In case of a tie vote in the election of any municipal officer, a recount must be conducted pursuant to Section 16.1-16-01 of the North Dakota Century Code. If a recount results in a tie vote, the choice shall be determined by a coin flip in the presence of the governing body of the municipality and in such manner as it shall direct.

ARTICLE 9 - Records Management Policy

1.0901 Adoption of Policy

The management of records in the City shall meet with the provisions of the City Records Management Manual published by the Records Management Division of the North Dakota Information Technology Department. That publication is hereby made a part of this chapter by reference with the exceptions of the sections hereinafter set forth affecting local conditions in the City, which are amended, deleted or added to, for use and application in the City, and the City hereby adopts said manual as so modified.

ARTICLE 10 - Home Rule Charter Provisions

10.1001 Home Rule Charter Re-enacted

The City of Harvey duly enacted a Home Rule Charter on November 6, 1990, and by these newly enacted ordinances, the City of Harvey hereby re-enacts and adopts all of the provisions of the Home Rule Charter duly enacted on November 6, 1990, and any amendments made thereafter, and included in this Article.

10.1002 Sales and Use Tax

1. Definitions

All terms as defined in Chapters 57-39.2 and 57-40.2 NDCC, including any future amendments, are adopted by reference. All references to the North Dakota Century Code include amendments adopted by the Legislature of the State of North Dakota. [Reference Prior Ordinance 328 & 330]

2. Sales Tax Imposed

Except as otherwise provided in this Article, a tax of one percent is imposed upon the gross receipts of retailers from all retail sales within the corporate limits of the City of Harvey, North Dakota. Such sales tax shall parallel the State of North Dakota sales and use tax law. All of the exemptions applicable for state sales and use tax law apply to the Harvey sales and use tax including exemptions for tax exempt entities (Schools, counties, state agencies, etc.). Such sales tax shall be applied to the following:

a. Tangible personal property, consisting of goods, wares or merchandise.

b. Communications services.

c. Tickets or admissions to places of amusement or entertainment or athletic events, including amounts charged for participation in an amusement, entertainment, or athletic activity, including the playing of any machine for amusement, or entertainment in response to the use of a coin.

d. Magazines and other periodicals.

e. The leasing or renting of a hotel or motel room or tourist court of accommodations.

f. The leasing or renting of tangible personal property, the transfer of title to which has not been subjected to a retail sales tax under this chapter.

g. Sales of alcoholic beverages and tobacco products as defined in Section 57-39.2-03.2 NDCC.

h. Furnishing and installation of, or attachment to real property in this state by a contractor or a subcontractor who is a retailer of drapes, hardware for hanging drapes, or carpet for floor covering.

3. Use Tax Imposed.

Except as otherwise provided in this chapter, a use tax of one percent is imposed on the storage, use or consumption in the City of Harvey on:

a. The purchase price of tangible personal property purchased at retail for storage, use or consumption within the City.

b. The fair market value of tangible personal property which was not originally purchased for storage, use or consumption in the City, at the time which it is brought into this city.

c. Alcoholic beverages and tobacco products which are stored, used or consumed in this City, as provided in Section 57-39.2-03.2 NDCC.

d. The purchase price of tangible personal property used by a contractor or subcontractor to fulfill a contract as defined in Section 57-40.2-03.3 NDCC. This tax applies only to bids submitted on or after October 1, 1991.

4. Exemptions.

All sales, storage, use or consumption of tangible personal property which are exempt from imposition and consumption of the sales or use tax of the state of North Dakota are specifically exempt from the provisions of this article. In addition to the exemptions provided by state law, the Harvey tax ordinance provides exemptions for sales of natural gas, gross receipts from the sales of farm machinery and agricultural repair parts, automobiles, trucks and pickups, farm irrigation equipment and steam used for the processing of any product.

5. Maximum Tax Imposed.

No single transaction involving one or more items is subject to a tax in excess of Twenty-five ($25.00) Dollars.

6. Contract with State Tax Commissioner.

The City Auditor for the City of Harvey is hereby authorized to contract with the Tax Commissioner for administration and collection of taxes imposed by this chapter. The City Auditor has all powers granted the commissioner and in the absence of a valid contract with the Commissioner or failure of the Commissioner to perform the delegated duties, shall perform these duties in place of the Commissioner.

7. Collection and Administration.

The Tax Commissioner and City Auditor for the City of Harvey shall have the powers enumerated in the provisions of Chapter 57-39.2 NDCC and Chapter 57-40.2 NDCC relating to the collection and administration of the state sales and use tax, including all administrative rules adopted by the Tax Commissioner. The Tax Commissioner is authorized to establish rate tables integrating the tax imposed by this chapter with other state, county and city taxes.

8. Corporate Officer Liability.

Officers of any corporation required to remit taxes imposed by this article are personally liable for the failure of the corporation to file required returns or remit required payments. The dissolution of a corporation shall not discharge an officer’s liability for a prior failure of the corporation to make a return or remit the tax due. The tax, penalty and interest due may be assessed and collected pursuant to the provisions adopted by this Ordinance.

9. Dedication of Tax Proceeds.

All revenues raised and collected under this Ordinance, less administrative expenses, shall be dedicated only to a community development fund. All revenue shall be maintained in the fund, to be known as the Harvey Community Development Fund, separate and apart from all other funds, except as provided by this section.

The revenue contained in such fund shall be used for community and economic development projects. Proposed projects may include economic development and job creation, professional health care recruitment, a Harvey Area Growth Fund, and general infrastructure development, including water, sewage, roads, utilities, and other projects that will enhance job creation.

10. Compensation

City sales and use tax permit holders are allowed to train a portion of their city tax collections or use tax obligation to help recover administrative expenses. This compensation shall equal three percent (3%) of the City sales and use tax due, however, the deduction is limited to $83.33 per month or $250.00 per quarter. A tax return must be filed and paid in full by the scheduled due date or the compensation will be disallowed and the tax obligation will be subject to penalty and interest.

11. Termination.

The tax imposed herein shall terminate or extend upon resolution of the City Council.

12. Option for Continuation.

Ninety (90) days prior to the termination of the sales tax, the City Council will assess the need for continuation. If determined that continuation would be beneficial to the City, the appropriate legal steps will be followed to extend sales tax collections.

10.003 Referendum and Initiative.

1. Article IV of the City of Harvey Home Rule Charter, pertaining to the right of citizens to refer actions of the City Council, and to initiate measures on behalf of the City, is hereby implemented in the following subsections. [Reference prior Ordinance 343]

2. The voters of the City of Harvey shall have the power to refer and initiate ordinances and resolutions, except that the power of initiative and referendum shall neither extend to the annual appropriations ordinance nor to those ordinances or resolutions implementing public projects upon which an election has previously been held, nor shall the power of initiative and referendum extend to special improvement projects carried out under the provisions of the North Dakota Century Code.

3. Initiative petitions must be signed by qualified voters of the City equal to at least 25 percent of the total votes cast in the City at the most recent presidential election.

4. Referendum petitions must be signed by qualified voters of the City equal to at least 20 percent of the total votes cast in the City at the most recent presidential election.

5. Each petition, whether for initiating or referring an ordinance or resolution, shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or referred. In addition, each petition shall list the names of three qualified voters of the City who shall constitute the “Committee for the Petitioners” that shall represent and act for the petitioners.

6. Each petition shall also contain an affidavit signed by the circulation of the petition affirming that the signers thereto are believed by the circulation to be qualified voters of the City of Harvey.

7. Referendum petitions for ordinances must be filed with the City Auditor within 30 days after the second reading of the ordinance referred. Referendum petitions for resolutions must be filed with the City Auditor within 30 days after the passage of the resolution referred.

8. The City Auditor shall decide upon the sufficiency of each petition and shall have 20 days after the petition is filed to certify its sufficiency . A petition shall be deemed sufficient if the City Auditor has not certified to the contrary in said 20-day period. If the City Auditor finds the petition insufficient, he shall notify the “Committee of the Petitioners”, by specifying the insufficiencies and allowing 10 days for correction or amendment, and, only in the case of a petition for initiating an ordinance, for additional signatures within said 10-day period.

9. Upon the filing of a referendum petition, the ordinance or resolution referred, except emergency ordinances or resolutions, as hereafter defined, shall be suspended. Such suspension shall terminate:

a. If the petitions are deemed to be insufficient and not corrected or amended as above provided; or

b. The petitions are withdrawn by the “Committee for the Petitioners”, as provided in subsection (13) of this article; or

c. The City Council of the City repeals the ordinance or resolution; or

d. After 30 days have elapsed after the City election on the referral.

An emergency ordinance or resolution is an ordinance or resolution thus designated by the City Council and passed by a 5/6 vote of such body.

10. Upon the final determination of the sufficiency of the petitions for initiating an ordinance or resolution, the City Council shall have 60 days in which to adopt the proposed ordinance or resolution. If the Council fails to adopt the proposed ordinance or resolution, without any change in substance from that proposed, within the said 60-day period, the City Council shall submit the same to the voters of the City at an election within 180 days after the final determination of the sufficiency of the petition. If no regular City election is held within said time period, the City Council shall provide for a special election; otherwise the vote shall be taken at such regular election.

11. Copies of the proposed ordinance or resolution shall be available at the office of the City Auditor for at least 10 days prior to the election. The ballot shall fairly state a summary of the provisions of the proposed ordinance or resolution and copies of the proposed ordinance or resolution shall be available at the polling places.

12. Upon the final determination of the sufficiency of the petitions for a referendum, the City Council shall cause an election on the referral to be held within 90 days thereafter. The election shall be held at a regular City election if one is scheduled within said time period; if none, then at a special election called by the City Council. The ballot shall fairly state a summary of the ordinance or resolution referred. Copies of the City Auditor for at least 10 days prior to the election.

13. An initiative or referred referendum petition may be withdrawn at any time prior to the scheduling of the election by the City Council upon filing of a request for withdrawal signed by all members of the “Committee for the Petitioners”.

14. If a majority of the qualified voters of the City that vote on an initiated ordinance or resolution vote in its favor, it shall be considered to be adopted upon certification of the election results and shall thenceforth stand the same as if adopted by the City Council. If a majority of qualified voters of the City that vote on referred ordinance or resolution vote against it, such ordinance or resolution shall be considered to be repealed upon the certification of the election results.

15. Any ordinance or resolution adopted pursuant to initiative as by this article provided may not be referred except at a regular City election taking place at least 2 years after the election at which such initiative ordinance or resolution was adopted. The City Council may not repeal or make any material amendment to an initiated ordinance or resolution or to an ordinance or resolution referred and upheld by a majority vote of the qualified voters of the City except by a vote of 5/6 of the members thereof for 10 years, but after which such an ordinance or resolution may be repealed or amended the same way as any other ordinance or resolution.

16. An ordinance or resolution referred and repealed by a vote of the electors as herein provided shall not be reenacted by the City Council before a period of at least 2 years from the date of the referral election.

1.1004 Write-In Candidates

1. Statutory Authority

The Legislature of the State of North Dakota has provided for the establishment and exercise of home rules cities. See N.D. Const. Art. VII, § 6, and NDCC ch. 40-05.1. A city home rule charter extends to all city matters. NDCC § 40-05.1-05. Home rule authority provides the right of self-government in all matters within the powers enumerated in the home rule chapters. NDCC § 40-05.1-06. The City of Harvey Home Rule Charter, in Article III, Section 6, provides the power to provide for all matters pertaining to city elections, except as to qualification of electors. [Reference prior Ordinance 348]

2. Counting of Write-in Votes

An Election Board of the City of Harvey, may NOT COUNT any write-in votes of the following:

a. A person who is required to file a “Certificate of Write-In Candidacy” form and “Intent to Publish Candidacy” form according to this ordinance, but who has failed to file said Certificate form and Intention form and has not been certified as a Write-in Candidate.

b. A fictitious person, nonperson, or person clearly not eligible to qualify for the office of which the vote was cast, such as a person under 18 years old.

c. A statement concerning the candidates, but not an actual vote for any one candidate.

3. File certificate of write-in candidacy and intent to publish candidacy; and list of certified write-in candidates.

Any person who intends to be a write-in candidate at any City of Harvey Elections shall file a Certificate of Write-in Candidacy and the Intent to Publish Candidacy, according to the following terms:

a. Certificate of Write-in Candidacy Form

(1). The Certificate of Write-in Candidacy form shall contain all of the following information:

(a). Name of the Write-in Candidate.

(b). Address

(c). City Position Desired

(d). Affidavit signed by write-in candidate.

(2). The Certificate of Write-in Candidacy form shall be filed with the City Auditor no later than Fourteen (14) days prior to any City election, except an emergency election with notification less than Fourteen (14) days, and then, the candidate shall file the form the day after public notice of the emergency election.

b. Intent to Publish Candidacy Form

(1). The Write-in candidate shall provide proof to the City Auditor of the Notice of Write-in Candidacy which will be published in the official newspaper of the City of Harvey.

(2). The Notice of Write-in Candidacy shall run, at least once, in the public notice section of the official newspaper of the City of Harvey, no later than ten (10) days prior to the City Election.

(3). The Notice of Write-in Candidacy shall contain at least the following format of information to be published in the official newspaper:

“NOTICE OF WRITE-IN CANDIDACY

(Name of candidate) hereby states his/her Intention to run for Election for the office of (Name of office) as a Write-in candidate in the upcoming election, on (date of election).”

c. List of Certified Write-in Candidates

(1). The City Auditor shall inspect both the Certificate of Write-in Candidacy form, and the Intention to Publish candidacy form for timeliness and completeness.

(2). If both forms are timely and complete, and the Candidacy is published in the official newspaper of the City of Harvey, at least ten (10) days prior to the election, then, the candidate shall be placed on the List of Certified Write-in Candidates.

(3). The list of certified write-in candidates, certified by the City Auditor, shall be provided to the Election Board.

NOTE: SAMPLE FORMS ATTACHED FOR WRITE-IN CANDIDATES

CERTIFICATE OF WRITE-IN CANDIDACY FORM

1. NAME:

2. ADDRESS:

3. POSITION DESIRED:

4. AFFIDAVIT OF CANDIDATE:

STATE OF NORTH DAKOTA )

)SS.

COUNTY OF WELLS )

After being duly sworn under oath, I hereby depose and state that the name and address listed above are correct; that I fill out this form because I desire to be Certified as a Write-In Candidate for the Office of , in the City of Harvey, Wells County, North Dakota, to be chosen at the election to be held on , and I hereby request to be placed on the List of Certified Write-In Candidates.

Candidates’ Signature

Subscribed and sworn to before me this day of (month), (year).

(SEAL)

Notary Public

My Commission Expires: Wells County, North Dakota

INTENT TO PUBLISH CANDIDACY FORM

1. PROVIDE A PROOF OF “NOTICE OF WRITE-IN CANDIDACY” BELOW

(Note: you may attach a copy of the newspaper clipping or typed form to be submitted to the newspaper for publication).

2. AFFIDAVIT OF CANDIDATE

STATE OF NORTH DAKOTA )

)SS.

COUNTY OF WELLS )

After being duly sworn under oath, I hereby depose and state that I have submitted the above proof for publication in the official newspaper of the City of Harvey, Wells County, North Dakota, to run at least ten (10) days prior to the election.

Candidates’ Signature

Subscribed and sworn to before me this day of (month), (year).

(SEAL)

Notary Public

My Commission Expires: Wells County, North Dakota

CHAPTER TWO

ORDINANCES

ARTICLE 1 - Procedure

2.0101 Enacting Clause for Ordinances

2.0102 Procedure in Passing Ordinances

2.0103 Yea and Nay Vote on Passage - When Required

2.0104 Reconsideration or Rescinding Vote

2.0105 Publication of Ordinances

2.0106 Effective Date of Ordinances

2.0107 Effect of Repeal

2.0108 Enactment and Revision of Ordinances

2.0109 Action for Violation of Ordinance in Corporate Name - Previous Prosecution, Recovery or Acquittal - No Defense

2.0110 Violation of Ordinance - Citations, When Warrant of Arrest to Issue, or Summons

2.0111 Commitment of Guilty Person for Non-payment of Fines or Costs

2.0112 Costs of Prosecution

2.0113 Judgment of Conviction

2.0114 Refusal to Work

2.0115 Fines and Forfeitures for Violation of Ordinances Paid into Municipal Treasury

2.0116 Deferring or Suspending Sentence

CHAPTER TWO

ORDINANCES

ARTICLE 1 - Procedure

2.0101 Enacting Clause for Ordinances

The enacting clause for every ordinance adopted by the City of Harvey shall be “Be it ordained by the City Council of the City of Harvey.” Such caption, however, may be omitted where the ordinances are published in book form or are revised and digested. (Source: North Dakota Century Code Section 40-11-01)

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 and in appropriating money. (Source: North Dakota Century Code Section 40-11-02)

2.0103 Yea and Nay Vote on Passage - When Required

The yea and nay 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. (Source: North Dakota Century Code Section 40-11-03)

2.0104 Reconsideration or Rescinding Vote

No vote of the governing body shall be reconsidered or rescinded at a special meeting unless at such special meeting there is present as large a number of members as were present when such vote was taken. (Source: North Dakota Century Code Section 40-06-04)

2.0105 Publication of Ordinances

The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment or forfeiture for violation of its provisions after the final adoption of such ordinance, shall be published in one issue of the official paper of the municipality. (Source: North Dakota Century Code Section 40-11-06)

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. (Source: North Dakota Century Code Section 40-11-07)

2.0107 Effect of Repeal

When any ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided.

2.0108 Enactment and Revision of Ordinances

The provisions of Section 40-11-09 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

The executive officer of a municipality may appoint, by and with the advice and consent of the governing body of the municipality, one or more competent persons to prepare and submit to the governing body for its adoption or rejection, an ordinance for the revision or amendment of existing ordinances or for the enactment of new and additional ordinances for such municipality. The attorney for the municipality, if it has an attorney, shall be appointed as one of the persons to prepare and submit such ordinance. The compensation of the reviser or revisers, including that of the attorney, shall be determined by the governing body and shall be paid out of the municipal treasury. Such revision, 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 governing body of the municipality, and shall be valid and effective without publication in a newspaper or posting.

2.0109 Action for Violation of Ordinance in Corporate Name - Previous Prosecution, Recovery or Acquittal - No Defense

The provisions of Section 40-11-10 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any action brought to recover any fine, to enforce any penalty or to punish any violation of an ordinance of any municipality shall be brought in the corporate name of the municipality as plaintiff. A prosecution, recovery or acquittal for the violation of any such ordinance may not constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, notwithstanding that the different claims for relief existed at the time of the previous prosecution and, if united, would not have exceeded the jurisdiction of the court.

2.0110 Violation of Ordinance - Citations, When Warrant of Arrest to Issue, or Summons

The provisions of Section 40-11-11 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

In all actions for the violation of an ordinance, any duly authorized City Police Officer may issue an appropriate traffic citation when said City Police Officer has witnessed the violation of an ordinance, but a warrant for the arrest of the offender may be issued upon the discretion of the City Attorney, and a sworn complaint that an ordinance has been violated and the City Attorney has determined that there are reasonable grounds to believe the person charged is guilty of such violation. Any person arrested under a warrant shall be taken into custody, and or allowed to post bail, pursuant to the terms of the Warrant of Arrest, and then, the person arrested shall appear without unnecessary delay before the proper official to be tried for the alleged offense. If, in the discretion of the City Attorney, only a Summons is necessary for the appearance of the person charged to appear in Court, a Summons may be issued by the City Attorney and/or the Municipal Judge. If a person charged has been served a summons, and then, fails to appear pursuant to the terms of the summons, then, a Warrant of Arrest may be issued for the person charged with the violation of the ordinance.

2.0111 Commitment of Guilty Person for Non-payment of Fines or Costs

The provisions of Section 40-11-12 of the North Dakota Century Code and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in Section 40-18-12. The court may not commit a person under this section when the sole reason for his nonpayment of fine or costs, or both, is his indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of Section 40-05-06.

2.0112 Costs of Prosecution

In every case of conviction of a violation of any ordinance, or any part thereof, or conviction for a violation of a state statute committed within the City of Harvey, the cost of prosecution shall be assessed against the person convicted as part of the punishment. Every Offense committed in the City of Harvey and brought in City Municipal Court shall have a mandatory minimum court cost of $100.00. The City shall also be allowed to request a prosecution fee of $100 per offense committed in the City of Harvey and brought in City Municipal Court if there are applicable fees for going to Court. (Source HB1088)

2.0113 Judgment of Conviction

In all trials for offenses under the ordinances of the City, if the defendant is found guilty, the municipal judge shall render judgment accordingly. It shall be a part of the judgment that the defendant stands committed until such judgment is complied with, and, at the discretion of the municipal court, he may be required to work for the municipality at such labor as the defendant’s strength and health will permit under the provisions of Section 40-18-12 of the North Dakota Century Code.

2.0114 Refusal to Work

Any person refusing to perform manual labor in accordance with the sentence of the court shall be deemed in contempt of court and shall be punished accordingly. No credit shall be allowed such person on account such fines and costs for the date or days that such person refuses to perform manual labor, in accordance with the sentence of the court.

2.0115 Fines and Forfeitures for Violation of Ordinances Paid into Municipal Treasury

All fines, penalties and forfeitures collected for offenses against the ordinances of the City shall be paid into the City’s treasury each month. All fines, penalties and forfeitures collected for violations of State Statutes committed in the City of Harvey, and that are statutorily allowed to be brought in Municipal Court, and are brought in Municipal Court, shall be paid into the City’s treasury each month.

2.0116 Deferring or Suspending Sentence

The municipal judge may, upon the conviction of any person of any offense against any of the ordinances of the City, then and there impose a sentence of imprisonment as may be regulated by such ordinances, or defer imposition of sentence or suspend the sentence imposed on such person for a period of not to exceed ninety (90) days from the date of such conviction. The municipal judge may, during such period, allow the defendant to go upon his own recognizance, or upon such bail as may be regulated by law or the ordinances of the City, or may suspend or defer such sentence upon such terms and conditions as the judge may prescribe. The municipal judge may, at or before the expiration of such period, have the defendant brought before him and commit such defendant or cause such sentence of imprisonment to be then and there imposed.

CHAPTER THREE

PUBLIC PLACES AND PROPERTY

ARTICLE 1 - Construction and Repair

3.0101 Supervision

3.0102 Construction and Repair - Permits

3.0103 Bond

3.0104 Specifications

3.0105 Duty of Owner to Maintain

3.0106 Application for Permit

3.0107 Standards for Issuance of Permit

3.0108 Sidewalks Built to Grade Specifications

3.0109 Materials and Manner of Construction

3.0110 City Contractor

ARTICLE 2 - Use and Care of Streets, Sidewalks and Public Places

3.0201 Obstructions - Penalty

3.0202 Destruction of City Property - Prohibited - Penalty

3.0203 Openings

3.0204 Wires

3.0205 Littering - Prohibited

3.0206 Burning

3.0207 Distributing Hand Bills, Etc.

3.0208 Heavy Vehicles

3.0209 Snow Emergency Declaration

3.0210 Paring on Snow Emergency Route During Prohibition

3.0211 Removal of Snow and Ice

3.0212 Penalty

3.0213 Impounding Vehicles and Equipment

3.0214 Blocking Streets

3.0215 Excavations - Permit

3.0216 Guarding of Excavations and Openings

3.0217 Application for Excavation Permits

3.0218 Fees for Excavation Permits

3.0219 Bond - Excavations

3.0220 Repair - Excavations

3.0221 Manner of Making Excavations - Notice

3.0222 Restoration of Excavations

3.0223 Supervision of Excavation Work

3.0224 City Parks - Hours

3.0225 City Buildings, Equipment and Vehicles - No Smoking

ARTICLE 3 Unclaimed and Abandoned Property and abandoned, Wrecked, Non-operative Vehicles

3.0301 Unclaimed and Abandoned Property - Defined

3.0302 Seizure of Unclaimed or Abandoned Property

3.0303 Holding of Personal Property - Notice of Sale

3.0304 Report of Abandoned Property Sale

3.0305 Bill of Sale - Abandoned Property

3.0306 Proceeds of Sale - Abandoned Property

3.0307 Redemption of Personal Property

3.0308 Annual Report - Unclaimed and Abandoned Property

3.0309 Abandoned, Wrecked, Non-Operative Vehicles - Definitions

3.0310 Abandonment of Vehicles

3.0311 Leaving Wrecked, Discarded or Non-Operative Vehicles, Machines or Equipment on the Street.

3.0312 Wrecked, Non-Operating or Discarded Vehicles, Machines, or Equipment on Property

3.0313 Impounding Authority and Procedure

3.0314 Right to Hearing Regarding Vehicles

3.0315 Authority Regarding Vehicles

3.0316 Removal and Impounding When Sold

3.0317 Impounding - Sale Proceeds

3.0318 Violations Regarding Vehicles

3.0319 Penalties Regarding Vehicles

ARTICLE 4- House Numbering

3.0401 House Numbering Required

3.0402 Numbers on Houses

ARTICLE 5 - Trees - Tree Committee

3.0501 Definitions

3.0502 Tree Committee

3.0503 Authority and Jurisdiction of City Forester

3.0504 Public Nuisances

3.0505 Public Nuisance is Unlawful

3.0506 Inspection and Investigation

3.0507 Abatement of Nuisance in the City

3.0508 Abatement of Nuisance on Private Property

3.0509 Certification as Special Assessment

3.0510 Spraying

3.0511 Transporting Elm Wood Prohibited

3.0512 Interference Prohibited

3.0513 Costs

3.0514 Tree Planting

3.0515 Tree Topping

3.0516 Pruning, Corner Clearance

3.0517 Severability

3.0518 Penalty

CHAPTER THREE

PUBLIC PLACES AND PROPERTY

ARTICLE 1 - Construction and Repair

3.0101 Supervision

All construction maintenance and repair of public streets, alleys, sidewalks and other public ways shall be under the supervision of the city by a designated official. The City designated official shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinance.

3.0102 Construction and Repair - Permits

It shall be unlawful to construct, reconstruct, alter, grade or repair any public street, sidewalk, driveway, curbs or gutters without having first secured a permit therefore, unless said work is approved by a city official. Applications for such permits shall be made to the Auditor and shall state the location of the intended pavement or repair, the extent thereof and the person or firm who is to do the actual construction work. No such permits shall be issued except where the work will conform to the ordinances of the City.

3.0103 Indemnification

Each applicant shall indemnify the City for any loss or damage resulting from the work undertaken or the manner of doing the same.

3.0104 Specifications

All construction, maintenance and repair herein shall be made in conformity with specifications laid down or approved from time to time by the governing body.

3.0105 Duty of Owner to Maintain

It shall be the duty of the owner of any property along which a sidewalk has been constructed to maintain the same in good repair and safe condition. Should any such owner fail so to maintain such sidewalks, the city designated official shall direct him to make such repairs as may be necessary to restore such sidewalk to a safe condition. Should he fail, within 30 days, to follow the directions of the city designated official, the city designated official shall report the facts to the governing body, which shall then proceed as provided in Chapter 40-29 of the North Dakota Century Code.

3.0106 Application for Permit

An applicant for a permit hereunder shall file with the city auditor an application showing:

1. Name and address of the owner, or agent in charge, of the property abutting the proposed work area.

2. Name and address of the party doing the work.

3. Location of the work area.

4. Attached plans or sufficient sketches showing details of the proposed alterations.

5. Estimated cost of the alterations.

6. Such other information as the city engineer or street commissioner shall find reasonably necessary to the determination whether a permit should be issued hereunder.

It shall be an infraction for any violation of these ordinances when there is no specific penalty stated in the chapter or Article, which means that it is possible of a fine up to $500.00.

3.0107 Standards for Issuance of Permit

The city designated official shall issue a permit hereunder when it is determined:

1. That the work will be done according to the standard specifications of the City for public work of like character.

2. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from the property affected and adjacent properties.

3. That the health, welfare and safety of the public will not be unreasonably impaired.

3.0108 Sidewalks Built to Grade Specifications

All sidewalks shall be constructed in accordance wit the elevations and grade therefore to be furnished by the city engineer and shall be constructed under his direction and supervision or under the direction and supervision of the street commissioner. All sidewalks shall meet the following requirements:

1. All sidewalks shall be constructed of concrete.

2. All sidewalks in residential areas shall be constructed not less than five (5) feet in width and shall have a minimum slope one-eighth (1/8) inch per foot from the inside edge toward the street.

3. All sidewalks shall be of concrete (six bag mix/cubic yard) and of at least four (4) inches in thickness. Driveways shall be six bag/cubic yard and at least six (6) inches thick.

4. All sidewalks shall be laid out as follows:

a. In locations where the right-of-way is seventy (70) feet or less the sidewalks shall be constructed on the property line.

b. In locations where the right-of-way is greater than seventy (70) feet the sidewalk shall be constructed eighteen (18) inches out from the property line.

c. In no case in the residential district shall the sidewalk be constructed adjacent to the curb unless right-of-way and topographic features require it.

d. Notwithstanding any other provision herein all sidewalks shall be set out so that they are in conformity with existing sidewalks to which they may attaché.

5. All sidewalks along Lincoln Avenue south of the Minneapolis, St. Paul & Sault Ste. Marie Railway Co.’s right-of-way to Fourth Street shall be ten (10) feet wide; all sidewalks one block east and west from Lincoln Avenue south of Railroad right-of-way shall be eight (8) feet wide. All sidewalks on any other point or street shall not be less than five feet wide.

3.0109 Materials and Manner of Construction

The kind and quality of material which, and the manner in which driveways, curb and gutter, relaying of block walks and paving repairs shall be constructed shall be determined by the city designated official.

3.0110 City Contractor

The city auditor shall receive bids for the construction of sidewalks, driveways, curb and gutter and paving repairs as the City may find necessary to have done. Such bids shall be made upon blanks furnished by the city designated official and shall conform to specifications filed with the city auditor by the city designated official and approved by the governing body.

All sidewalks, driveways, curb and gutter and alley returns lying between the property line and the abutting street hereafter constructed within the City must conform to this chapter, and the specifications filed with the city engineer, and approved by the governing body must specify the details with respect thereto. When any contract for the construction of sidewalks, driveways, curb and gutter, relaying of block walks and paving repairs is about to be entered into by the City in accordance with the provisions of the laws of this state, the contractor to whom any such contract shall be awarded shall be required, before such contract is entered into, to give in addition to the contract bond required by the laws of the State of North Dakota, an additional bond in an amount to be determined by the governing body, running to the City, conditioned that said contractor shall maintain and keep in good repair, for a period of two (2) years, from date of final acceptance all sidewalks, driveways, curb and gutter, and paving repairs so constructed by such contractor under the terms of the contract, and that in case of default under the part of such contractor to so maintain and keep such improvements in good repair made by him for the said period of two (2) years, or in case they shall within said time begin to crumble or disintegrate or become cracked or broken to such extent that, in the opinion of the city engineer, the same is not a satisfactory compliance with the specifications for the construction thereof, then the city engineer may direct that such sidewalks, driveways, curb and gutters or paving repairs be immediately repaired or relaid in whole or in part as he shall deem best, and the contractor shall immediately cause the same to be repaired or failure so to repair or to relay the same, the City at any time within said two- (2) year period or thereafter, may cause the same to be repaired or re-laid, and the cost thereof whether done by the City directly or through a contract, may be recovered against said contractor and the surety upon such bond.

ARTICLE 2 - Use and Care of Streets, Sidewalks and Public Places

3.0201 Obstructions - Penalty

It shall be unlawful for any person, firm or corporation to cause, create or maintain any obstruction of any street, alley, sidewalk, easement, right-of-way, or other public way, except as may be specified by ordinance or by the city engineer or street commissioner.

Any person violating the provisions of this section shall be guilty of an infraction and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).

3.0202 Destruction of City Property - Prohibited - Penalty

It shall be unlawful for any firm, person or corporation to willfully and without just cause or excuse, to injure, deface or destroy any property owned by the City or held by the City for public use. Any person violating the provisions of this section shall be guilty of an offense and be fined not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00) or be imprisoned in the jail for not to exceed thirty (30) days or by both such fine and imprisonment.

3.0203 Openings

It shall be unlawful to construct or maintain any opening or stairway in any public street or sidewalk or alley without a permit from the governing body. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing to be approved by the street commissioner or the city engineer or the official who supervises public improvements.

3.0204 Wires

It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured permissions from the governing body. Franchise ordinances Otter Tail and Midco etc.

Any person or company which maintains poles and wires in the streets, alleys or other public places, shall, in the absence of provisions in the franchise concerning the subject, keep such wires and poles free from and away from any trees and shrubs in such places as far as may be possible, and keep all such trees and shrubs near such wires and poles properly trimmed, subject to the supervision of the Commissioner of Streets and Public Improvements, so that no injury shall be done either to the poles or wires or to the shrubs and trees by their contact.

3.0205 Littering - Prohibited

No person, firm or corporation shall throw or deposit or cause to be thrown or deposited any garbage, glass, bottles, boxes or rubbish of any kind upon any street or alley in the City. (Source NDCC 23-29-05.1)

3.0206 Burning

It shall be unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances in the City, unless approved by the City or Fire Department.

3.0207 Distributing Hand Bills, Etc.

The scattering, throwing or placing of bills, posters, advertising matter, hand bills and other similar items on private premises, sidewalks, streets or other public places in the City must be done in such a manner so as to prevent the items from being blown about these premises, sidewalks, streets or other public places. It shall be unlawful to place them upon any street sign, such as stop signs, utility poles, regulatory poles, etc. Any person or entity violating the provisions of this section shall be guilty of an infraction.

3.0208 Heavy Vehicles

No person, firm or corporation shall move, or cause to be moved over the paved streets, sidewalks, curb and gutter, crosswalks, culverts, bridges and viaducts within the City any engine, tractor, wagon, truck or other vehicle, object or thing which will tend to injure the paving, sidewalks, curb and gutter, crosswalks, culverts, bridges or viaducts over which the same are transported, or which exceeds in weight, 16,000 (usually 16,000) pounds per axle and exceeds 750 (usually 750) pounds per inch of tire widths, or any vehicle to the wheels of which are attached spurs, bars, angle irons or cleats which will tend to mar or deface the paving, sidewalks, curb and gutter, crosswalks, culverts, bridges or viaducts, except under the direction and permission of the governing body and, in addition thereto, shall pay or cause to be paid to said City, upon demand, any and all damages done to the paving, sidewalks, curb and gutter, crosswalks, culverts, bridges or viaducts, provided that when the specified load limits herein contained will cause damage to the City’s paved streets, the governing body by resolution adopted, and made public, may lower said load limits for such period of time it may deem necessary. The provisions of this section shall not apply to state and federal highways through the City.

Any person, firm, or corporation causing injury to any paved streets, sidewalks curb and gutter, crosswalks, culverts, bridges and viaducts within the City for any reason shall be responsible for any and all damages and shall repair or replace the damaged paved streets, sidewalks curb and gutter, crosswalks, culverts, bridges and viaducts as directed by the City.

3.0209 Snow Emergency Declaration

1. When the director of public works or designate determines on the basis of existing weather conditions that a snow emergency declaration is necessary it must be broadcast by the local radio and television station.

2. The declaration must include a list of the snow emergency routes on which a parking prohibition is in effect, unless the declaration is in effect for all designated snow emergency routes, in which case the declaration shall so state. The snow emergency routes are outlined in the City Snow Removal Plan.

3. The snow emergency declaration a parking prohibition are effective until terminated or modified by the director of public works by public announcement.

3.0210 Parking on Snow Emergency Route During Prohibition

1. Following the declaration of a snow emergency and parking prohibition it is illegal to stop or park on any affected route.

2. When a vehicle stalls on a snow emergency route during a parking prohibition the operator has one (1) hour to secure the assistance needed to remove the stalled vehicle.

3. Any vehicle parked, stopped or abandoned on a snow emergency route in violation of this chapter may be impounded by the police department. The owner of the vehicle, whether or not the driver at the time, shall be liable for the storing and towing charges associated with impoundment.

4. In prosecuting parking violations of this chapter, proof that the vehicle listed in the complaint was parked in violation of this chapter and that the Defendant was the registered owner of the vehicle, gives rise to a rebuttable presumption that the Defendant was the person who parked the vehicle in violation of this chapter.

3.0211 Removal of Snow and Ice

1. All property owners within the designated hauling area shall remove snow and ice within 24 hours after the snow falls or ice forms, and keep the sidewalk free of ice and snow. Sand may be used to make the area safe for pedestrian travel if removal of the ice is impracticable.

2. Should snow and ice not be removed in the manner required, it shall be removed under the direction of the director of public works, and costs assessed to the abutting property pursuant to Chapter 40-29 NDCC.

3. All other property owners who are not within the designated hauling area are strongly encouraged to keep the sidewalk clean and unobstructed at all times.

4. A person may not move, dump or deposit, by any means, any snow or ice accumulated on private property or public sidewalks onto any public street or alley, except as otherwise permitted by this section. Snow or ice may be deposited on the public boulevard or area between the edge of the curb or paved surface of a street or alley and the sidewalk or right-of-way boundary if there is no sidewalk.

This subsection does not prohibit the dumping or depositing of snow or ice accumulated on public sidewalks adjacent to streets designated as hauling areas onto streets so designated.

3.0212 Penalty

1. In any case where a citation is issued for the violation of moving, dumping or depositing snow, as stated above in this ordinance, the following fees shall be paid by the offender to the Harvey Municipal Court:

a. First Offense - a fine of fifteen ($15.00) Dollars shall be paid.

b. Second Offense - within a 12 month period, a find of twenty-five ($25.00) dollars shall be paid.

c. Third offense and each subsequent offense - within a 12 month period, a find of forty ($40.00) dollars shall be paid.

2. Violations of illegal parking or stopping could result in the vehicle being impounded, and fines being issued.

3.0213 Impounding Vehicles and Equipment

Whenever any parked automobile, truck, machinery, vehicle or equipment shall be found in any place prohibited by these restrictions, and during the hours as provided herein, the same shall be impounded by the City at a place to be provided and it shall be unlawful for any person, firm or corporation to remove or attempt to remove any truck, automobile, machinery, vehicle or equipment from the place where impounded without first paying the cost of such impounding. Vehicles that are parked in violation on emergency snow removal routes may be immediately impounded to facilitate any snow removal.

3.0214 Loitering

No driver of any vehicle shall stop the same on any street, avenue, lane or alley of the City in such a manner as to hinder or prevent other vehicles or persons from passing at all times, unless in case of absolute necessity, nor shall any driver of any vehicle stop the same at any regular crossing of said street, alley, lane or avenue, so as to prevent the free passage of persons traveling or passing on foot.

It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:

Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon, and thereto.

3.0215 Excavations - Permit

It shall be unlawful for any person, firm or corporation, except public utilities which have received a franchise from the City, to tunnel under or to make any excavation in any street, alley or other public place in the City without having obtained a permit as is herein required, or without complying with the provisions of this article or in violation of or variance from the terms of any such permit.

3.0216 Guarding or Excavations and Openings

It shall be unlawful for any person within the City limits to leave or keep open, uncovered or unguarded any cellar door, pit, grating, vault or other subterranean passage opening from, into or upon any street, alley or sidewalk, or upon any private property if not suitably guarded.

3.0217 Application for Excavation Permits

Applications for excavation permits shall be made to the Auditor, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefore, and the person, firm or corporation doing the actual excavating work and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.

3.0218 Fees for Excavation Permits

The fee for excavation permits shall be: $100.00.

3.0219 Bond - Excavations

No excavation permit shall be issued unless and until the applicant therefore has filed with the Auditor a bond in the sum of ten thousand dollars ($10,000.00), conditioned to indemnify the City for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavations. Such bond shall have as surety a corporation licensed to do business in the state as a surety company.

3.0220 Repair - Excavations

In the event that Excavations require Repair work, to insure the proper restoration of the area, the City may choose to charge for the actual repair costs, or the City may choose to allow the contractor to complete the repairs. From the Bond shall be deducted the expense to the City of relaying the surface of the ground or pavement and of making the refill if this is done by the City or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored. Contractors or private individuals with large excavations will need to complete repair work as the City does not have equipment to lay large quantities of asphalt or concrete.

3.0221 Making Excavations - Notice

It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefore. Proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.

No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the City department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. Notice shall be given as required by Chapter 49-23 of the North Dakota Century Code.

No unnecessary damage or injury shall be done to any tree to shrub or the roots thereof.

3.0222 Restoration of Excavations

Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or other public place in the City shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.

Any opening in a paved or improved portion of a street shall be repaired and the surface re-laid by the applicant, in compliance with the ordinances of the City and under the supervision of the street commissioner or city engineer.

The owner and/or contractor shall be responsible for any and all costs, expenses for restoration for up to one (1) year from the date of completion of the excavation project..

3.0223 Supervision of Excavation Work

The street commissioner or the city engineer shall from time to time inspect or cause to be inspected, all excavations and tunnels being made in or under any public street, alley or other public place in the City to see to the enforcement of the provisions of this article. Notice shall be given to him at least ten (10) hours before the work of refilling any such tunnel or excavation commences.

3.0224 City Parks - Hours

All City parks shall have established hours of public access. Notice of the same may be published in the official newspaper or posted at the public parks. Any variance from the hours of use shall be under special permission granted by the Park Board.

3.0225 City Buildings, Equipment and Vehicles - Smoking

Smoking is not permitted in City buildings, equipment and vehicles.

ARTICLE 3 Unclaimed and Abandoned Property and Abandoned, Wrecked, Non-Operative Vehicles

3.0301 Unclaimed and Abandoned Property - Defined

Personal property left upon the streets, alleys or other public ways in the City shall be deemed to be unclaimed or abandoned within the meaning of this article when the same is permitted to remain in any one place upon said streets, alleys or other public ways for a period of ten (10) days or more.

3.0302 Seizure of Unclaimed or Abandoned Property

Whenever any unclaimed or abandoned personal property is found upon the streets, alleys or other public ways of the City, the same shall be seized and possession thereof taken by any police officer, street commissioner or other officer of the City.

3.0303 Holding of Personal Property - Notice of Sale

Abandoned personal property shall be held by the City for a period of not less than sixty (60) days after its seizure as provided herein, and after the expiration of said sixty (60) days the city auditor shall cause notice to be published in the official newspaper of said City, said notice specifying and stating the description of the property so seized and held, the location of the place where the same was seized or taken by said City, and a further notice that said property will be sold at public auction, to the highest bidder for cash, not less than ten (10) days from and after the date of the publication of such notice and the hour, date and place where said sale will be held. If prior approval is obtained from the governing body such unclaimed or abandoned property may be sold at a community auction provided that the chief of police or a police officer shall be responsible for the notice and reporting requirements of this article.

3.0304 Report of Abandoned Property Sale

At the time specified in said notice the said property shall be sold by the chief of police of the City or by any police officer designated by him, at public auction, to the highest bidder for cash and within three (3) days after the date of said sale, the officer making the sale shall make a report thereof to the governing body. The report shall contain the description of the property sold, the time and place of the sale, the name or names of the purchaser or purchasers and the amount received therefore. The report shall be made under oath and subscribed by the officer making such sale and shall be filed with the city auditor within three (3) days after the date of such sale. The officer upon filing the report shall pay to the city auditor the proceeds of said sale.

3.0305 Bill of Sale - Abandoned Property

Upon the receipt of the report as specified in Section 3.0304 hereof, the city auditor shall prepare a bill of sale of the property sold conveying the same to such purchaser and the same shall be executed by the presiding officer of the governing body and attested by the city auditor and delivered to the purchaser.

3.0306 Proceeds of Sale - Abandoned Property

The city auditor shall retain such money as is received from such sales in a separate account for a period of six (6) months from and after the time of such sale and if proceeds of such sale are not claimed as hereinafter provided by the owner of said property, the said money shall thereupon be transferred to the general fund of the City.

3.0307 Redemption of Personal Property

Any person owning such personal property seized as aforesaid, may at any time prior to the sale thereof, upon furnishing satisfactory proof of his ownership thereof to the governing body, reclaim such property upon paying the expenses incurred by the City for the seizure, storage or advertising the sale thereof and any person owning such property as aforesaid may at any time within six (6) months after such sale and upon making satisfactory proof to the governing body of his ownership thereof, claim the proceeds of such sale, upon payment to the City of the necessary expenses incurred by the City for the seizure, storage and sale of said property.

3.0308 Annual Report - Unclaimed and Abandoned Property

The chief of police prior to June 1 of each year shall submit to the city auditor a written list of all unclaimed and abandoned property held by the City which as not been sold pursuant to the provisions of this article. The city auditor shall bring such list to the attention of the governing body at the next regular meeting.

3.0309 Abandoned, Wrecked, Non-Operative Vehicles - Definitions

1. “Person” The term “person” shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

2. “Vehicle” The term “vehicle” shall mean a machine or equipment propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property or pull machinery, and shall include without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, machines and various equipment.

3. “Street, Highway or Public Property” The term “Street, Highway or Public Property” shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of public for purposes of vehicular travel, recreational purposes or other municipal use.

An

4. “Property” The term “Property” shall mean any real property within the City or any City property within or without the corporate limits which is not a street or highway.

5. “Police Department” The term “Police Department” shall mean the Chief of Police of the City of Harvey, any member of the police force, or authorized representative thereof.

6. “Abandoned Vehicle” The term “Abandoned Vehicle” shall mean any vehicle which has remained on the property for a period of 72 hours, or more, without the consent of the owner or occupant of the property, or for a period of 72 continuous hours or more after the consent of the owner or occupant has been revoked.

7. “Junk” The term “Junk” shall mean vehicles, machinery, remnants or castoff parts thereof, or materials of any kind, whether or not the same could be put to any reasonable use.

8. “Junk Vehicles” The term “Junk Vehicles” shall mean any motor vehicle which is not licensed for use upon highways of the state for a period in excess of 60 days, and shall also include, whether licensed or not, any motor vehicle, machine or equipment, which is inoperative for any reason, including such vehicles as are being used for parts in the repairing or restoration of another vehicle for a period in excess of 30 days; provided there are excepted from this definition unlicensed but operative vehicles, which are kept as the stock in trade of regularly licensed and established new and used vehicle dealer.

9. “Antique Automobiles” The term “Antique Automobiles” shall mean a motor vehicle which is at least 40 years old and is permanently licensed by the Registrar of Motor Vehicles upon the payment of a license fee required by Section 39-04-43 North Dakota Century Code, and Amendments thereof.

10. “Special Interest Vehicle” shall mean a motor vehicle which is at least 10 years old and which has not been altered or modified from original manufactures’ specifications and, because of its historic interest, is being preserved by hobbyists.

11. “Seized Vehicle” shall mean that a vehicle was parked in violation of a parking ordinance as an immediate hazard, and/or in violation of an emergency snow removal route, and/or violation of 4 or more parking citations, and the vehicle was towed and impounded.

3.0310 Abandonment of Vehicles:

No person shall abandon any vehicle, machine, equipment or scrap metal within the city or on city property within or without the corporate limits, and no person shall leave any vehicle, machine, equipment or scrap metal at any place within the city, or on city property within or without the corporate limits, for such time, or under such circumstances, as to cause the vehicle, machine, equipment or scrap metal reasonably to appear to have been abandoned.

3.0311 Leaving wrecked, discarded or nonoperating vehicles, machines or equipment on street:

1. Parking Violation

No person shall leave any partially dismantled, discarded, non operative, wrecked or junk vehicles, machine or equipment on any street or highway within the city or on city property within or without the corporate limits of the City of Harvey.

2. Impound Notice of Parking Violation

The police department is hereby authorized to remove, or have removed, any vehicle machine, equipment or scrap metal left at any place within the city, or on any city property within or without the corporate limits, which reasonably appears to be in violation of this ordinance, such vehicle, machine, equipment or scrap metal shall be impounded until lawfully claimed or disposed of in the manner hereinafter provided and shall be retained until the expense of removal, storage and impounding is paid, together with the amount of any fine, cost balance or other claims of the city against the owner, or any other person lawfully entitled to the possession thereof. Provided, however, that any vehicle, machine, equipment and scrap metal left at any place other than on city property shall not be removed and impounded as provided herein until the police shall have given written notice to remove and impound such vehicles within 10 days and of the intention of the police department to remove and impound such vehicles if it has not been removed at the end of such time. Such notice shall be given by:

(1) affixing notice on such vehicle, machine, equipment or scrap metal,

(2) sending notice by mail to the owner of such item or article at his last known address if the owner is reasonably ascertainable, and

(3) by sending notice by mail to the person owning or controlling the property on which such vehicle, machine, equipment or scrap metal is located.

3.0312 Wrecked, nonoperating or discarded vehicles, machines, or equipment on property:

No person in charge or control of any property other than city property within the city, either as owner, tenant, occupant, leasee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle, machine or equipment to remain on such property longer than 30 days, and no person shall leave any such items or articles on any property other than city property within or without corporate limits for longer than 72 hours; except that this ordinance shall not apply with regard to any vehicle, machine or equipment in an enclosed building or sheltered from public view by another acceptable method; an operating vehicle on the premises of business enterprise operating in a lawful place and manner, when necessary to the lawful operation of such enterprise, antique automobiles or special interest vehicles.

3.0313 Impounding Authority and Procedure

1. Impounding Authority

The police department is hereby authorized to remove, or have removed, any vehicle machine, equipment or scrap metal left at any place within the city, or on any city property within or without the corporate limits, which reasonably appears to be in violation of this ordinance, such vehicle, machine, equipment or scrap metal shall be impounded until lawfully claimed or disposed of in the manner hereinafter provided and shall be retained until the expense of removal, storage and impounding is paid, together with the amount of any fine, cost balance or other claims of the city against the owner, or any other person lawfully entitled to the possession thereof. Provided, however, that any vehicle, machine, equipment and scrap metal left at any place other than on city property shall not be removed and impounded as provided herein until the police have followed the Parking Violation Tows Procedure.

2. Parking Violations Tows Procedure:

a. When a Vehicle is parked in violation of a parking ordinance, and it is an immediate hazard, the officer shall immediately impound that vehicle.

b. When a vehicle has accumulated four (4) or more parking citations that have not been paid, and at least two (2) of these citations are over 72 hours old, and the vehicle presently is in violation of the parking ordinance, the vehicle shall be immediately impounded.

c. When an officer finds an automobile in violation of the parking ordinance requiring vehicles be moved every 72 hours, the officer shall mark the vehicle in such a manner as to be able to come back and check to see if the vehicle has been moved. At least 48 hours later, the officer shall return, and if the vehicle was not moved, a tow sign shall be placed on the vehicle.

d. When a tow sign has been placed on a vehicle, a diligent effort shall be made to find the owner and have it moved. If the owner cannot be located after 24 hours, the vehicle shall then be towed.

e. Vehicles that are parked in violation on emergency snow removal routes may be immediately impounded to facilitate snow removal.

f. All violation tows shall require that a citation to be issued, and the violation may result in fines, and may result in the vehicle being impounded, and the vehicle being sold if not reclaimed after being impounded.

3.0314 Right to Hearing regarding Vehicles

Any person aggrieved by such immediate impoundment, Notice of Impoundment, or Tow Sign, shall have the right to a hearing before the City Council concerning the removal and impoundment of such vehicles, machine, equipment and scrap metal, by notifying the City Council, in writing, within ten (10) days from the date of the impoundment, Notice, or Tow Sign. Upon notification to the City Council within the time herein provided, such Notice of Impoundment shall be held in abeyance until such hearing. Upon notification to the City Council within the time herein provided, a hearing will be held upon the immediate impoundment, and/or Tow Sign. If the City Council determines it is appropriate, the vehicle could be released without further cost for the towing fees, and impoundment fees, and/or if the vehicle only received a Notice of Impoundment the vehicle will not be towed, but the Municipal Court shall determine whether or not there is a parking violation if a citation has been issued, and then, the Municipal Court shall determine the appropriate penalties thereof for the citation.

3.0315 Authority regarding Vehicles

The chief of police, or any member of the police department, or authorized representative thereof, is hereby authorized to enter upon private property at all reasonable hours for the purpose of inspecting such vehicles, machinery, equipment or scrap metal, posting notice thereon, and removing and impounding such item and article. It shall be unlawful for any person to prevent or attempt to prevent, a member or representative of the police department from entering onto private property for the purpose of carrying out the purposes of this ordinance, or to interfere with him in a lawful performance of his duties under the provision of this ordinance.

3.0316 Removal and Impounding - When Sold:

If any vehicle, machine, equipment or scrap metal found in violation of this ordinance is not reclaimed and redeemed by the true owner, or the person lawfully entitled to the possession thereof, with any period of 11 days after impounding, any article or personal property described in the above sections of Chapter 3 may be sold and disposed of by the police department in the manner hereinafter provided. Notice that such property will be sold, the time and place of sale, and shall be signed by the chief of police. Any such sale shall be held between the hours of 9:00 o’clock in the morning and 5:00 o’clock in the afternoon of the day specified in the notice. Such sale shall be held at the front door or the building filed in the notice. Such sale shall be held at the front door of the building where the official city offices are located, or at the location of the property to be sold. Any sale may be postponed or discontinued by public announcement at the time of the sale where there are no bidders, or where the amount offered is grossly inadequate, or for such other reasonable cause. The city may become a purchaser at such sale a certificate of purchase of such property.

3.0317 Impounding - Sale Proceeds:

Within 10 days after such sale the person making the sales shall prepare in writing, and file with the city auditor, a full report of sale, specify property sold, the amount received therefore, the amount of costs and expenses, and disposition made by him of the proceeds of the sale. The proceeds arising from such sales shall be delivered to the City treasurer and credited to the general fund of the city.

3.0318 Violations regarding Vehicles

Each day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such.

3.0319 Penalties regarding Vehicles

Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than $10.00 and not more than $25.00, for each offense. Further, the owner of the vehicle that has had a vehicle impounded may be subject to having that vehicle sold if said vehicle is not reclaimed.

ARTICLE 4 - House Numbering

3.0401 House Numbering Required

All lots, buildings and structures in the City shall be numbered.

3.0402 Numbers of Houses

It shall be the duty of the owner and occupants of every house in the City to have placed thereon, in a place visible from the street, figures at least two and one-half (2 ½) inches high, showing the number of the house.

ARTICLE 5 – Trees – Tree Committee

3.0501 Definitions:

For the purpose of this Article, the following terms, phrases, words, and their deviations shall have the meaning given herein.

1. “City” is the City of Harvey, State of North Dakota and shall mean all parks, airport, land fill and lagoon.

2. “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.

3. “Streets” means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular and pedestrian traffic.

4. “Boulevard” means the space between the sidewalk, or the normal location of the sidewalk and the curb line or curb.

5. “Width of Boulevard” means the distance between the sidewalk, or the normal location of the sidewalk and the curb line or curb.

6. “Property lines” means the outer boundaries of any lot or parcel of land.

7. “Property Owner” means the person owning such property as is shown by the Wells County, North Dakota, Register of Deeds.

8. “Public Trees” are all shade and ornamental trees now or hereafter growing on any public right-of-way or in any public place or park.

3.0502 Tree Committee

1. A tree committee is hereby created and shall be composed of one (1) member of the Harvey City Council appointed by the mayor, one (1) member of the Harvey Park Board to be appointed by that body, and three (3) other members to be appointed by the Harvey City council.

Group I. For a term of one (1) year: the three (3) members

Group II. For a term of two (2) years: The City Council member and the Park Board Member.

Annually thereafter, Group I and Group II shall be reappointed alternately.

The duties of the Tree Committee shall be to advise and to aid in the coordination of the tree care programs in the City of Harvey, on properties controlled by the City of Harvey, City Forester, County Extension Agent, District Conservationist for SCS, shall be ex-officio members of the Tree Committee.

The members of the Tree Committee shall serve without compensation.

2. City Forester position is hereby created to be filled by appointment by City Council in consultation with Tree Committee.

3.0503 Authority and Jurisdiction of the City Forester:

1. The authority and jurisdiction of the City Forester shall be as follows:

The City Forester shall have the authority and jurisdiction, through the Board, to regulate the planting, maintenance, protection, and removal of all trees on streets and other public places, to ensure safety, or preserve the esthetics of such streets and public places.

2. The City Forester shall have the authority to make known, with the approval of the Tree Committee, the rules and regulations of the Arboriculture Specifications and Standards of Practice governing the planting, maintenance, protection, and removal of trees, as specified on the streets and public areas of the City of Harvey.

3. The City Forester shall have the authority to supervise all work done under any permit, issued in accord with the terms of this ordinance.

3.0504 Public Nuisances:

The following conditions are public nuisances whenever they may be found within the City of Harvey:

1. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi, and which harbors any of the elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes, or other tree species infected by a disease determined a nuisance by the City Tree Committee.

2. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed or chipped and buried in a city land fill during the part of the year, April 1 to October 14, each year.

3. Any tree, shrub or hedge, or part thereof, growing upon public property or upon private property but overhanging or interfering with the use of any public walk, street or highway, park, or public place within the City of Harvey, which in the opinion of the majority of the Tree Committee, endangers the life, health, safety or property of the public, shall be declared a public nuisance.

3.0505 Public Nuisance is Unlawful

It is unlawful for any person to willfully permit any public nuisance as defined in Section 3.0504 to remain on any premises owned or controlled by him within the City, such nuisance may be abated in the manner prescribed by this ordinance.

3.0506 Inspection and Investigation:

1. The Forester, under the direction of Tree Committee, shall inspect all premises and places within the City annually, and at other necessary times, to determine whether any condition described in section 4 exists therein.

2. The inspection shall determine all hazards as specified in Section 3.0504. The owner shall be notified in writing of the existence of the nuisance and given a reasonable time for its removal.

3. The Tree Committee or City Forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to it under this ordinance.

4. It shall be up to the Tree Committee or City Forester to determine if a laboratory diagnosis of suspect Dutch elm diseased tree or other diseased tree is necessary. A field evaluation will usually be adequate unless there is some question about the tree being diseased or if the landowner requests that a sample be sent into the lab.

5. The Tree Committee or City Forester upon finding a suspect Dutch elm diseased tree, immediately shall take and send appropriate specimens or samples to a qualified plant disease diagnostician. No action to remove suspect trees or wood shall be taken until positive diagnosis of the disease has been made.

6. Within five days of receipt of the diagnosis, the owner of the property from which the specimen was obtained shall be notified by City forester if the result by mail.

3.0507 Abatement of Nuisance in the City of Harvey:

1. In abating the nuisance on public streets, alleys, boulevards, public ways and private property as defined in Section 3.0504 (1) and 3.0504 (2), the City of Harvey shall cause the infected tree or wood to be removed or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with the latest technical and expert method and plans as may be designated by the Commissioner of Agriculture of the State of North Dakota. The Tree Committee shall establish specifications for tree removal and disposal methods consistent therewith.

2. In abating tree hazards on public property as defined in Section 3.0504(3), the City Forester shall cause such hazards to be removed and disposed in accordance with tree care specifications which the Committee shall accept, the cost to be assessed as defined in Section 13.

3.0508 Abatement of Nuisance on Private Property:

1. Whenever the Tree Committee or City Forester finds with reasonable certainty that the Dutch Elm or other disease defined in Section 3.0504(1) exists in any tree or wood located on private property, outside of any public way in the City, he shall notify the owner or person in control of any public way in the City, he shall notify the owner or person in control of such property on which the nuisance is found by mail within five (5) days of receipt of the diagnosis. The tree committee shall direct that the diseased tree be removed and effectively treated in a manner approved by the Committee within ten (10) days after receipt of such notice. If such owner cannot be found, a copy of said notice shall be posted upon said infected tree. If said tree is not removed and/or treated as specified within ten (10) days after posting of the notice, the City of Harvey shall remove and/or treat said tree. The owner or person in charge may be charged with a violation of this ordinance for maintaining a nuisance and that the City may abate the nuisance, the cost to be assessed as defined in Section 3.0513.

2. The nuisance as defined in Section 3.0504(3) shall be abated by the owner following notification of the existing nuisance. If not corrected or removed within the time allotted, the Tree Committee shall authorize the removal or correction to be done in accordance with recommended procedures, the property owner to bear the cost.

3.0509 Certification as Special Assessment

1. The City Auditor shall keep in the City Office a book called “Nuisance Abatement, Special Assessment Book” and shall enter the cost of the abatement of a nuisance as declared by the City Council therein as the nuisance was abated, with the name of the owner.

2. At the regular meeting of the City Council in October of each yeah, the City Council shall review all such assessments and hear all such complaints against the same and approve the same as finally a list of the lots and parcels of land specifically assessed for such purpose, and the sum shall be collected as other city taxes are collected.

3.0510 Spraying:

1. Whenever the Tree Committee or the City Forester determines that any elm tree or part thereof is infected with Dutch Elm disease fungus and is in a weakened condition, he may cause all elm trees within a 1,000 foot radius thereof to be treated with an effective elm bark beetle destroying concentrate as recommended by the State Entomologist.

2. Whenever the Tree Committee or City Forester determines that other diseases or insects pose a problem, it may cause all trees to be

3. In order to facilitate the work and minimize the inconvenience to the public of any treating operation conducted under this ordinance, the Tree Committee or City Forester shall cause to be given in advance public notice of such operations by newspaper, radio, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be treated at least 24 hours in advance.

4. When appropriate warning notices have been given and posted in accordance with subsection (3) of this section, he City shall not allow any claim for damages to any vehicle damaged by such treating operations.

5. When trees on private property are to be treated, the City Forester shall notify the owner of such property and proceed in accordance with the requirements of this ordinance.

3.0511 Transporting elm wood Prohibited:

It shall be unlawful for any person to transport within the City any bark bearing elm wood between April 1 and October 15, without having obtained a permit from the City Forester. The Forester shall grant such permits only when the purpose of this ordinance shall be served thereby.

3.0512 Interference Prohibited:

It shall be unlawful for any person to prevent, delay or interfere with the Tree Committee or City Forester while it is engaged in the performance of duties imposed by this ordinance.

3.0513 Costs:

The costs for abating of the public nuisances as defined in Section 4 shall be borne as follows:

1. For the abatement of the nuisance as defined in Section 3.0504(1) and with the nuisance occurring on public trees and on park district lands, the cost will be borne by the City of Harvey.

2. For the abatement of the nuisances defined in Section 3.0504(2), the costs shall be borne as defined in Section 3.0504(1).

3. For abatement of the nuisance as defined in Section 3.0504(3), and the nuisance occurring on public trees and on park district lands, the cost will be borne by the City of Harvey.

When the nuisance occurs on any street, alley, boulevard or other public way, the cost shall be borne by the property owner adjoining the street, alley, boulevard or public way.

4. The cost of spraying for abatement of the nuisance as defined in Section 3.0504(1) and 3.0504(2) shall be borne by the City of Harvey when the nuisance is on public trees and on park district land. The cost of spraying on private property shall be borne by the property owner.

5. The cost of tree planting for replacement of diseased trees on public property will be borne by the respective government body owning the property.

6. All permits relating to this ordinance will be issued at no cost fee.

7. The cost of the diagnostic test stated in Section 6(d) shall be borne by the property owner.

13.0514 Tree Planting:

1. The office of the City Forester shall issue permits to plant trees on public parkways and berms and alleys in accordance with Section 3.0503(2)

2. The planting on private premises within the City of Harvey of those selections and species of the Genus Populus producing the pistillate flowers and bearing the cotton filled seed capsules shall be considered a public nuisance and is hereby declared unlawful.

3. (a) That the boulevard to be planted has been brought to the final grade.

(b) In new plantings, the trees will be planted no closer than three (3) feet to the curb line or closer than four (4) feet to any sidewalk or the normal location of the sidewalk from the curb line to the curb. In old plantings, the trees shall be planted in line with existing old trees situated in the block.

©) That the planting will be completed in the season stated on the permit, and not later than ninety (90) days after the date the permit is issued.

(d) That the species of trees to be planted shall be Summit Green Ash, Block Ash, European Mountain Ash, Hop Hornbeam, Horsechestnut, Common Hackberry, Native Bur Oak, Patinore Ash, American Linden, Silver Queen Maple, Honeylocust, Mayday, Snowy Mountain Ash. Other species of trees may be planted with the approval of the City Forester.

(e) That the Planting of trees shall not be closer than four (4) feet to any sidewalk or the normal location of the sidewalk from the curb line or curb on any street corner intersection or closer than five (5) feet to any alley entrance or exit.

(f) That the trees to be planted will not be less than twenty (20) feet apart. Smaller species may be planted less distance apart with the approval of the City Forester.

(g) Unless otherwise allowed for specific reasons, that all trees shall have comparatively straight trunks, well developed leaders and tops and that all trees must be free of insects, diseases, medical injuries, and other objectionable features at the time of planting.

(h) That the boulevard to be planted is not less that seven (7) feet in width.

(I) On private property, all trees, shrubs, or hedges planted must be set back a minimum of three (3) feet from all property lines.

4. Prohibited species. The following trees may not be planted on the parkways, berms or boulevards of Harvey:

Cottonwood and poplar, Siberian elm, American Elm, Willow and Conifers.

In order to achieve certain landscape effects, the City Forester may at time use trees not generally recommended.

3.0515 Tree Topping:

1. It shall be unlawful as a normal practice for any reason, firm or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

2. Exemptions are made to subsection 1 of this section in the event of an emergency condition, as determined by the public instead of indiscriminate topping where overhead wires are a problem.

3.0516 Pruning, Corner Clearance:

1. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of sidewalk and twelve (12) feet above street.

2. Visibility at intersections in residential districts, refer to Zoning Ordinance which states: In any corner lot in any residential district, nothing shall be erected, placed, or allowed to grow in such manner as materially impedes vision between a height of twenty-four (24) inches and eight (8) feet within thirty (30) feet of the intersecting curb line of the intersection.

3.0517 Severability:

In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affection and other sections of this ordinance shall continue in full force and effect.

3.0518 Penalty:

In the event that any person, firm or corporation violates any provision of the above ordinance sections they will be subject to revocation of their license and a fine not to exceed $500.00 and thirty days (30) in jail or both.

CHAPTER FOUR

FIRE PROTECTION AND PREVENTION

ARTICLE 1 - Organization and Regulation of the Fire Department

4.0101 Establishment of Fire Department

4.0102 Supervision by Fire Chief

4.0103 Volunteer Fire Department

4.0104 Officers of Fire Department

4.0105 Chief of Fire Department - Powers of

4.0106 Duties of Fire Chief

4.0107 Fire Chief to Report New Equipment Needed

4.0108 Police Powers of Fire Department

4.0109 Unlawful to Hinder Fire Department

4.0110 Right of Way - Fire Department Vehicles

4.0111 Driving Over Fire Hoses

4.0112 False Alarms of Fire

4.0113 Taking Fire Equipment

4.0114 Entering Fire Department

4.0115 Fire Department Service Outside Corporate Limits

ARTICLE 2 - Fire Limits

4.0201 Fire Limits

4.0202 Fire Limits - Erection of Buildings Within

4.0203 Alterations and Additions in Fire Limits

4.0204 Inspection of Premises, Materials, Discovery, Order

4.0205 Repairs to Damaged Buildings

ARTICLE 3- Fires in Public Places

4.0301 Smoking - Setting Fires

4.0302 Notice - Smoking Ordinance

4.0303 Bonfires Prohibited - Exception

4.0304 Hot Ashes and Other Dangerous Materials - Depositing of

4.0305 Open Burning Prohibited

4.0306 Reports of Hotel or Apartment Fires

ARTICLE 4 - Fire Prevention

4.0401 Adoption of Fire Code

4.0402 Amendments, Additions and Deletions Made in ND State Fire Code

4.0403 Appeals from Decisions of Fire Chief or Building Inspector

ARTICLE 5 - Firearms, Fireworks and Explosives, and Weapons

4.0501 Firearms not to be Furnished to Minors

4.0502 Exploding Firearms

4.0503 Blank Cartridges, Pistols, Etc. - Manufacture, Use and Sale of

4.0504 Fireworks Defined

4.0505 Fireworks - Discharging of, Sale of

4.0506 Exceptions to Fireworks Restrictions

4.0507 Loaded Firearm Prohibited

4.0508 Knives

ARTICLE 6 - Adoption of Electrical Code

4.0601 Electrical Code Adopted

ARTICLE 7 - Penalty for Violation of this Chapter

4.0701 Penalty - Violations of Fire Protection and Prevention Chapter

CHAPTER FOUR

FIRE PROTECTION AND PREVENTION

ARTICLE 1 - Organization and Regulation of the Fire Department

4.0101 Establishment of Fire Department

There is hereby created and established a fire department, and if hereto created, such department is hereby continued, consisting of a chief and such other members of said fire department as may from time to time be provided for by the governing body. Members shall be appointed in the manner provided by law.

4.0102 Supervision by Fire Chief

The fire chief shall have control, subject to the order and direction of the City governing body, of the fire department and all fire apparatus belonging to the City. Whenever any fire apparatus needs repairing, the fire chief shall cause the same to be done without delay.

4.0103 Volunteer Fire Department

The fire department of the City shall be composed of volunteer firemen who shall receive reasonable compensation and/or reimbursement as set by the fire department.

4.0104 Officers of Fire Department

The officers of the volunteer fire department of the City shall consist of a chief of the fire department and an assistant chief of the fire department, who shall be duly elected from the membership of said department and approved by the City governing board, plus such other officers as the members thereof deem necessary. Said officers are to be elected in January of each year.

4.0105 Chief of Fire Department - Powers of

The chief of the fire department shall be a competent and experienced fireman who shall have entire charge and control of the department at all fires. He shall further have charge, supervision and control over all property, equipment and supplies of the fire department entrusted to his care during his tenure of office.

4.0106 Duties of Fire Chief

The fire chief shall have the following duties and powers, and authority to appoint persons to comply with these duties:

1. To keep records. The chief of the department shall cause to be kept, in books for that purpose, a full and complete record of the organization of the department, its membership, the respective positions held by the firemen in the department, vacancies, appointments and dismissals, and of all notices issued by the department, and of all its transactions, of all fires occurring in the City, and the cause thereof when ascertainable, of the time lost by firemen, and of all property placed in his charge, and all expenditures made by his order and shall keep such other books and records as shall be required in the department, and such books shall always be open to the inspection of any member of the governing body.

2. To command and control. It shall be the duty of the chief of the department to preserve order and discipline at all times in the department, and to require and force a strict compliance with the ordinances of the City relating to his department and the rules and regulations pertaining thereto. At all fires he shall have sole and absolute control and command over all persons connected with the fire department of the City.

3. To make reports. The chief of the fire department shall report when required to do so to the City governing body. The chief of the fire department shall file reports on fires to the state fire marshal as required by North Dakota Century Code Section 18-01-06.

4. To make annual inventory. The chief of the fire department shall, during the month of January in each year, make a complete itemized list and report of all property under his charge and belonging to the City, stating its condition. He shall also report as to such new apparatus or supplies as in his judgment may be needed to properly maintain his department.

5. To prepare a budget. To prepare a budget of the whole cost and expense of providing for and maintaining the fire department of the City during the succeeding fiscal year.

6. To keep property in good condition. To keep property in good condition to see that all apparatus and property committed to his care and the several buildings or portions thereof, are kept clean and in good sanitary condition.

7. To have charge of alarm system. To have charge of alarm systems of the City, in conjunction with the City.

8. To control crowds at fires. The chief of the fire department may prescribe limits in the vicinity of any fire within which no persons, except those who reside therein, firemen and policemen, and those admitted by his order.

9. To order removal of property, when. To order the removal of property, whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire, or to protect adjoining property.

10. To command assistance. To command assistance from persons in attendance at any fire, not members of the fire department, for the extinguishing of fires.

11. To prescribe badge and uniform. To prescribe the badge and uniform to be worn by the members of the department.

4.0107 Fire Chief to Report New Equipment Needed

Whenever, in his judgment it is necessary, the fire chief or other representative of the fire department shall meet with and render a report to the City governing board as to the supplies, new apparatus and equipment that are needed for the efficient operation of this department.

4.0108 Police Powers of Fire Department

All members of the fire department of the City, while on active duty, shall have the powers of the policemen on duty and are authorized to arrest any person or persons who shall interfere or attempt to interfere with or to hinder any member of the department in the performance of his duty.

4.0109 Unlawful to Hinder Fire Department

It shall be unlawful for any person to prevent, interfere with or in any manner hinder the fire department, or any member thereof, while engaged in the discharge of duty at a fire, or to disobey any lawful command of the chief or acting chief of the department.

4.0110 Right of Way - Fire Department Vehicles

Any engine, truck or apparatus belonging to the fire department shall, going to or returning from a fire, have the right of way in all streets, alleys and public places over any wagon, street car, automobile or other vehicle of any kind whatsoever, and any person in charge of any such vehicle must stop the same when necessary to permit any engine, truck or apparatus of the fire department to pass without hindrance or delay.

4.0111 Driving Over Fire Hoses

No person shall drive any team, wagon, cart, street car, railroad car, steam engine, automobile or other vehicle of any kind whatsoever, upon or over any hose belonging to the fire department while the same is laid in the streets and alleys of the City.

4.0112 False Alarms of Fire

It shall be unlawful for any person knowingly to give or cause to be given any false alarm of fire, or to give or cause to be given, while a fire is in progress, a second or general alarm for the same fire, or tamper with or set off any fire alarm or signal box with like intent; or tamper, meddle or interfere with any such fire alarm box; or intentionally cut, break, deface or remove any such box, or any of the wires or supports thereof, connected with the fire alarm system or intentionally interfere with or injure any property of any kind belonging to or used by the fire department; or hinder or delay any apparatus or equipment or vehicle belonging to the fire department.

4.0113 Taking Fire Equipment

No person shall take, receive or attempt to receive or take from the possession and control of any member of the fire department, any of the apparatus, tools or property belonging to said department, without the written consent of the chief of the fire department.

4.0114 Entering Fire Department

No person shall occupy any rooms in any building which are used by the Fire Department or enter such rooms or handle any apparatus used by the fire department without permission.

4.0115 Fire Department Service Outside Corporate Limits

Members of the fire department are authorized to go outside the corporate limits of the City for the purpose of rendering aid to other fire departments or of extinguishing fires or rendering aid in the case of accidents upon orders of the chief of the fire department, the assistant chief or presiding officer of the City governing body. Where the City has undertaken by contract to render service to property outside the corporate limits, the fire department may leave the corporate limits in the fulfillment of such contract.

ARTICLE 2 - Fire Limits

4.0201 Fire Limits

All those parts of the City which have been zoned for commercial or industrial use or that may hereafter be so zoned. All those parts of the City shall comply with the ND State Building Code, unless the City Governing Body shall grant a permit or variance.

4.0202 Fire Limits - Erection of Buildings Within

No buildings or parts of any buildings shall be erected within the fire limits unless the construction meets the provisions of the North Dakota State Building Code. Outbuildings may be erected of any other material, not necessarily of fireproof qualities, by obtaining a permit from the City governing board upon application therefore which may be granted or refused in the City governing board’s discretion. The city governing board, at their discretion, may deviate from the building code if conditions or circumstances warrant it such as: distance a proposed structure is from the property line or other structures-- or if it has an adequate sprinkler system.

4.0203 Alterations and Additions in Fire Limits

Within the fire limits no buildings or structure of frame construction or of unprotected metal construction shall be hereafter extended on any side unless the construction of such extension conforms to all requirements of this article for new construction. All ordinary construction buildings and all frame buildings hereafter built or altered in which the lower stories or portions thereof are used for business, and the stories above for residence purposes shall have all partitions and ceilings separating the business portions from the residence portions covered with metal lath and plaster or other equivalent fireproofing material.

4.0204 Inspection of Premises, Materials, Discovery, Order

The building official, or chief of fire department, or other designated official, shall as often as practical, inspect all buildings or structures during construction for which a permit has been issued to see that the provisions of law are complied with and that construction is prosecuted safely. All building materials shall be of good quality and shall conform to generally accepted standard specifications. Whenever in his opinion, by reason of defective or illegal work in violation of a provision of this article the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.

4.0205 Repairs to Damaged Buildings

Without prior approval by the Governing Body, it shall be unlawful to repair any existing frame building within the fire limits after the same has been damaged by any cause to fifty percent (50%) of its value, and any existing frame building damaged by fire otherwise over fifty percent (50%) of its value shall be torn down and removed.

ARTICLE 3 - Fires in Public Places

4.0301 Smoking - Setting Fires

Any person who, by smoking or attempting to light or to smoke cigarettes, cigars, pipes or tobacco in any manner, in which lighters or matches are employed who shall in any careless, negligent or reckless manner whatsoever, whether willfully or wantonly or not, set fire to any furniture, curtains, drapes, household fittings or furnishings whatsoever in any hotel, public rooming house, tenement house or any public building, so as to endanger life to property in any way or to any extent shall be guilty of violating this article.

4.0302 Notice - Smoking Ordinance

A plainly printed notice shall be posted in a conspicuous place in each sleeping room of all hotels, public rooming houses, lodging houses and other places of public assemblage within the City advising tenants of the provisions of this chapter.

4.0303 Bonfires Prohibited - Exception

No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the City except upon approval of the chief of the fire department or the City of Harvey under proper safeguards as may be directed. Permission may be granted only on condition that carries an obligation on the part of the grantee to keep a sufficient safe control of said fire and to be responsible for all damages therefrom, and that all resultant embers shall be extinguished and the hot ashes removed or wet down at the close of said fire.

4.0304 Hot Ashes and Other Dangerous Materials - Depositing of

Ashes, smoldering coals or embers, greasy or oily substances and other matter liable to spontaneous ignition shall not be deposited or allowed to remain within ten (10) feet of any combustible materials or construction made up of combustible materials, except in metal or other non-combustible receptacles. Such receptacles shall be placed on non-combustible stands, unless resting on a non-combustible floor or on the ground outside the building, and shall be kept at least two (2) feet away from any combustible wall or partition. Ashes shall not allowed to be mixed with or deposited with regular garbage that will be disposed of by the City Sanitation Department.

4.0305 Open Burning Prohibited

No person shall kindle, maintain or burn any garbage or other refuse either openly or in containers.

4.0306 Reports of Hotel of Apartment Fires

Every fire of any kind, and from whatever source, occurring in or about any hotel, rooming house, lodging house or apartment building in the City shall be reported immediately to the fire department.

ARTICLE 4 - Fire Prevention

4.0401 Adoption of Fire Codes

The City hereby adopts the ND State Fire Code and any Amendments.

4.0402 Amendments, Additions, and Deletions Made in ND Fire Code

The City hereby incorporates all of the Amendments, Additions and Deletions as made in the ND State Fire Code

4.0403 Appeals from Decisions of Fire Chief or Building Inspector

Whenever the chief of the fire department shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the City governing body within thirty (30) days from the date of the decision of the appeal.

ARTICLE 5 - Firearms, Fireworks and Explosives, and Weapons

4.0501 Firearms not to be Furnished to Minors

It shall be unlawful for any person, firm or corporation to sell or rent firearms to minors within the limits of this City.

4.0502 Exploding Firearms

It shall be unlawful for any person or persons to fire or discharge within the city limits of this City, any cannon, gun, fowling piece, pistol or other firearms (including BB guns, spring and air guns and paint ball guns) of any description without the written permission of the City governing board which permit shall limit the time of such firing and be subject to revocation by the City governing board at any time after being granted. Provided, however, that nothing in this section shall be construed to apply to the firing of any gun or other firearms when done in cases of actual necessity or in the performance of lawful duty or by militia companies or veterans’ organizations when on parade.

4.0503 Blank Cartridges, Pistols, Etc. - Manufacture, Use and Sale of

No person except a licensed dealer shall manufacture, use, sell or keep for sale within the City any blank cartridges, pistols, blank cartridge revolver or other blank cartridge firearms, blank cartridge caps containing dynamite or firecrackers exceeding three (3) inches in length and exceeding one-half (½) inch in diameter.

4.0504 Fireworks Defined

As used in this article, the term “fireworks” means any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by explosion or detonation and includes blank cartridges, toy cannons and toy canes in which explosives are used, firecrackers, torpedoes, sky rockets, roman candles, daygo bombs or other fireworks of like construction, and any containing any explosive or compound, or any tablets, or other device containing any explosive substance and commonly used as fireworks. The term “fireworks” shall not include toy pistols, toy guns in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, and toy pistol caps which contain less than twenty-five hundredths of a grain of explosive composition per cap. (Source: North Dakota Century Code Section 23-15-01)

4.0505 Fireworks - Regulations

1. Hours and Days of Sale

Pursuant to 23-15-01 of the North Dakota Century Code, fireworks may be sold by any person, firm or corporation having a retail license, as provided by 23-15-04 of the North Dakota Century Code, to any person of twelve (12) years of age or older, during the period commencing June 27 and ending July 5, both dates inclusive, and only between the hours of 8:00 o’clock a.m. and 10:00 o’clock p.m.

2. Hours and Days of Use

May be used or exploded within the Corporate Limits of the City of Harvey only during the period commencing June 27 and ending July 5, both dates inclusive, and only between the hours of 9:00 o’clock a.m. and 11:00 o’clock p.m., except for the day of July 4, when fireworks ma be used or exploded until 12:00 a.m. Persons under twelve (12) years of age may not use or explode any fireworks unless they are under the direct supervision of a parent or guardian or other responsible adult.

3. Bottlerockets

The use or explosion of fireworks commonly known as bottlerockets” within the Corporate Limits of the City of Harvey is strictly prohibited.

4. Penalty

Any person, firm or corporation violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment,

5. Saving Clause

Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional, or invalid for any reason, the remainder of this Ordinance shall not be affected thereby.

4.0506 Exceptions to Fireworks Restriction

Nothing in this article shall be construed to prohibit the sale or use of fireworks to airplanes, railroads and other transportation agencies for signal purposes or illumination or the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

4.0507 Loaded Firearm Prohibited

1. Definitions

a. A “Loaded Firearm” for these purposes means a firearm in which one (1) or more bullets or other ammunition is physically within the weapon itself, irrespective of whether the firing chamber is occupied by a bullet or other ammunition.

b. “Possession” A person possesses a firearm on his person for purposes of this article if the weapon does not fall to the ground because it is directly or indirectly attached to , resting upon, or is grasped by some portion of the body (including appendages) of the person who possesses it.

c. “Possession Within Control” A person possess a weapon within his/her control for the purposes of this article if:

(1) The weapon is not possessed on his person or the person of any other individual; and

(2) Its proximity to him along with the surrounding physical circumstances are such that as a matter of right and without the consent of another person he can readily obtain possession of the weapon on his person. IT shall be an Affirmative Defense to a charge involving the element of “possessing a weapon within his control” that the Defendant did not have the capacity to obtain possession of a firearm on his person at the time of the offense charged because it was within a securely locked container or other restricted space to which he did not then possess a key or other means of entry.

2. Loaded Firearm; When prohibited

a. No person shall knowingly possess on his person or shall possess within his control a loaded firearm:

(1) On a public street, thoroughfare, or other public property except as provided in subsection (b) hereof.

(2) On private property without the consent of the owner of the private property or person lawfully in charge thereof.

b. Paragraph (1) of subsection “a.” shall not apply if the firearm is a sidearm and the person in possession thereof has been issued a permit under state law, and the permit explicitly, or the showing made to gain the permit by implication, indicates that the permitting authority contemplated that the permittee be allowed to carry a loaded sidearm on the streets and in public places as when, for example, a permit is issued to an armored car guard.

4.0508 Knives

1. No person shall knowingly possess an unsheathed or uncased knife on his person:

a. On public streets, thoroughfares or other public property;

b. On premises licensed for the sale of alcoholic beverages at retail;

c. Places of public accommodations or public assembly; or

d. On private property without the consent of the owner of the private property or the person lawfully in charge thereof.

2. No person shall possess a knife with a blade larger than three (3) inches on premises licensed for the retail sale of alcoholic beverages.

ARTICLE 6 - Adoption of Electrical Code

4.0601 Electrical Code Adopted

There is hereby adopted the laws and regulations and wiring standards of North Dakota adopted by the State Electrical Board.

ARTICLE 7 - Penalty for Violation of this Chapter

4.0701 Penalty - Violations of Fire Protection and Prevention Chapter

Any person who shall violate any provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the governing body or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not to exceed thirty (30) days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

CHAPTER FIVE

POLICE DEPARTMENT

ARTICLE 1 - Organization and Regulations

5.0101 Establishment

5.0102 Additional Officers - Emergency

5.0103 Duties of Chief

5.0104 Rules and Regulations

5.0105 Duties of Police - General

5.0106 Duties of Police - Hot Pursuit - Defined

5.0107 Duties of Police - Service of Process, Etc.

ARTICLE 2 - Powers and Duties

5.0201 Money or Property of Arrested Persons

5.0202 Arrested Persons

5.0203 Stolen, Abandoned, Lost Property

5.0204 Traffic Administration

5.0205 Witness Fees and Mileage of Municipal Police Officers

ARTICLE 3 - Miscellaneous

5.0301 False Alarms - Interference

5.0302 Right of Way

CHAPTER FIVE

POLICE DEPARTMENT

ARTICLE 1 - Organization and Regulations

5.0101 Establishment

The police department heretofore created for the City and by this chapter continued shall consist of the chief of police and as many police officers as may be authorized by the governing body.

5.0102 Additional Officers - Emergency

In case of riot or unusual or general disturbances of the peace, the chief of police shall have the power to appoint such other and additional police officers as deemed necessary for the preservation of the public peace.

5.0103 Duties of Chief

The chief of police shall be the keeper of any city jail and shall have custody of all persons incarcerated therein, providing a jailer at all times when there is somebody incarcerated therein. The chief of police shall keep such records and make such reports concerning the activities of the department as may be required by statute or by the governing body. The chief shall be responsible for the performance by the police department of its functions and all persons who are members of the police department shall serve subject to the orders of the chief of police. The chief of police shall have the authority to administer oaths to police officers under the chief’s supervision.

5.0104 Rules and Regulations

The chief of the police department may make or prescribe rules and regulations for the department. Such rules, when approved by the governing body, shall be binding on members of the department. Such rules and regulations may cover, besides the conduct of the members, uniforms and equipment to be worn or carried, hours of service and all other similar matters necessary or desirable for the better efficiency of the department.

5.0105 Duties of Police - General

It shall be the duty of the police department, and each and every member of the police force, to notice and diligently inquire into and report to the chief of police all violations of the city ordinances or the criminal laws of the state, to make complaint against the person or persons guilty thereof and to attend punctually all trials of offenses in regard to those complaints.

Within the City limits and for a distance of one and one-half (1 ½) miles in all directions outside the City limits, police officers shall perform the duties and exercise the powers of peace officers as defined and prescribed by the laws of the State of North Dakota. (Source: North Dakota Century Code Section 40-20-05)

5.0106 Duties of Police - Hot Pursuit - Defined

A police officer in “hot pursuit” may continue beyond the one and one-half (1 ½) mile limit to make an arrest, in obedience to a warrant or without a warrant under the conditions of Section 29-06-15 of the North Dakota Century Code, whenever obtaining the aid of peace officers having jurisdiction beyond that limit would cause a delay permitting escape. As used in this subjection, “hot pursuit” means the immediate pursuit of a person who is endeavoring to avoid arrest. (Source: North Dakota Century Code Section 40-20-05)

5.0107 Duties of Police - Service of Process, Etc.

Police officers shall serve and execute any warrant, writ, process, order or notice issued to them by a municipal judge within the City in any civil or criminal action or proceeding in which the City is a party or is interested beneficially. The police, within the limits prescribed in this section, may serve and execute all writs and process issued by justices in civil actions. In addition to the duties set out in this section, the police shall perform such other duties as may be prescribed by the chief of police and governing body. (Source: North Dakota Century Code Section 40-20-05)

ARTICLE 2 - Powers and Duties

5.0201 Money or Property of Arrested Persons

It shall be the duty of the police department, and of each and every member of the police force, to safely keep all moneys or property which may be found on the person, in possession of or claimed by any person arrested for crime and pay or deliver over the same by the order of the municipal judge, and forthwith after taking the same, to report in writing the kind and amount thereof to the municipal judge.

5.0202 Arrested Persons

Any police officer after making any arrest, with or without a warrant, for any violation of City ordinances shall take the person or persons so arrested, without any unreasonable delay, before the municipal judge to be dealt with according to law and the ordinances of the City.

5.0203 Stolen, Abandoned, Lost Property

The chief of police shall have the custody of all lost, stolen or abandoned property recovered in the City and shall make a report concerning such property as provided by Section 3.0308 of these ordinances.

5.0204 Traffic Administration

The police department shall have such duties concerning enforcement, investigation, record keeping and other matters concerning traffic administration as are more fully set forth in Article 2 of Chapter 9 of these ordinances.

5.0205 Witness Fees and Mileage of Municipal Police Officers

Police officers of the City shall be entitled to be paid the witness fees and mileage expenses, when not using a city vehicle, allowed by law for other witnesses while off duty when such officers are subpoenaed to testify in actions involving the City. Said police officers shall submit vouchers for the above payment in accordance with 1.0704 and 1.0705 of these ordinances.

ARTICLE 3 - Miscellaneous

5.0301 False Alarms - Interference

No person shall give or cause to be given, or make, or place or cause to be given, any false report, call or communication of any kind to the police or any false police alarm with intent to deceive; or tamper with or set off any police alarm or signal box with like intent; or tamper, meddle or interfere with any such police alarm box or intentionally cut, break, deface or remove any such box, or any of the wires or supports thereof, connected with the police alarm system; or intentionally interfere with or injure any property of any kind belonging to or used by the police department; or hinder or delay any apparatus or equipment or vehicle belonging to the police department.

5.0302 Right of Way

Any motor vehicle or motorcycle of the police department shall, when going to or returning on business of the department, have the right-of-way upon giving an audible signal by bell, siren, exhaust whistle or flashing light. The driver of any other vehicle shall drive to the nearest right-hand curb or edge of the road, stop and remain until the police vehicle shall have passed.

CHAPTER SIX

ZONING ORDINANCE

ARTICLE 1 - Title and Purpose

6.0101 Zoning Ordinance of the City of Harvey

6.0102 Purpose

ARTICLE 2 - Planning and Zoning Commission

6.0201 Planning and Zoning Commission Created

6.0202 Terms, Compensation, Meetings

ARTICLE 3 - Definitions

6.0301 Definitions

ARTICLE 4 - Official Zoning Map Provisions

6.0401 Establishment of Districts

6.0402 Official Zoning Map

6.0403 Replacement of Official Zoning Map

6.0404 Rules for Interpretation of District Boundaries

ARTICLE 5 - General Provisions

6.0501 General Provisions

ARTICLE 6 - R-1 Single Family District

6.0601 Statement of Intent

6.0602 Use Regulations

6.0603 Height

6.0604 Areas

6.0605 Dwelling Standards

6.0606 Construction Standards

ARTICLE 7 - R-2 Multiple Family District

6.0701 Statement of Intent

6.0702 Use Regulations

6.0703 Height

6.0704 Areas

6.0705 Dwelling Standards

6.0706 Construction Standards

ARTICLE 8 - MH Mobile Home District

6.0801 Statement of Intent

6.0802 Definition

6.0803 Uses Permitted

6.0804 Density

6.0805 Lot Dimensions

6.0806 Lot Coverage and Placement of Mobile Homes

6.0807 Lot Restrictions

6.0808 Mobile Home Park Requirements

6.0809 Mobile Home Park Restrictions

6.0810 Dwelling Standards

6.0811 Mobile Home Subdivision

ARTICLE 9 - C Commercial District

6.0901 Statement of Intent

6.0902 Permitted Uses

6.0903 Conditionally Permitted Uses

6.0904 Height

6.0905 Area

6.0906 Multiple Family Structures

6.0907 Curb-cutting

6.0908 Commercial Property Outside Lincoln Avenue Business District

ARTICLE 10 - IHC Industrial/Heavy Commercial District

6.1001 Statement of Intent

6.1002 Permitted Uses

6.1003 Prohibited Uses

6.1004 Areas

ARTICLE 11 - PUD Planned Unit Development District

6.1101 Statement of Intent

6.1102 Permitted Uses

6.1103 Ownership Requirements

6.1104 Minimum Areas

6.1105 Subdivision Regulations

6.1106 Administrative Procedure

ARTICLE 12 - A Agricultural District

6.1201 Statement of Intent

6.1202 Permitted Uses

6.1203 Conditionally Permitted Uses

6.1204 Dimensional Standards

ARTICLE 13 - Ball Park Addition and Millennium Addition Zoning

6.1301 Definitions

6.1302 Dwellings Permitted

6.1303 Supplement to Existing Zoning

ARTICLE 14 - Moving Permits

6.1401 Definitions

6.1402 Permit Required

6.1403 Application for Permit - Issuance Requirements

6.1404 Movers Bond Required

6.1405 Application: When Considered

6.1406 Permit: Form, Execution, and Fee

6.1407 Damages: Liability For

6.1408 Penalties

ARTICLE 15 - Off-Street Parking and Loading Regulations

6.1501 Automobile Parking Space Required

6.1502 Plans Approval Required

6.1503 Design Standards

6.1504 Reduction in Parking Space

6.1505 Joint Use of Parking Facilities

6.1506 Special Permit - Residential Parking Lot

6.1507 Off-Street Loading Facilities

ARTICLE 16 - Additive Provisions

6.1601 Accessory Buildings

6.1602 Signs

6.1603 Fences, Walls, Hedges, and Plantings

6.1604 Sizes of Items

ARTICLE 17 - Adult Entertainment Centers

6.1701 Adult Entertainment Center Regulations

ARTICLE 18 - Hazardous Materials

6.1801 Statement of Intent

6.1802 Definitions

6.1803 Location

6.1804 Transportation of Explosives and/or Flammable Materials

6.1805 Regulation of Vehicles and Drivers

6.1806 General Regulations

6.1807 Regulation of Storage Tanks or Flammable and/or Volatile Liquids

6.1808 Police Powers Defined

6.1809 Penalty

ARTICLE 19 - Nonconforming Uses

6.1901 Nonconforming Uses

ARTICLE 20 - Hazardous Wastes

6.2001 Hazardous Wastes

ARTICLE 21 - Building Permits: Certificate of Compliance: Use Permits

6.2101 Building Permits, Compliance, Use Permits

ARTICLE 22 - Community Unit Plans

6.2201 Community Unit Plans

ARTICLE 23 - Enforcement Officer

6.2301 Enforcement Officer

ARTICLE 24 - Board of Adjustments

6.2401 Establishment of Board of Adjustments

6.2402 Proceedings of Board of Adjustments

6.2403 Appeals, Notices, Hearings

6.2404 Stay of Proceedings

6.2405 Powers and Duties of Board of Adjustments

6.2406 Variance Criteria

6.2407 Cancellation of Variances

6.2408 Appeals from the Board of Adjustments

ARTICLE 25 - Violations, Remedies, Complaints and Penalties

6.2501 Public Nuisance Per Se

6.2502 Remedies

6.2503 Complaints Regarding Violations

6.2504 Penalties for Violation

ARTICLE 26 - Conditional Uses

6.2601 Statement of Intent

6.2602 Who May Apply

6.2603 Application Required

6.2604 Public Hearing and Notification

6.2605 Planning Commission Consideration

6.2606 Report to City Council

6.2607 Commission Action

6.2608 Amended Conditional Use Permit

6.2609 Criteria Conditional Use Permit

ARTICLE 27 - Amendments

6.2701 Purposes

6.2702 Initiation of Amendments

6.2703 Preapplication Conference

6.2704 Application for Amendment

ARTICLE 28 - Fees

6.2801 Fees

CHAPTER SIX

ZONING ORDINANCE

ARTICLE 1 - Title and Purpose

6.0101 Zoning Ordinance of the City of Harvey

This Ordinance shall be known and may be cited and referred to as “The Zoning Ordinance of the City of Harvey, North Dakota,” to the same effect as if the full title were stated.

6.0102 Purpose

The purpose of this Ordinance is to provide for a legal method of controlling the use and development of land so as to yield the greatest benefits to All people in the community; to protect the physical environment and the individual property owner by preventing land use conflicts and stabilizing property values; to guide future development; to provide use, height and area regulations; to prevent congestion on roads and highways; to protect historic and scenic area; to provide adequate open space for light and air; to secure safety from fire, panic and other dangers; to prevent undue concentration of population; to facilitate adequate provisions for utilities and facilities such as transportation, water, sewage, schools, parks and other public requirements; and to promote the health, safety and general welfare of the public.

ARTICLE 2 - Planning and Zoning Commission

6.0201 Planning and Zoning Commission Created

There is hereby created a planning and zoning commission consisting of five (5) members to be appointed by the City of Harvey Mayor, with the approval of the City Council. The Mayor, the Engineer and City Attorney shall be ex-officio members thereof. The Planning and Zoning Commission shall recommend that boundaries of various districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings before making a final report regarding various districts. Such commission shall also hold hearings and make reports and recommendations as to the supplements and changes in boundaries and regulations. (Source: North Dakota Century Code Section 40-47-06, and Section 40-48-03)

6.0202 Terms, Compensation, Meetings

The terms of the members, their compensation, and meetings shall be as provided by State Law and Resolution of the City Council. (Source: Chapter 40-48 of the North Dakota Century Code).

ARTICLE 3 - Definitions

6.0301 Definitions

For the purpose of the Ordinance certain terms and words are hereby defined. Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular. The word “building” shall include the word “structure,” the word “lot” shall include the word “plot,” and the word “shall” is mandatory and not directory. The words “used” or “occupied” shall include the words “intended,” “designed,” or “arranged” to be used or occupied. The word “person” shall include a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

1. ACCESSORY USE or STRUCTURE: A subordinate building or use which is located on the same lot on which the main building or use is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

2. ACREAGE: Any tract or parcel of land which has not been subdivided or platted

3. ADULT BOOKSTORE: An enclosed building having as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by the emphasis on matter depicting less than completely and opaquely covered human genitals, public region, buttocks, or female breast below a point immediately above the top of the areola.

4. ADULT CINEMA: An enclosed building used on a regular basis for presenting materials or other visual images by way of direct or indirect projection, which materials are distinguished or characterized by an emphasis on the depiction of less than completely or opaquely cover human genitals, public region, buttocks, or female breast below a point of the areola.

5. ADULT ENTERTAINMENT CENTER: An adult bookstore or adult cinema, or both.

6. ALLEY: A minor street providing vehicular service access to the back or the side of two or more properties, which is not less than 20 feet nor more than 40 feet in width and provides only a secondary means of access to abutting property.

7. AMENDMENTS: Any change, revision or modifications of the text of this ordinance, district boundaries or the district zoning map in order to meet changing conditions within the community.

8. ANIMAL HOSPITAL OR CLINIC: An establishment where animals are admitted principally for examination, treatment, board and care by a doctor of veterinary medicine.

9. APARTMENT: A room or suite of rooms in a multiple family structure which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

10. AUTOMOBILE CAMP: Land or premises used or occupied for compensation by campers traveling by automobile or otherwise occupied by trailer coaches or movable dwellings. Rooms or sleeping quarters of any kind.

11. AUTOMOBILE REPAIR: General repair, engine rebuilding or reconditioning of motor vehicles, collision services, such as body frame or fender straightening and repair; and overall painting of motor vehicles.

12. AUTOMOBILE SERVICE STATION: A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles are retailed directly to the public on the premises, and including minor accessories and services for automobiles but not including automobile repair and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

13. AUTO WRECKING AND JUNK YARD: Any place where two more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, and any land, building or structure used for wrecking or storage of such motor vehicles or parts thereof stored in the open and not being restored to operating condition, including the commercial salvage of any other goods, articles or merchandise.

14. BASEMENT: A story partly or wholly underground. Where more than one-half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for height measurements.

15. BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used in an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.

16. BOARDING HOUSE: A building other than a hotel or restaurant, where meals are provided for compensation for four or more persons, but not exceeding twelve (12) persons.

17. BUILDING: Any structure having a roof supported by columns or walls and designed or intended for the shelter, enclosure and protection of people, animals or chattels.

18. BUILDING AREA: The building area of a lot; i.e., the space remaining after the mean open space requirements of the ordinance have been complied with.

19. BUILDING HEIGHT: The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof; in the case of a flat roof to the height of the exterior wall; to the deck line of the mansard roof; and to the mean height level between caves and ridge of a gable, hip or gambrel roof, provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

20. BUILDING LINE: For the purpose of this ordinance the building line is the same as the front yard setback line.

21. BUILDING WIDTH: The horizontal distance from one side of a structure to the other side at the widest point.

22. CARPORT: A structure attached or made a part of the main structure which is open to the weather on at least two (2) sides and intended for the use of sheltering not more than two (2) motor driven vehicles.

23. CHILD CARE FACILITY: Any facility, other than an occupied private residence, which is licensed by the Department of Human Services to provide supplemental parental care on a regular basis to eight or more children.

24. COMMERCIAL AGRICULTURE: The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including but not limited to the following:

a. Field crops, including: barley, soybeans, corn, hay, oats, potatoes, rye, wheat, sunflower, and sugar beets.

b. Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals including dogs, ponies, and rabbits.

c. Livestock products, including: milk, butter, cheese, eggs, meat, fur, and honey.

25. CONDITIONAL USE: A use which is not appropriate generally or without restriction throughout a zoning district, but which, if controlled promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses are permitted in a zoning district as a conditional use if specific provision for such uses is made in the zoning district regulation.

The following uses of land or structures, or both, may be permitted within any “Use District”, subject to the provisions of applicable sections of this ordinance:

1. Helicopter landing field.

2. Area for the dumping or disposal of trash or garbage.

3. Bus terminal, railroad passenger station, or any other transportation terminal facilities.

4. Churches and accessory buildings used for religious teaching.

5. Excavation of gravel, sand or other raw materials.

6. Golf course, public or private.

7. Hospital or sanitarium.

8. Institutions for the case of the insane or feeble-minded.

9. Medical facilities such as chiropractic, dental, and eyes, ears, nose, and throat specialists.

10. Municipal or privately owned recreation building or community center.

11. Nursery schools, day nurseries and child care centers, provided there is a minimum of one hundred (100) sq. ft. of outdoor play area for each child to be cared for and that the play area is fenced and screened with plantings from an adjoining lot in any “R” district.

12. Police stations, fire stations, or buildings for storage of municipal equipment.

13. Public administration buildings, auditoriums, gymnasiums, or other publicly owned structure.

14. Parking area, public.

15. Public utility facilities, i.e., filtration plant or pump station, heat or power plant, transformer station and other similar facilities.

16. Radio and television antenna towers, commercial.

17. Railway right of way.

18. School, public or private.

19. Telephone exchange.

26. CONDOMINIUM: Individual ownership of a unit in a multiple dwelling structure.

27. CONVENIENCE ESTABLISHMENT: Small establishments designed and intended to serve the daily or frequent trade or service needs of immediately surrounding medium to high density population. Such establishments include groceries, coin-operated laundry and dry-cleaning agencies, tailoring and dressmaking shops, beauty shops, barber shops, and the like. Specifically excluded are gas stations and repair garages, drive-in eating and drinking establishments and liquor establishments

28. COURT: An open occupied space other than a yard on the same lot with a building and bordered on two (2) or more sides by such building.

29. DISTRICT: A section, or sections, of the incorporated area of the city for which the regulations and provisions governing the use of buildings and land are uniform for each class of uses permitted therein.

30. DWELLING: A building, or portion thereof, designed exclusively for residential occupancy including one-family, two family and multiple family dwellings, but not including hotels, boarding or rooming houses.

31. DWELLING UNIT: One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities

32. DWELLING, 0NE-FAMILY: A detached building designed exclusively for occupancy by not more than one (1) family.

33. DWELLING, TWO-FAMILY: A building containing two dwelling units designed exclusively for occupancy by not more than two (2) families living independently of each other.

34. DWELLING, MULTIPLE; A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Condominiums are considered multiple dwellings for the purpose of this ordinance.

35. DWELLING, ROW; A row of three (3) to six (6) attached one-family dwellings, not more than two and one-half (2 ½) stories in height, nor more than two (2) rooms deep.

36. ESSENTIAL SERVICES; The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead telephone, gas, electrical, steam, communication, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signal, hydrants, and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such public utilities or municipal departments or commissions to the residents of the City of Harvey.

37. EXTRATERRITORIAL ZONING JURISDICTION; Unincorporated lands outside the city limits of Harvey over which the City has the zoning authority.

38. FAMILY; An individual, or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

39. FEEDLOT; A confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal waste may accumulate but not including barns, pens, or other structures used in a dairy farm operation.

40. FLOOD OR FLOODING; A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters and or

2 The unusual and rapid accumulation or runoff of surface waters from any source.

41. FLOOD HAZARD AREA; The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The flood hazard areas are identified by the Federal Emergency Management Agency in its Flood Hazard Boundary map.

42. FLOOD AREA, GROSS; The total area of all the floors of a building as measured to the outside surfaces or exterior walls and including halls, stairway, elevator shafts, attached garages, porches, and balconies.

43. FRONTAGE; All property on one (1) side of a street between two (2) intersecting streets, or natural barrier.

44. FUNERAL HOME; A facility used for pre-burial preparation of human cadavers including but not limiting to a mortuary, chapel, viewing area, vehicular storage, parking, but not including a crematorium or burial facilities.

45. GARAGE, PRIVATE; An accessory building or portions of a main building on the same lot and used only for the storage of private passenger motor vehicles.

46. GARAGE, PUBLIC; A building, other than a private garage, used for the care, repair, or maintenance of automobiles, or where such vehicles are parked or stored for recuperation, hire or sale within the structure, but not including auto wrecking establishments or junk yards.

47. GRADE; The established elevation of the curb in front of a building measure at the center of such front. Where no curb grass has been established, the City Engineer shall establish such curb level, or a equivalent for the purpose of this ordinance. The elevation shall be the minimum of 1/4 inch per foot from the front of the house to the curb line. The property owner must provide drainage from the sides of the structure away from the lot to the street to restrict the flow onto the adjacent lots to prevent any adverse effect or damage to said lots.

48. GROUP HOME; Any community residential facility, foster home, family care facility, or other similar home for developmentally disabled persons.

49. GUEST HOUSE; A structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which provide a complete housekeeping unit.

50. HAZARDOUS MATERIALS; Any solid, liquid or gaseous matter that may pose a substantial present or potential hazard to the land and water ways and their inhabitants which must be handled, used, stored, transported and disposed of by means of equipment, personal and regulations specified by State Statute and municipal ordinances. Such materials may be lethal, explosive, radioactive, flammable, chemically poisonous or dangerous in some other manner because of their chemical and physical content. Such materials shall be further defined and governed according to applicable State Statute.

51. HAZARDOUS WASTES; Any waste or combinations of wastes which post a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature or because they can be biologically magnified, lethal or may otherwise cause or tend to cause detrimental cumulative effects.

52. HEIGHT, BUILDING; The vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of a structure.

53. HOME OCCUPATION; An occupation conducted in a dwelling unit, provided that:

1. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

2. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No article shall be sold or offered for sale except such as may be produced on the premises by members of the immediate family.

3. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard

4. No equipment of process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Clinics, doctor’s offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, tourists homes, animal hospitals, kennels, among others shall not be deemed to be home occupation.

54. HOSPITAL or SANITARIUM; An institution open to the public in which sick patients or injured persons are given medical or surgical care; or the care of contagious or incurable diseases.

55. HOTEL; A building in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open to transient guests. Hotels include motels, but not include group dwellings as defined herein.

56. IN-HOME APARTMENT; A self-contained dwelling unit with no more than two bedrooms built within an existing residential structure which was not originally designed as a two-family dwelling unit.

57. INDUSTRIAL; Industrials uses which generate large or small volumes of vehicular traffic or create obnoxious sounds, glare, vibrations, dust, odor or smoke.

58. INSTITUTION; A building occupied a nonprofit corporation, or a nonprofit establishment, for public or semi-public use.

59. KENNEL; Any place where any number of dogs are kept for the purpose of sale or in connection with boarding, care, or breeding, for which any fee is charged.

60. LABORATORIES; A place devoted to experimental study, such as testing and analyzing. Manufacturing, is not to be permitted within this definition.

61. LOADING SPACE; An off-street space or berth on the same lot with the building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which abuts upon a street, alley, or, other appropriate means of access.

62. LODGING HOUSE; A building with not more than five (5) guest rooms where lodging is provided for compensation, pursuant to previous arrangement, but not open to the public or transients.

63. LOT; A parcel of land occupied or suitable for occupancy by one main building or use, with an accessory building(s), including the open space required by this ordinance, and having its principal frontage upon a public street or highway.

1. A single lot of record

2. A portion of a lot of record

3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record

4. A parcel described by metes and bounds provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirement of this ordinance.

64. LOT COVERAGE; The amount of land covered or permitted to be covered by principal buildings, accessory buildings, and required parking spaces.

65. LOT DEPTH; The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

66. LOT FRONTAGE; The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots, the front shall be the shorter lot boundary along the street. For through lots, both sides of the lot adjacent to the streets shall be considered frontage and shall be provided as indicated under YARDS in this section.

67. LOT OF RECORD; A lot which is part of a subdivision recorded in the office of the Wells County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded, prior to the effective date of this ordinance.

68. LOT, REVERSE CORNER; A corner lot, the seat of which abuts upon the side of another lot whether across an alley or not.

69. LOT TYPES;

1. Corner Lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the lot meet at the interior angle of less than 135 degrees. See lots marked A. below.

2. Interior Lot: A lot other than a corner lot with only one frontage on a street. See lots marked B. below.

3. Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. See lots marked C below.

4. Reverse Frontage Lot: A lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. See lots marked D below. A reversed frontage lot may also be a corner lot (A-D), and interior (B-D), or a through lot (C-D).

70. LOT WIDTHS: The distance between the side lot lines, measured along the setback line as established by this ordinance, or if no setback line is established, the distance between the side lot lines measured along the street lines.

71. MOBILE HOME: A detached residential dwelling unit designed for transportation after fabrication on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for minor and incidental unpacking and assembly operations, location on jacks, or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not considered a mobile home.

72. MOBILE HOME - CLASS A: A residential dwelling unit, transportable in two sections which are fastened together to form a complete living unit that is built on permanent chassis. It is at least twenty-four (24) feet across at its narrowest section.

73. MOBILE HOME - CLASS B: A residential unit, built on a permanent chassis, which may be reasonably equipped with wheels for transporting from place to place that does not have any specific size requirements.

74. MODULAR HOMES: Structures that are in two or more pieces and assembled together on a basement, cement blocks, concrete foundation or some other permanent foundation for occupancy.

75. NONCONFORMING USE: Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance, or amendments thereto, with the regulations of this ordinance.

76. NON-FARMER RESIDENCE: A dwelling which is to be situated on a parcel of land and whose initial occupant is or may be a non-farmer or any other person who does not intend to farm such parcel or engage in upon such associated with farming and ranching.

77. NURSING HOME or REST HOME: A private hospital for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatments of sickness or injury, or for surgical care.

78. PARKING AREA-PUBLIC: An open area, other than a street, used for the temporary parking of automobiles, and available for public use whether free, for compensation or as an accommodation for clients or customers that do not encroach upon or block public right-of-way or private driveways.

79. PARKING SPACE: An area enclosed in the main buildings, or an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

80. PORCH: A roofed entrance to a building projecting out from the wall, or walls of the main structure and commonly open to the weather in part.

81. REPAIR SHOPS: Small repair shops which service business machines, bicycles, and household appliances.

82. RIGHT-OF-WAY; The area, either public or private, over which the right of passage exists. The right-of-way shall not to be considered as land area when computing lot size.

83. RESTAURANT: A public eating establishment at which the primary function is the preparation and serving of food.

84. ROOMING HOUSE: Any dwelling in which more than two (2) persons, either individually or as families, are housed or lodged for hire, with or without meals.

85. SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including auto wrecking yards, house wrecking yards, used material yards; but not including pawn shops, antique shops, purchase or storage of used furniture and household equipment, or the placing of used cars in operable condition.

86. SERVICE STATION: An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs, or major overhaul.

87. SETBACK: The required distance between every structure and the front lot line, as prescribed in the district regulations of this Ordinance. The setback line shall be the same as the property line, however, the property line is not the same as the curb line or the location of the sidewalk or the sidewalk line.

88. SIGNS, OUTDOOR ADVERTISING; Any card, cloth, paper, metal, painted glass, wood, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising on the ground, or on any tree, wall, bush, rock, post, fence, building, structure, or things whatsoever. The term “place” as used in the definition of “outdoor advertising sign” and “outdoor advertising structure” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing or making visible in any manner whatsoever.

89. SOLID WASTE; Any garbage, refuse, residue, sludges, hazardous waste putrescible waste, and other discarded solid materials resulting from industrial and commercial operations as well as from communities.

90. STORY; That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

91. STREET LINE; The right-of-way line of a street.

92. STRUCTURE; Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.

93. STRUCTURAL ALTERATIONS; Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

94. SUBSTANTIAL IMPROVEMENT; Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

1. Before the improvement or repair is started, or

2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, dimensions of the structure.

3. This term does not, however, include either:

a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

b. Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

95. TOURIST, COURT; A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including automobile courts, motel or motor lodges.

96. TOURIST HOME; A dwelling in which overnight accommodations are provided for transient guests.

97. TRAILER, AUTOMOBILE; A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation, or for carrying persons or property, including a trailer coach or house trailer

98. TRANSMISSION FACILITY; Includes any of the following:

1. An electrical, telephone, or cable TV transmission line and associated facilities.

2. A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas or liquid hydrocarbon products for public commerce.

3. A liquid transmission line and associated facilities designed for or capable of transporting water.

99. TRAVEL TRAILER; Means any portable unit designed to be used as a temporary dwelling for travel or recreational purposes. The term travel trailer includes the following:

1. An independent travel trailer, which is a travel trailer containing toilet and lavatory facilities.

2. A dependent travel trailer, which is a travel trailer containing either toilet or lavatory facilities or having neither facility.

100. TOWNHOUSE; A single-family dwelling unit occupying its own lot but attached to one or more units by a common wall or walls. Where townhouses are not provided with individual subdivided lots at the time of construction, they shall be considered a multiple family dwelling for the purposes of this ordinance.

101. USE; The purpose for which land or building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let or leased.

102. VARIANCE; A relaxation of the strict terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. (As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces, establishment or expansion of a use otherwise prohibited shall not be allowed by variance be granted because of the presence of nonconformities in the zoning district or used in an adjoining zoning district.)

103. YARD; A required open space other than a court that is unoccupied and unobstructed by any structure or portion of a structure for 30 inches above the general ground level of the graded lot upward. However fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements.

104. YARD, FRONT; A yard extending between side lot lines across the front of a lot, the depth of which is the least distance between the front lot line and the front building frame. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights 30 inches and 10 feet.

105. YARD, REAR; A yard extending across the full width of the lot from side lot lines, the depth of which is the least distance between the rear lot line and the rear face of the principal building. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

106. YARD, SIDE; All that part of the yard lying between the main building and a side lot line and extending from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard. In the case of through lots, side yards shall extend from the rear lines of the front yards required. The depth of the side yard shall be the least distance from the sides of the principal building to the side lot line.

107. YARD, SPECIAL; A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neighbor the term “side yard” nor the term “rear yard” clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

The diagram (DIAGRAM A PAGE 6 - 17A) illustrates the location and methods of measuring yards on rectangular and non-rectangular lots.

SEE DIAGRAM A on Page 6 - 17A

YARDS:

Front: 25 Feet

Side: 7.5 Feet

Rear: 25 Feet

Special: *Unusual Feet, change to conform

LOCATION AND MEASUREMENTS OF YARDS ON LOTS

The illustration on DIAGRAM A on Page 6 - 17A assumes a Front Yard Depth required at Twenty-Five Feet (25'), a Side Yard Width of Seven and a Half Feet (7.5'), and Rear Yard Depth of Twenty-Five Feet (25'). Note that at * a Special Yard is shown, indicating where usual Side or Rear Yard Terminology would be difficult to apply, but the purpose of the Yard is clear.

108. ZONE DISTRICT; A portion, area or section of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land, and open spaces about buildings as herein established..

6.0401 Establishment of Districts

The City is hereby divided into the following zones, or districts:

1. R-1 - Single-family residential district

2. R-2 - Multiple-family residential district

3. MH - Mobile Home district

4. C - Commercial district

5. IHC - Industrial/Heavy Commercial district

6. PUD - Planned Unit Development district

7. A - Agricultural

6.0402 Official Zoning Map

1. The established zones or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and is declared to be a part of this Ordinance.

2. The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Auditor, and bearing the seal of the City under the following words; “This is to certify that this is the Official Zoning Map referred to in Section of the City of Harvey, North Dakota, “ together with the date of adoption of this Ordinance.

3. If, in accordance with the provisions of this ordinance and Chapter 40-47 of the North Dakota Century Code, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Commission certifying such changes. No amendment to this ordinance which involves matter portrayed on the Official Zoning Map shall become effective until such change has been made on said map and the amending ordinance duly published.

4. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance.

5. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Office of the City Auditor shall be the final authority as to the current zoning status of land and water areas, buildings, and structures in the City.

6.0403 Replacement of Official Zoning Map

1. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of the number of changes and additions, the City Council may be resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the mayor, attested by the City Auditor and bearing the seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. 211 of the City of Harvey, North Dakota.

2. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

6.0404 Rules for Interpretation of District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the center lines streets, highways, or alleys shall be construed to follow such center lines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as following railroad lines shall b construed to be a midway between the main tracks.

4. Boundaries indicated as approximately following city limits shall be construed as following such city limits:

5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

6. Boundaries indicated as parallel to or extensions of features indicated in subsection (1) through (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (7) above, the Board of Adjustment shall interpret the district boundaries;

8. Where a zoning district boundary line divides a lot which was a single ownership at the time of passage of this Ordinance, the Board of Adjustment may permit, as a permitted conditional use, the extension of the regulation of either portion of the lot not to exceed fifty (50) feet beyond the zoning district line into the remaining portion of the lot.

9. Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoned district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all included in the vacation shall then and henceforth be subject to all regulations of the extended district.

10. Where uncertainty exists as to the exact boundary line of a district, the same shall be determined by the Board of Adjustment and a record shall be kept thereof.

ARTICLE 5 - General Provisions

6.0501 General Provisions

1. All streets, alleys and railroad right of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys or railroad right of way. The Center line of a street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

2. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, to exceed the height limit land be used for any purpose other than as permitted in the district in which the building or land is located.

3. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire, or parapet walls, skylights, towers, steeples, belfries, flag poles, cupolas, chimneys, smokestacks, radio and television aerials or antennas, water tanks, solar energy collectors and equipment used for the mounting or operations of such collectors, or similar structure placed above the roof level and not intended for human occupancy may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 25 ft the height limits of the district in which it is located, except the aerials are not to exceed 60 feet from the ground level, provided said aerial or antenna is attached to the building or erected in the rear yard area.

Every part of a yard or court shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows:

a. Awnings, balconies, sills, cornices, buttressed, and eaves may project not more than five (5) feet over or half the distance of the required side yard, whichever is less.

b. Structures used ornamentally or for gardening or for private recreation purposes, including decks and structures for essential services, all accessory to and customarily incidental to the principal use, are permitted in yards and courts, provided that a side yard strip three (3) feet in width adjoining the side line of the lot shall be unobstructed by any structure or feature, except a fence or retaining wall.

c. Steps to building entrances may not extend more than one foot onto a sidewalk where such sidewalk is five (5) feet in width or less; nor shall it extend more than fourteen (14) inches onto a sidewalk where such sidewalk is over five (5) feet in width.

d. Uncovered porches may not extend more than five (5) feet into any required front yard or rear yard and not more than three 3) feet into a required yard or court.

e. Open work fire balconies and fire escapes may extend not more than five (5) into a required yard or court.

f. Chimneys and flues may extend not more than two (2) feet into a required yard or court.

4. No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

5. No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this ordinance may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement to or for any other building.

Any open terrace, but not including a roofed-over porch or terrace may occupy a front yard, provided the unoccupied portion of the front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen (15) feet.

The minimum yards or other open space, including lot area per family required by this ordinance for each and every building existing at the time of passage of this ordinance, or each building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

6. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined. In no case shall there be more than one such building on one lot unless otherwise provided in this ordinance.

7. Any separate tract, the title of which was of record at the time of the adoption of this ordinance, that does not meet the requirement of the ordinance for yards, courts, or other area of open space, may be utilized for single residential purposes provided the requirements for such yard or court (or lot) area, width, depth or open-space, is within 75% of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

8. No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of twenty-five (25) feet unless an easement of lesser width was of record prior to the adoption of this ordinance.

9. No wall, fence or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interferes with traffic visibility on a curve or at any street intersection.

10. No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling, except that in a two-story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for occasional housing of guests of the occupants of the main structure and not by permanent occupancy of others as a housekeeping unit.

11. Nothing in this ordinance shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction has been lawfully begun prior to the adoption of this ordinance, and upon which building actual construction has been diligently carried on, and provided further that such building shall be completed within two (2) years from the date of passage and publication of this ordinance.

12. An area indicated by description in this ordinance or on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site, or similar public open space, shall not be used for any other purpose. When the use of the area is discontinued it shall automatically be zoned R-1, one family district, until otherwise zoned.

13 Any lot, street, alley or structure vacated shall be zoned the same as the adjacent properties and the same restrictions for that zone shall apply.

14. Any and all areas annexed to the city, shall, upon such annexation be zoned agricultural until otherwise zoned. When a subdivision is added tot he city, the Planning and Zoning Commission shall request the dedication or reservation of such areas or sites of a character, extent or location suitable to the needs created by such development for schools, parks and other neighborhood purposes for public use.

15. An area indicated by description in this ordinance as “reserved for essential services” shall be reserved exclusively for public water mains, public sewage lines, or public electric, gas or telephone utilities, or other essential services, in, upon, across or over such area.

16. Locations of transmission lines shall be submitted to the City Auditor on a plat or map with any changes filed as they are made. The same shall be required for water and sewer lines. Such locations shall be submitted at the time the building or moving permit is secured or within ten (10) days after installation of said transmission and/or water and sewer lines.

17. New sidewalk installations shall conform to existing sidewalks. In areas where no sidewalks exist, new installations shall be 5 feet in width and shall be 10 feet from the curb line.

18. Metal structures erected in residential areas shall have a sidewall no greater than 10 feet. The structure must conform with the main structures in the surrounding area. Wood pole type buildings will be allowed in residential areas as long as the following restrictions are met:

a. The building must have colored steel on the side walls and the roof with the steel on the side walls extending to the ground level.

b. The building must have trim on the corners and around the doors and windows.

c. The building must have overhead doors not sliding doors.

d. The building must be constructed of new materials not used.

19. Metal structures in a commercial or light industrial zoning must have all colored steel sides and roof if it abuts upon a residential district.

ARTICLE 6 - R-1 Single Family District

6.0601 Statement of Intent

To establish and preserve low density residential neighborhoods, wherein certain educational, religious, recreational and other activities compatible with residential development are permitted.

6.0602 Use Regulations

Uses permitted in this district shall include the following:

1. One family dwellings.

2. Home occupations as provided in this ordinance.

3. Truck gardening and other horticultural uses where no building is involved, and when not operated for profit.

4. Confidential uses, subject to the provisions of applicable sections of this ordinance.

5. Temporary buildings and uses for construction purposes for a period not to exceed one (1) year.

6. Accessory buildings, provided they shall be located as required in applicable sections of this ordinance.

7. One sign on each lot not exceeding twelve (12) sq. ft. in area, pertaining to the lease or sale of the building or premises upon which the sale is located.

8. Automobile parking space to be provided as required in applicable sections of this ordinance.

9. Travel Trailers (Campers), and Mobile Homes are not permitted to be hooked upon and/or parked in a yard unless a conditional use permit is granted by the City Council.

6.0603 Height

No building shall be erected or enlarged to exceed a height of two (2) stories, nor shall it exceed twenty-eight (28) feet in height.

6.0604 Area

No building shall be erected, nor shall any existing structure be enlarged or altered unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:

1. Front Yard: Each lot upon which a dwelling is constructed shall have a front yard of not less than twenty-five (25) feet. Where lots compromising forty (40) percent or more if the frontage between two intersecting streets are developed with buildings having front yards with a variance of not more than fifteen (15) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage. In no case shall a front yard or more than fifty (50) feet be required.

2. Side Yard: On interior lots there shall be aside yard on each side of a main building of not less than seven and a half (7 ½), and a combined total of side yards of not less than fifteen (15) feet. On corner lots the side yard requirement shall be the same as for interior lots, except that there shall be maintained a side yard of not less than ten (10) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, where there shall be maintained a setback from the side street of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fifteen (15) feet. No accessory building on such reverse corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than seven and a half (7 ½) feet to the side lot line of said adjacent lot.

3. Rear Yard: There shall be a rear yard having an average depth of not less than twenty-five (25) feet.

4. Lot Coverage: Not more than thirty-five (35) percent of the area of a lot may be covered by main buildings, structures or accessory buildings.

5. Lot Area: Every dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than seven thousand (7000) sq. ft., and a width at the established building line of not less than fifty (50) feet, provided, however, that where a lot having less area and width, but which is a single tract and the title thereof has been recorded before the passage of this ordinance, said tract may be improved with a single-family dwelling provided all yards and open spaces are within seventy-five (75) percent of those required by the terms of this ordinance, and provided further that the total lot area is not less than five thousand (5000) sq. ft.

6. Accessory Buildings: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot line than seven and a half (7 ½) feet, provided further, that on a corner lot, accessory buildings shall not encroach upon the front or side yards adjacent to the abutting streets.

6.0605 Dwelling Standards

1. Every one-story dwelling hereafter erected in any R-1, one-family district, shall have a total ground floor area of not less than nine hundred sixty (960) sq. ft. measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, except that rooms intended for such purposes which are “roughed in” and are to be completed in computing such ground floor areas.

2. Every dwelling of more than one-story hereafter erected in any R-1, one-family district, shall have a total floor area, measured from the outside of the exterior walls, of not less than twelve hundred (1200) sq. ft., including utility rooms, but excluding cellars, basements, open porches, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, except that rooms intended for such purposes which are “roughed in” and are to be completed within a reasonable time may be considered in computing such ground floor area.

6.0606 Construction Standards

No dwelling or other structure not situated, located or placed within the R-1, one-family district, prior to the effective date of this ordinance, shall be situated, located or placed within such district, unless the same shall be of entirely new construction. All footage restrictions are from the property line.

ARTICLE 7 - R-2 Multiple Family District

6.0701 Statement of Intent

To establish and preserve residential neighborhoods which provide for multiple family types of residential developments, and within subdivisions compatible with such residential development.

6.0702 Use Regulations

Uses permitted in this district shall include the following:

1. Any use permitted in the R-1 Family district.

2. Two-family dwelling structures.

3. Row dwellings containing three (3) or more family units.

4. Multiple dwellings and apartments.

5. Boarding and lodging houses.

6. Automobile parking spaces to provided as required in applicable sections of this ordinance.

7. Travel Trailers (Campers), and Mobile Homes are not permitted to be hooked upon and/or parked in a yard unless a conditional use permit is granted by the City Council.

8. Conditional uses subject to the provisions of applicable sections of this ordinance.

6.0703 Height

No building shall hereafter be erected or structurally altered to exceed three (3) stories, nor shall it exceed thirty-two (32) feet in height.

6.0704 Areas

No building or structure, nor the enlargement of any building or structure, shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection with such structure or enlargement.

1. Front Yard: There shall be a front yard of not less than twenty-five (25) feet.

2. Side Yard: On interior lots there shall be a side yard on each side of a main building of not less than seven and a half (7 ½) feet, ana combined total of side yards of not less than fifteen (15) feet. On corner lots the side yards of the intersection street side shall be not less than ten (10) feet, except in the case of a reversed corner lot where there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot. No accessory building on such reverse corner lot shall project beyond the front yard line required on the key lot in the rear, nor be located nearer than seven and a half (7 ½) feet to the side of lot line of such key lot.

3. Rear Yard: There shall be a rear yard of not less than twenty-five (25) feet for interior lots nor less than fifteen (15) feet for corner lots.

4. Lot Coverage: Not more than thirty-five (35) percent of the area of a lot may be covered by buildings or structures excepting dwelling structures over four (4) units when the coverage may be sixty (60) percent of the lot area.

5. Lot Area: Every building hereafter erected or structurally altered as a multiple dwelling, apartment or row dwelling of more than two (2) dwelling units shall provide a lot area per dwelling unit of not less than fifteen hundred (1500) sq. ft. No building hereafter erected or structurally altered in the R-2, multiple family district, shall have a total lot area OD less than six thousand (6000) sq. ft., nor a lot width of less than four thousand (4000) sq. ft. and a width at the established building line of not less than forty (40) feet.

6. Courts: No inner court, or courts completely surrounded on all sides by a building shall be permitted. Outer courts are permitted, provided the depth of the court is no greater than the width of the court.

7. Accessory Buildings: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot line than seven and a half (7 ½) feet, provided further, that on a corner lot, accessory buildings shall not encroach upon the front or side yards adjacent to the abutting street.

6.0705 Dwelling Standards

All multiple family dwelling units hereafter erected, converted or reconstructed, shall contain not less than four hundred (400) sq. ft. of usable floor area per unit, exclusive of basements, cellars, unfinished attics, open porches or garages.

6.0706 Construction Standards

All footage restrictions are from the property line.

ARTICLE 8 - MH Mobile Home District

6.0801 Statement of Intent

To encourage the placement of, and the continued use of land for single-family mobile home dwellings located within mobile home parks; to prohibit commercial and industrial uses of the land; and to encourage suitable and proper development of mobile home parks.

6.0802 Definition

For the purposes of this section “mobile home park” shall also mean “mobile home court”.

6.0803 Uses Permitted

Uses permitted in this district shall include the following:

1. Single family mobile home dwellings when located within mobile home parks.

2. Conditional uses subject to the provisions of applicable sections of this ordinance.

3. Accessory buildings.

6.0804 Density

The maximum allowable density for all mobile home parks shall be seven (7) families per net acre.

6.0805 Lot Dimensions

1. Or single wide mobile home dwelling units, minimum lot dimensions shall be fifty (50) feet with a minimum lot area of five thousand (5000) sq. ft.

2. For double wide mobile hoe dwelling units, minimum lot dimensions shall be sixty (60) feet with a minimum lot area of six thousand (6000) sq ft.

6.0806 Lot Coverage and Placement of Mobile Homes

1. The ground area occupied by a mobile home, all utility structures, patio, and off-street parking spaces shall not exceed fifty (50) percent of the total area of the lot. In computing the ground coverage, sufficient off-street parking space to comply with applicable sections of this ordinance shall be added to actual area of the mobile home and the accessory buildings. Each lot shall be limited to one (1) attached utility structure of no more than two hundred twenty-five (225) sq. ft. and one (1) detached utility structure of no more than one hundred twenty (120) sq. ft.

2. No mobile home, storm shed or other legal attachments to said mobile home shall be located less than seven (7) feet six (6) inches from the side lot line or ten (10) feet to any rear lot line. Detached toolsheds shall be located not less than five (5) feet from the side or rear lot lines. The ends of the mobile homes shall be at least ten (10) feet apart when opposing rear walls are staggered, otherwise they shall be fifteen (15) feet apart. No portion of a mobile home, or attachment thereto, or any other structure shall be located less than fifteen (15) feet away from any property line adjacent to a public right of way.

3. All structures must be placed on foundations that are either permanent or temporary and shall be constructed of concrete or other solid material durable enough to support the maximum weight of the mobile home. Concrete blocks placed at intervals beneath the mobile home’s chassis or I-beam substructure shall be considered an allowable and adequate foundation. All tires, hitches and tongues must be removed.

4. All mobile homes shall be equipped with coordinating skirts to enclose completely the underside of the mobile home.

5. Each mobile home shall be anchored to the ground for purposes of withstanding wind pressures specified for such mobile homes by the City Building Inspector prior to occupancy of the unit.

6.0807 Lot Restrictions

All clotheslines shall be placed in the rear yard.

6.0808 Mobile Home Park Requirements

1. The minimum total area of a mobile home park shall be at least one hundred thousand (100,000) sq. ft.

2. The Minimum street or roadway on which each mobile home fronts shall be at least thirty (30) feet from curb to curb in width, if automobile parking is limited to one side, and forty (40) feet from curb to curb if automobile parking is allowed on both sides. Dead-end streets shall be at least eighty (80) feet in diameter.

3. All entrances, exits, lanes and driveways between rows of mobile homes shall be adequately lighted. Roadways within the parks shall be hard surfaced, either concrete or bituminized.

4. All provisions for water supply, sewage and fire protection to be provided in any mobile home park shall have been approved by the appropriate City or State officials. All mobile home units shall be provided with buried electrical and telephone service facilities.

5. Each mobile home space shall include sufficient area for off street parking and comply with applicable sections of this ordinance.

6.0809 Mobile Park Restrictions

1. No business shall be conducted in any mobile home park except upon approval by Planning & Zoning Commission and / or the City Council.

2. Existing mobile home parks shall not be enlarged or extensively altered unless such alteration complies with the provisions of this ordinance.

Mobile home park plans and layouts, All layouts for mobile home parks shall be submitted to the Planning and Zoning Commission for a determination of design efficiency prior to approval of a zoning charge request for MH district uses. All changes thereto must be approved in like manner.

All mobile home parks shall be licensed by the State of North Dakota and shall comply with its regulations and the regulations set forth by the North Dakota State Laboratories Department all other State or Federal regulatory agencies.

6.0810 Dwelling Standards

All Mobile Home dwelling units hereafter hooked up for dwelling purposes shall have proper siding, usable and not broken windows and doors, and generally shall not contain any health hazards.

6.0811 Mobile Home Subdivision

1. Description of Territory

The MH Mobile Home District shall include the following territory:

The South 745 feet of the unplatted area located in the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4), in Section Thirty-one (31), in Township One Hundred Fifty (150), North of Range Seventy-two (72), West of the Fifth Principal Meridian, more particularly described by metes and bounds as follows, to-wit:

COMMENCING at a point which is the Northeast corner of said Section Thirty-one (31), Township One Hundred Fifty (150), North of Range Seventy-two (72), West of the Fifth Principal Meridian, thence running along the East Section Line of said Section 31, a distance of 1,353 feet, more or less, to a point 30 feet North of the Easterly extension of the North line of Block 1 of Hornbacher’s Addition to the City of Harvey; thence West and parallel to the North line of Block 1 of Hornbacher’s Addition to the City of Harvey, a distance of 693 feet; thence Northeasterly and parallel to the East line of said Section 31, a distance of 1,353 feet, more or less, to the North line of said Section 31; thence East along the North line of said Section 31 to the place or point of beginning LESS any portion lying within the existing street right-of-way for North Street, Jackson Avenue, and 4th Street, in the City of Harvey, Wells County, North Dakota.

2. Use Regulations

a. The permitted uses are as follows:

1) Mobile Home, either single wide or double wide, or modular home.

2) Accessory uses which are deemed compatible with such developments by the Planning and Zoning Commission.

3) Residential Garages or Utility buildings.

4) Conditional Uses as approved by the Planning and Zoning Commission on a case by case basis.

3. Structural Regulations

a. Size: Single Wide Mobile Homes shall be not less than fourteen feet (14') in width and sixty feet (60') in length. Hitches or tongues shall not be considered in determining actual length.

b. Height: No structure shall exceed twenty fee (20') in height. Only one story or split level structures shall be allowed.

c. Setbacks: No structure shall be placed on any lot unless the following setbacks are maintained.

1) Front Yard: Each lot upon which a structure is located shall have a front yard of not less than twenty feet (20').

2) Side Yard: Each lot upon which a structure is located shall have a side yard of not less than seven and one-half feet (7.5') on each side for a total of fifteen feet (15'). Each corner lot that is located at the intersection of two (2) or more public streets, shall have a side yard of not less than ten feet (10') on the side adjacent to the street which intersects the street upon which the structure maintains frontage. In such case the total side yard shall be seventeen and one-half feet (17.5') rather than fifteen feet (15').

3) Rear Yard: Each lot upon which a structure is located shall have a rear yard of not less than fifteen feet (15').

d. Lot Coverage: Not more than thirty-five (35%) percent of an area of a lot may be covered by main buildings, structures or accessory buildings.

e. Lot Area: Every structure shall be on a lot having an area of not less than six-thousand (6,000) square feet, with a minimum width of not less than fifty feet (50').

f. Accessory Building: Accessory Buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot line than seven and one-half feet (7.5'), provided further, that on a corner lot, accessory buildings shall not encroach upon the front or side yards adjacent to the abutting street.

Where an accessory building is structurally attached to a main building it shall be subject to, and must conform to all regulations of this Ordinance applicable to the main building.

No detached accessory building shall be located closer than five feet (5') to any main building.

g. Structural Standards:

1). Floor Area: All structures shall have a minimum square footage of eight-hundred forty (840) square feet measured from the outside of the exterior walls including additions but excluding open decks on porches, garages and other spaces that are not used frequently or during extended periods for living, eating and sleeping purposes.

2). Foundations: All structures must be placed on foundations that are either permanent temporary and shall be constructed of concrete or other solid material durable enough to support the maximum weight of the mobile home. Concrete blocks placed at intervals beneath the mobile home’s chassis or I-beam substructure shall be considered an allowable and adequate foundation. All tires, hitches and tongues must be removed and the structure skirted with wood or wood appearing material.

3). Anchoring: If a mobile home has wind specification anchoring, the anchoring system used must meet or exceed such specifications. If there are no specific anchoring requirements, the mobile home shall be anchored by a system of straps connected to the I-beam chassis or substructure of the home. Such straps shall be connected to screw-type anchors or other anchoring devices in the ground.

h. Utilities:

1). Underground Conductors: (Direct Burial Cable) All mobile home units shall be provided with buried electrical service facilities. No overhead distribution systems will be permitted.

2). Telephone Service: All mobile home units shall be provided with buried telephone service facilities. No overhead distribution systems will be permitted.

I. Improvement of Land: All improvements of the land, including buildings and all appurtenances, thereto, shall conform to all applicable laws, ordinances, and regulations of the City of Harvey (including deed restrictions and covenants running with the land). Whenever such local standards contain more stringent provisions than any of the minimum standards of the Federal Housing Administration, the more stringent standards shall govern.

The mobile home units or subdivisions shall be subject to such fees as are established by the City Council of the City of Harvey, Wells County, North Dakota.

j. Building Permits: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the City Auditor upon approval by the City Council stating that the building or structure, and the use of the land complies with all City ordinances, building codes and health regulations. Alterations concerning the existing structure costing less than One Thousand and 00/100ths Dollars ($1,000.00) shall not require a building permit, however, such alterations must be submitted to the City Auditor for approval.

4. Fees: Fees pertaining to moving permits for moving mobile homes into the Mobile Home District shall be set at thirty and 00/100ths Dollars ($30.00). Fees for construction of accessory buildings or additions and alterations to main structures shall be Ten and 00/100ths Dollars ($10.00).

5. Penalty: It shall be unlawful to use or occupy any building, structure, or premises in violation of the provisions of this Ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of ay of its provisions shall be fined not less than Twenty-give and 00/100ths Dollars ($25.00), nor more than One Hundred and 00/100ths Dollars ($100.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

ARTICLE 9 - C Commercial District

6.0901 Statement of Intent

The provisions of the C district are intended to provide areas for commercial establishments to which the public requires direct and frequent access, but which are not characterized either by constant heavy trucking other than stocking and delivery of light retail goods, or by any other nuisance factor other than the incidental noise of the congregation of people and passenger vehicles.

6.0902 Permitted Uses

1. Retail businesses, such as general merchandise, food, liquor, hardware, furniture, and apparel store; eating and drinking establishments; and drugstores.

2. Business services, such as banks, and other financial institutions and professional offices.

3. Personal services, such as barber and beauty shops, photographic studios, laundromats, and dry cleaning establishments.

4. Entertainment, social or recreational businesses, such as bowling alleys, health clubs, theaters (excluding drive-ins), night clubs, private clubs and lodges.

5. Repair services, such as radio shops, appliance shops, upholstery shops and shoe repair shops, but not to include automobile repair.

6. Cultural and educational facilities, such as trade schools, museums, business colleges, and adult education centers.

7. Churches and schools.

8. Public / semi-public facilities, such as armories, parks, police and fire stations; telephone exchange buildings, and civic centers.

9. Medical and Dental facilities, such as clinics, hospitals, nursing or convalescent homes.

10. Funeral homes.

11. Pet shops.

12. Printing and Publishing facilities including newspapers, books, and other reading matter and radio and television stations.

13. Hotels and Motels.

14. Transportation Depots.

15. Green houses and Plant nurseries.

16. Automobile Service Stations, where motor vehicle fuels and minor automotive accessories are sold at retail and minor services for automobiles are performed, but not to include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other nuisance characteristics.

17. Parking lots.

18. On-premise Signs.

19. Essential services.

20. Multiple dwellings, including condominiums.

21. Accessory or temporary buildings incidental to the permitted use. Placement of accessory buildings on commercial property is the same as residential property.

22. Other: Uses not listed but similar to the permitted uses above and consistent with the stated purpose of this district.

6.0903 Conditionally Permitted Uses

The following use may be permitted in the commercial District subject to the conditions hereinafter imposed and subject further to review and approval by the City Council:

1. Apartments above Commercial Establishments subject to the following conditions:

a. Any apartment shall be provided with off street parking the same as for multiple dwellings.

b. Any apartment shall be provided with private access.

6.0904 Height

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed forty-five (45) feet in height.

6.0905 Area

No front or side yards shall be required except that when a building or group of buildings, abuts upon a residential district, a yard shall be provided on the side of the lot abutting the residential district. In such case, a side yard shall have a width a depth of not less than ten (10) feet. There shall be a rear yard with a depth of not less than fifteen (15) feet when abutting upon a publicly dedicated alley or public way and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot. The rear yard may be used for off street parking and loading as provided in section. All footage restrictions are from the property line.

6.0906 Multiple Family Structures

Multiple Family Structures shall conform to the requirements as outlines in the R-2 multiple family district.

6.0907 Curb-cutting

For every on-street parking space lost due to curb-cutting or construction, two off-street parking spaces shall be provided. No curb-cuts shall be made Lincoln Avenue in the Main Street Commercial Area”.

6.0908 Commercial Property Outside Lincoln Avenue Business District

The side yard shall have a width of not less than two (2) feet on either side of the property. There shall be a rear yard with a depth of not less than fifteen (15) feet when abutting upon a publicly dedicated alley or public way and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot. The rear yard may be used for off street parking and loading. A front setback of not less than fifteen (15) feet.

ARTICLE 10 - IHC Industrial/Heavy Commercial District

6.1001 Statement of Intent

The provisions of the Industrial / Heavy Commercial District are intended to provide areas for commercial establishments that are relatively independent from adjacent commercial uses for spin-off business, use extensive outdoor storage or warehousing, require close access to major thoroughfares, accommodate primarily automotive-oriented customers, generate truck traffic, or have similar characteristics which make them incompatible uses in the Commercial District and more appropriate as neighbors of industrial uses; and, to establish and preserve, in a location and manner which benefits the City, industrial and related uses which are and / or nature of operation, may or ma