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ASHLEY MUNICIPAL

CODE

ORDINANCES

CITY OF ASHLEY

NORTH DAKOTA

ORDINANCES ADOPTED NOVEMBER 1, 2004

REVISED APRIL 1, 2015.

TITLE 1

 

THE ENACTING ORDINANCE

 

CHAPTER 1 – Ashley Municipal Code

 

Adopting the Revised Ordinances of the City of Ashley, North Dakota, and repealing all ordinances previously adopted with certain exceptions.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASHLEY, NORTH DAKOTA:

 

1.0101 Title

The Ashley Municipal Code (Revised Ordinances) of Ashley. This ordinance and the ordinances hereby adopted shall be known and cited as The Ashley Municipal Code (Revised Ordinances) of Ashley.

1.0102 Enactment

The Ashley Municipal Code (Revised Ordinances) of Ashley, consisting of Chapters I to XXI, both inclusive, an original copy of which has been authenticated by the original signatures of the City’s chief executive officer and auditor and which original is on file in the office of the City Auditor, are hereby adopted as The Ashley Municipal Code (Ordinances of the City) of Ashley.

1.0103 Repeal, Exceptions

All ordinances of the City adopted prior to the date of this enacting ordinance are hereby repealed except the following ordinance which shall continue in full force and effect regardless of the fact that they are herein omitted:

1.     All existing ordinances granting franchises, if omitted from these revised ordinances.

2.     All existing ordinances creating contract obligations on the part of the City, which obligations shall remain binding until fully performed by the City.

3.     All existing ordinances establishing special improvement districts, or street grades.

4.     All of the existing ordinances levying taxes for any years under the provisions of any law relating to the issuance of revenue bonds, municipal bonds, warrants, certificates of indebtedness, or other municipal obligations, whether general or special.

5.     All salary and appropriation ordinances.

6.     The incorporation herein of any of the ordinances of the City granting franchises shall not operate to repeal the same in their original form nor to extend the term of any franchise beyond that fixed in that ordinance granting the same which in reenacted herein.

7.     Any and all other ordinances adopted in said Ashley Municipal Code (Revised Ordinances) of Ashley by reference, although the same are not set forth in full therein.

8.     All existing ordinances establishing, extending or reducing the city limits of the City, if omitted from these revised ordinances.

1.0104 Existing Licenses and Permits

All licenses and permits issued prior to the date on which this ordinance becomes effective shall continue in force for the remainder of the term for which the same were issued, without additional fees, but all licensees and permittees shall be governed by the provisions of The Ashley Municipal Code (Revised Ordinances) of Ashley for the remainder of the terms of said licenses and permits, in the same manner and to the same extent as if said licenses and permits had been issued under the provisions of The Ashley Municipal Code (Revised Ordinances) of Ashley.

1.0105 New Licenses and Permits

In the case of any license or permit not heretofore required and appearing for the first time in The Ashley Municipal Code (Revised Ordinances) of Ashley, such license or permit shall be secured on or before the first day of the first month following the effective date of this ordinance, and the first fee therefore shall be pro-rated for the remainder of that term thereof on a monthly basis, provided, that the minimum fee for any such new license or permit shall be $1.00.

1.0106 Invalidity of Part

If any section, subsection, sentence, clause or phrase of these ordinances is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase or portion thereof.  The governing body hereby declares that it would have passed these ordinances and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

1.0107 Effective Date

This ordinance shall be in full force and effect from and after its final passage and approval, and without publication.

                      ________________________    MAYOR

ATTEST:

___________________________________   CITY AUDITOR             CITY SEAL

First Reading:  October 4, 2004

 

Second Reading and Final Passage:  November 1, 2004

 

TITLE Two

 

                                            CONSTRUCTION OF ORDINANCES

 

CHAPTER 1 - Construction of Ordinances

2.0101             Construction of Ordinances: Rules, Intent

2.0102             When These Rules of Construction Shall Not Apply

2.0103             Reference to Titles, Chapters, or Sections: Conflicting Ordinances

2.0104             When Ordinance to Take Effect

2.0105             Effect of Repeal

 

TITLE 2

 

                                            CONSTRUCTION OF ORDINANCES

 

CHAPTER 1 – Construction of Ordinances

 

2.0101 Construction of Ordinances; Rules, Intent

In the construction of the Ashley Municipal Code, the following rules shall be observed unless that construction would be inconsistent with the manifest intent of the ordinance.

(1) General Rule.  All words phrases shall be construed and understood according to the  common and approved usage of the language, but technical words and phrases and others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that peculiar and appropriate meaning.

(2) Gender.  Singular and Plural. Every word in any ordinance importing the masculine gender shall extend and be applied to several persons or things as well as to one person or thing, and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.

(3) Person.  The word "person" shall extend and be applied to firms, corporations, voluntary associations, or partnerships, as well as to individuals, unless plainly                              inapplicable.

(4) Tenses.  The use of any verb in the present tense shall include the future when applicable.

(5) Shall Have Been.  The words "shall have been" include past and future cases.

(6) Heretofore and Hereafter.  Whenever the word "heretofore" occurs in this code, it shall be construed to mean any time previous to the day when the ordinance shall take effect, and whenever the word "hereafter" occurs, it shall be construed to mean the time after the ordinance containing that word shall take effect.

(7) Joint Authority.  All words purporting to give a joint authority to three or more city officers or other persons shall be construed as giving the authority to a majority of  those officers or other persons unless it shall be otherwise expressly declared on the statute or ordinance giving the authority.

(8) Acts by Agents.  When an ordinance requires an act to be done which may by law as  well be done by an agent as by the principal, the requisition shall be construed to  include all acts when done by an authorized agent.

(9) Reasonable Time.  In all cases where any ordinance shall require any act to be done in  a reasonable time or reasonable notice to be given, reasonable time or notice shall be  deemed to mean time only as may be necessary for the prompt performance of duty,  or compliance with the notice.

(10) Time, How Computed.  The time within which an act is to be done as provided in any ordinance or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday or a legal holiday it shall be excluded, and when any  time isexpressed in hours the whole of Sunday or any legal holiday, from midnight to midnight, shall be excluded.

(11) Week.  The word "week" shall be construed to mean seven days, but publication in a newspaper of any notice or other matter indicated to be for a stated number of  weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.

(12) Ashley Municipal Code.  Whenever the word "code" appears in these ordinances, it  shall mean and be construed to be the Ashley Municipal Code.

2.0102 When These Rules of Construction Shall Not Apply

The rules if construction set forth in this chapter shall not be applied to any ordinance which shall contain any express provision excluding that construction, or when the subject matter or context of that ordinance may be repugnant thereto.

2.0103 Reference to Titles, Chapters, or Sections; Conflicting Ordinances

In addition to the rules if construction specified in Section 2-01-01, the following rules shall be observed in the construction of this code.

(1) this code, unless otherwise specified.

(2) If the provisions of different chapters if this code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of that chapter.

(3) If conflicting provisions be found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction be inconsistent with the meaning of that chapter.

2.0104 When Ordinances to Take Effect

All ordinances passed by City Council, including this code, and except when otherwise specifically provided, shall take effect and be in force from and after their publication where publication is required.  Where publication is not required, the ordinance shall take effect immediately upon final passage and approval.

2.0105 Effect of Repeal

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

 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   


 

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