The city council in a city operating under the council form of government and the board of
city commissioners in a city operating under the commission system of government, in addition
to the powers possessed by all municipalities, shall have power:
1. Street railway and railway tracks. To permit, regulate, or prohibit the locating,
constructing, or laying of railway or street railway tracks in any street, alley, or public
place, and any permission given to a street railway may not be for a longer period than
fifty years.
2. Sale of milk. To license the sale of milk.
3. Lumber, wood, coal, hay, and merchandise - Municipal scales. To regulate the
inspecting, weighing, and measuring of lumber, firewood, coal, hay, and other articles
of merchandise; establish or purchase one or more city scales and to require dealers
in hay, coal, firewood, or any other commodity, which, in the judgment of the governing
body, should be weighed upon the city scales, to use such scales in the sale of such
commodity; and charge a reasonable fee for the use of such scales.
4. Fences and party walls. To regulate partition fences and party walls.
5. Jail, house of correction, workhouse. To establish, maintain, and regulate a city jail,
house of correction, and workhouse for the confinement and reformation of disorderly
persons convicted of violating any city ordinance and to appoint necessary jailers and
keepers.
6. Building permits. To provide by ordinance and to fix the fees for the issuance of
building permits.
7. Building construction - Fire escapes. To prescribe the manner of constructing
buildings, structures, and the walls thereof, require and regulate the construction of fire
escapes on buildings, and provide for the inspection of all buildings within the limits of
the municipality and for the appointment of a building inspector.
8. Bridges, viaducts, tunnels, and overhead pedestrian bridges. To construct, keep in
repair, and regulate the use of bridges, viaducts, overhead pedestrian bridges, and
tunnels.
9. Police. To regulate the police of the municipality and to pass and enforce all necessary
police ordinances.
10. Hospitals and medical dispensaries. To establish, control, and regulate hospitals and
medical dispensaries.
11. Census. To provide for the taking of a census of the city, but no city census may be
taken more often than once in every three years.
12. Redistricting city. To redistrict the city into wards and to prescribe the boundaries
thereof.
13. Zoning. To adopt a zoning ordinance as provided in this title; regulate the location of
junk shops, coalyards, garages, machine shops, power laundries, hospitals, and
undertaking establishments; and establish building lines fixing the distance from the
property line at which buildings may be erected.
14. Traffic regulation. To regulate, control, or restrict within designated zones, or
congested traffic districts, except that the speed limit for vehicles on those streets
designated as part of any state highway must be as determined by mutual agreement
with the director of the department of transportation, the use of streets, alleys, or other
public ways by various classes of traffic.
15. Driving while intoxicated. To prohibit by ordinance the operation of any motor vehicle or
other conveyance upon the streets, alleys, or other public or private areas to which the
public has a right of access for vehicular use within the city by any person under the
influence of intoxicating liquor or a controlled substance.
16. Tourist camps. To license, regulate, and fix the location of any public or private tourist
camp within the city.
17. Water supply. To withdraw from any stream, watercourse, or body of water within or
without a city, or within or without, or bordering upon, this state, a supply of water
reasonably sufficient for the needs of the inhabitants of the city, and to supply the
facilities for the storage of water for all other necessary municipal purposes.
18. Dams for municipal water purposes. To erect dams upon or across streams,
watercourses, or bodies of water within or without, or bordering upon, the boundaries
of this state, and to improve, alter, or protect the bed, banks, or course thereof.
19. Water supply - Acquire necessary property. To acquire by gift, grant, lease, easement,
purchase, or, subject to chapter 32-15, by eminent domain, and to own, operate,
maintain, and improve, all lands, structures, power plants, public works, and personal
property, whether within or without this state, necessary for the maintenance and
conservation of its water supply.
20. Abandoned or unclaimed personal property. To provide by ordinance for the taking,
storage, and disposal of any personal property abandoned or left unclaimed upon the
streets, alleys, or other public ways of the city for a period exceeding ten days, and,
after holding such property for a period of not less than sixty days, to sell the same at
public sale after a notice published or posted at least ten days before the sale, and at
such place, and in such manner as may be provided by ordinance. Upon the sale of
the property, the city shall convey to the purchaser a merchantable title by a bill of
sale. At any time within six months after the sale, the owner of the property, upon
written application, is entitled to receive the proceeds of the sale from the city, less the
necessary expense of taking, storing, and selling the property. The owner of the
property may reclaim it at any time prior to the sale upon payment of the necessary
expense of taking and storing.
21. Auditoriums and public buildings. To take charge of a fully completed auditorium or
other property originally purchased or acquired for public use by public subscription,
donation, sale of stock, or otherwise, if such auditorium or other property has been
abandoned or lost by the original owner or owners, their successors or assigns, and to
operate, maintain, repair, and keep such property for public use. In the ownership,
management, use, or operation thereof, the city must be deemed to be exercising a
governmental function.
22. Dogs. To license dogs, and to regulate the keeping of dogs, including authorization for
their disposition or destruction in order to protect the health, safety, and general
welfare of the public provided, however, that license fees are waived in the case of an
assistance dog.
23. Substandard buildings or structures. The governing body of any city shall have the
authority to provide by ordinance for the demolition, repair, or removal of any building
or structure located within the limits of such city or other territory under its jurisdiction,
which creates a fire hazard, is dangerous to the safety of the occupants or persons
frequenting such premises, or is permitted by the owner to remain in a dilapidated
condition. Any such ordinance must provide for written notice to the owner of a hearing
by the governing body before final action is taken by such body. It must also provide a
reasonable time within which an appeal may be taken by the owner from any final
order entered by such governing body to a court of competent jurisdiction. The amount
of the cost of any demolition, repair, or removal of a building or structure constitutes a
lien against the real property from which the cost was incurred and the lien may be
foreclosed in judicial proceedings in the manner provided by law for loans secured by
liens on real property. If this amount is not adequate to cover the cost of demolition,
repair, or removal, the city has a lien for the amount of the additional costs on all real
property owned, or later acquired, by the owner in the city. If the city provides the
amount of the lien and the name of the owner, the county auditor shall enter on the tax
list the amount of the additional cost as a tax lien. The tax lien is enforceable by the
city in the same manner as a tax lien by a county. This subsection in no way limits or
restricts any authority which is now or may hereafter be vested in the state fire marshal
for the regulation or control of such buildings or structures.
24. Assault and battery. To prohibit by ordinance and prescribe the punishment for the
commission of assault and battery within the jurisdiction of the city.
25. Theft. To prohibit by ordinance and prescribe the punishment for the commission of
theft, as defined by chapter 12.1-23, within the jurisdiction of the city.
26. Peace bonds. To provide by ordinance for the issuance of peace bonds by the
municipal judge in accordance with the procedure in chapter 29-02.
27. Public transportation. To provide by ordinance for the purchase, acquisition, or
establishment, and operation of a public transportation system. In the alternative, to
provide for payments under a contract, approved by the governing body of the city,
with a private contractor, for the provision and operation of a public transportation
system within the city.
28. Traffic violation hearings. To enact an ordinance equivalent to section 39-06.1-04;
provided, that the penalty assessed may not exceed that authorized by section