North Dakota Code 12.1-01-05 – Crimes defined by state law shall not be superseded by city or county ordinance or by home rule city’s or county’s charter or ordinance
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Except as provided in section 40-05-06, an offense defined in this title or elsewhere by law may not be superseded by any city or county ordinance, or city or county home rule charter, or by an ordinance adopted pursuant to such a charter, and all such offense definitions shall have full force and effect within the territorial limits and other jurisdiction of home rule cities or counties. This section does not preclude any city or county from enacting any ordinance containing penal language when otherwise authorized to do so by law.
Terms Used In North Dakota Code 12.1-01-05
- Force: means physical action. See North Dakota Code 12.1-01-04
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- Rule: includes regulation. See North Dakota Code 1-01-49