NOTICE OF SECOND READING AND FINAL PASSA

NOTICE OF SECOND READING AND FINAL PASSAGE OF ORDINANCE NO. 1219 OF THE CITY OF WEST FARGO, NORTH DAKOTA Notice is hereby given that the City Commission of the City of West Fargo, North Dakota, at a regularly scheduled meeting on the 20th day of March, 2023, had the question of the second reading and final passage of Ordinance No. 1219 before them and duly adopted the same. The ordinance was entitled: AN ORDINANCE TO AMEND AND REENACT CHAPTER 4-200 (RELATING TO DEFINITIONS), 4-421-A.3 (RELATING TO PERMITTED USES IN THE R-R DISTRICT), 4-421-B.3 (RELATING TO PERMITTED USES IN THE R-1E DISTRICT), 4-421-C.2(RELATING TO PERMITTED USES IN THE R-LA1 DISTRICT), 4-422.2 (RELATING TO PERMITTED USES IN THE R-1A DISTRICT), 4-422-A.2 (RELATING TO PERMITTED USES IN THE R-1B DISTRICT), 4-426.2 (RELATING TO PERMITTED USES IN THE R-4 DISTRICT), 4-426-A.2 (RELATING TO PERMITTED USES IN THE R-5 DISTRICT), 4-427.2 (RELATING TO PERMITTED USES IN THE C DISTRICT), 4-427-A.2 (RELATING TO PERMITTED USES IN THE C-OP DISTRICT), 4-428.2 (RELATING TO PERMITTED USES IN THE HC DISTRICT), 4-428-A.3 (RELATING TO CONDITIONALLY PERMITTED USES IN THE LI DISTRICT), 4-429.3 (RELATING TO CONDITIONALLY PERMITTED USES IN THE M DISTRICT), AND 4-451.3 (RELATING TO AUTOMOBILE PARKING SPACE REQUIRED), AND TO REPEAL SECTIONS 4-421-A.3-A, 4-421-B.3.A, 4-421-C.2.A, 4-422.2.A, 4-422-A.2.A, 4-423.2.A, 4-423-A.2.A, 4-423-B.2.A, 4-424.2.A, 4-424.2.A, 4-426-A.2-A, AND 4-549 (ALL RELATING TO PROVISIONALLY PERMITTED USES) OF THE REVISED ORDINANCES OF 1990 OF THE CITY OF WEST FARGO. A certified copy of the ordinance is available for public inspection and copying at the office of the City Auditor between the hours of 8:00-12:00 a.m. and 1:00-5:00 p.m., all days except weekends and holidays. The penalty clause of the ordinance reads as follows: PENALTY CLAUSE: SECTION 4-574. PENALTIES FOR VIOLATION. Any person violating any section of this title shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211. Each day such violation continues shall be considered a separate offense. 1-0211. PENALTY FOR VIOLATION. Any violation of an ordinance of the City of West Fargo shall be an infraction unless another penalty is specifically provided for the violation in these ordinances, or unless state law defines an offense in language similar to the ordinance as a class B misdemeanor, in which case the violation of the ordinance shall be penalized as a class B misdemeanor. An infraction may be punished by a maximum fine of $1,000. The Municipal Judge shall have the authority to establish the penalty for each infraction which is an offense up to a maximum of $1,000, except for offenses for which a penalty is set by State law, in which case the court must sentence in accordance with State law. Any person convicted of an infraction who has, within one year before commission of the infraction of which the person was convicted, been convicted previously at least twice of the same offense classified as an infraction, may be sentenced as though convicted of a class B misdemeanor. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint or citation shall specify that the offense is a misdemeanor. A class B misdemeanor may be punished by a maximum fine of $1,500, or 30 days imprisonment, or both. BY ORDER OF THE CITY COMMISSION OF THE CITY OF WEST FARGO, NORTH DAKOTA. Bernie L. Dardis President of the Board of City Commissioners of the City of West Fargo, North Dakota (April 5, 2023) 210366