ARREST PROCEDURE

Fargo Municipal Code ch. 8, art. 8-16

in effect

Fargo Municipal Code § 8-1601 Arresting person for violating traffic regulations—Duty of officer arresting.

8-1601. - Arresting person for violating traffic regulations—Duty of officer arresting. Whenever any resident of the city is arrested for the violation of any of the provisions of this chapter, the officer arresting such person, except as otherwise provided, shall: A. Take the name and address of such person; B. Take the license number of his motor vehicle; C. Issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice; and D. A peace officer, without a warrant, may arrest a person, on a charge made upon reasonable cause of driving or being in actual physical control of a vehicle while under the influence of alcoholic beverages. Source: 1965 Rev. Ord. 8-1601, 1311 (1969).

Fargo Municipal Code § 8-1602 Hearing upon arrest—Time of hearing—Promise of defendant to appear—Failure of defendant to appear.

8-1602. - Hearing upon arrest—Time of hearing—Promise of defendant to appear—Failure of defendant to appear. A. The time to be specified in the summons or notice provided for in § 8-1601 shall be at least two days after such arrest unless the person arrested shall demand an earlier hearing, and if the person arrested desires, he may have the right, at a convenient hour, to an immediate hearing or to a hearing within 24 hours. Such hearing shall be before a municipal judge of the city. Upon the receipt from the arrested person of a written promise to appear at the time and place mentioned in the summons or notice, such officer shall release him from custody. Any person refusing to give such written promise to appear shall be taken immediately, or as soon as possible, by the arresting officer before the nearest or most accessible municipal judge. B. A willful failure to keep a written promise to appear shall be a separate violation of this chapter regardless of the disposition of the charge upon which such person originally was arrested. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1603 When defendant not entitled to release upon promise to appear.

8-1603. - When defendant not entitled to release upon promise to appear. The provisions of § 8-1602 shall not apply if the arresting officer shall have good reason to believe such person guilty of any felony, or when such person is arrested and charged with either of the following offenses: A. Causing or contributing to an accident resulting in injury or death of any person; B. Driving while under the influence of intoxicating liquor or a narcotic drug. The arresting officer forthwith shall take any person not released upon his promise to appear before the proper judge. Source: 1952 Rev. Ord. 1119 (1962), 2515 (1990).

Fargo Municipal Code § 8-1604 Arrest of nonresident traffic violator.

8-1604. - Arrest of nonresident traffic violator. A police officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when the officer has reasonable and probable grounds, based upon personal investigation, to believe that the person has committed any offense under the provisions of this chapter in connection with the accident and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper judge. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1605 Fines and forfeitures—Disposition—Bail schedule.

8-1605. - Fines and forfeitures—Disposition—Bail schedule. All fines or forfeitures collected upon conviction or upon forfeiture of bail of any person charged with the violation of any provisions of this chapter shall be disposed of as by law provided. The municipal judge may file with the police chief a schedule in writing, subscribed by the judge and based on the offense charged, indicating the amount of bail fixed by such judge for the release of persons arrested or charged with any violation of this chapter, which schedule shall be applicable for the bail to be furnished in his absence from court, and any person who pays or delivers such bail to the chief of police or any other person in charge of the police department at the time, during the absence of the municipal judge, shall be immediately released from custody. Provided, that the payment or delivery of such bail shall be a waiver of any defect or irregularity or any previous defect or irregularity in such proceedings, including the arrest of such person; and provided further, that the municipal judge may, in all cases where he is present in court, fix bail in such amounts or upon such conditions as may be provided by law and within his discretion without regard to bail schedule provided and applicable in his absence from court. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1606 Parking Tickets.

8-1606. - Parking Tickets. Any officer or representative of the police department who finds any motor vehicle located within the city at a place or in a condition which is at the time in violation of any of the provisions of article 8-10 (Parking Regulations) may affix a parking ticket to any portion of such motor vehicle. The parking ticket shall give notice in writing requiring the owner or person in possession of the motor vehicle to pay a parking fine in the amount as set forth in § 1-0305. For purposes of this article, where action may be taken or a function fulfilled by a representative of the police department, said representative may be one or more non-police-officer employees or may be a person, firm or other entity that has been designated by the police department or by the board of city commissioners to take such action or perform such function. In the event the owner or person in possession of said motor vehicle disputes the validity of the parking ticket, such person shall be entitled to a review of the alleged violation by submitting a written request thereof to the police department if the parking ticket was issued by the city of Fargo, or to the North Dakota State University Parking Office if the parking ticket was issued by North Dakota State University, within five (5) days of the date of the issuance of the parking ticket. The review shall be conducted within five (5) days of the request by a person designated by the chief of police or by a representative of the police department to conduct such proceedings. After said review of the parking ticket, if the parking ticket is not voided, the owner or person in possession of the motor vehicle shall have five (5) days from the date of notification to request a hearing in Fargo Municipal Court. Failure to timely pay the fine amount or request a hearing will result in an increase in the fine/fee amount. In the event the owner or person in possession of the motor vehicle requests a hearing in Fargo Municipal Court he may do so by posting a bond with the Clerk of Municipal Court in an amount equal to the dollar amount of the parking ticket. A copy of the parking ticket review form completed at the time a written request is made to the police department or North Dakota State University must be submitted to the Fargo Municipal Court at the time a hearing is requested. The clerk of Fargo Municipal Court shall provide notice of the time and place of the hearing. If after the hearing the Fargo Municipal Court makes a determination of not guilty, any sums paid to Fargo Municipal Court shall be returned to the person who requested the hearing. Sentencing upon a determination of guilt shall be in accordance with the Fargo Municipal Code. The parking ticket which is issued pursuant to this section shall include a notice that the motor vehicle being tagged is subject to impoundment if the owner neither requests a review, nor pays the fine within the time allotted or after the review, if the parking ticket is determined to be valid. The foregoing procedure as set forth in this section is not exclusive, but is in addition to any other remedies or procedures provided by law. Source: 1952 Rev. Ord. 1119 (1962), 2746 (1995), 4677 (2008), 4691 (2008), 4701 (2009), 5017 (2016).

Fargo Municipal Code § 8-1607 Reports kept by municipal judge.

8-1607. - Reports kept by municipal judge. The municipal judge shall keep and file a report of every case in which a person is charged with violation of any provision of this chapter; provided, however, that reports regarding parking tickets issued pursuant to § 8-1606 of this article shall be maintained by the police department. Source: 1952 Rev. Ord. 1119 (1962), 2746 (1995).

Fargo Municipal Code § 8-1608 When copy of citation shall be deemed a lawful complaint.

8-1608. - When copy of citation shall be deemed a lawful complaint. In the event the form of citation includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with the court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1609 Failure to comply with traffic citation attached to parked vehicle.

8-1609. - Failure to comply with traffic citation attached to parked vehicle. If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the police department may send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five days a warrant of arrest may be issued. Source: 1952 Rev. Ord. 1119 (1962), 2318 (1987).

Fargo Municipal Code § 8-1610 Presumption in reference to illegal parking.

8-1610. - Presumption in reference to illegal parking. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1611 When warrant for arrest to be issued.

8-1611. - When warrant for arrest to be issued. In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal judge's court, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the police department shall secure, from the municipal judge, a warrant for his arrest. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-1612 Delinquent parking tickets—Impounding of vehicles.

8-1612. - Delinquent parking tickets—Impounding of vehicles. Motor vehicles having delinquent parking tickets may be impounded in accordance with § 8-0126. Source: 1965 Rev. Ord. 8-1612, 1661 (1975).

Source: City of Fargo, North Dakota, Fargo Municipal Code and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nd/fargo/codes/code_of_ordinances?nodeId=FARGO_MUNICIPAL_CODECIFANODA_CH8TRCO_ART8-16ARPRFetched: 11/7/2026