REGULATIONS GOVERNING OPERATORS

Fargo Municipal Code ch. 8, art. 8-03

in effect

Fargo Municipal Code § 8-0301 Control of vehicle—Careful driving.

8-0301. - Control of vehicle—Careful driving. The driver or person in charge of a vehicle shall at all times have the vehicle under control. All vehicles shall be driven in a careful manner and with due regard to the safety and convenience of pedestrians and all other vehicles. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0302 School zones—Designation—Driving with care.

8-0302. - School zones—Designation—Driving with care. The traffic engineer shall designate and sign school zones. Any person who drives any vehicle upon any public street or alley shall, before entering any school zone and while traversing the same, have such vehicle under perfect control and shall operate such vehicle with due caution and circumspection and at a speed and in a manner so as not to endanger or be likely to endanger any person or property and in accordance with any speed restriction sign which is posted. Source: 1952 Rev. Ord. 1119 (1962), 2341 (1987), 2515 (1990).

Fargo Municipal Code § 8-0303 Restrictions on operation of motor vehicles by certain minors.

8-0303. - Restrictions on operation of motor vehicles by certain minors. A. The driving or operation of motor vehicles, including automobiles, motorcycles, motor-driven cycles, taxicabs, trucks or other commercial vehicles and delivery cars, within the city limits of the city of Fargo by any person under the age of 16 years is prohibited, except that persons under the age of 16 years shall be permitted to operate an automobile upon compliance with, and subject to the restriction as limited by, North Dakota Century Code 39-06-05 and 39-06-17. B. Any owner or other person who knowingly allows or permits a minor under the age of 16 years to drive or operate a motor vehicle within the city limits of Fargo unless said minor is qualified under North Dakota law as aforesaid, shall be guilty of an infraction. C. An individual under the age of 18 years and who was issued a permit or license after January 1, 2012, may not operate an electronic communication device to talk, compose, read or send an electronic message while operating a motor vehicle that is in motion unless the sole purpose of operating the device is to obtain emergency assistance, to prevent a crime about to be committed, or in the reasonable belief that an individual's life or safety is in danger. Source: 1952 Rev Ord. 1119 (1962), 1965 Rev. Ord. 8-0303, 1546 (1973), 2374 (1987), 4811 (2012).

Fargo Municipal Code § 8-0304 Registration card to be carried in the driver's compartment—Inspection of card.

8-0304. - Registration card to be carried in the driver's compartment—Inspection of card. The registration card issued for a vehicle shall be carried in the driver's compartment of the vehicle at all times when the vehicle is being operated upon the streets of the city. Such card shall be subject to inspection by any peace officer. However, a person cited for violation of this section may not be found to have committed the violation if the person, within fourteen days after being cited produces and displays to the office of the prosecutor where the matter is pending, a registration card valid at the time the person was cited. A peace officer, upon citing a person for violating this section, shall inform the person that a violation will be considered as not having occurred if the person produces and displays a valid registration card in the manner provided in this section. Source: 1952 Rev. Ord. 1119 (1962), 5318 (2021).

Fargo Municipal Code § 8-0305 Current license and registration required.

8-0305. - Current license and registration required. A. It shall be unlawful for any person to commit any of the following acts: 1. To operate, drive or park or the owner thereof knowingly to permit anyone to operate, drive or park, upon the streets of the city of Fargo, any motor vehicle, trailer or semi-trailer which is required to be registered pursuant to chapter 39-04, N.D.C.C., and which registration has been cancelled or revoked, or which is not registered. 2. To display or permit to be displayed, or to have in possession, any registration card or registration number plate knowing the same to be fictitious or to have been cancelled, revoked, suspended, or altered. 3. To lend any registration number plate or registration card to any person not entitled thereto, or knowingly permit the use of any registration number plate or registration card by any person not entitled thereto. 4. To operate, drive, or park or the owner knowingly to permit anyone to operate, drive, or park, upon the streets of the city of Fargo, any motor vehicle which does not have attached and displayed two license plates and registration tabs assigned by North Dakota or other state or province for the current registration period, subject to the exemptions permitted in Chapter 39-04 of the North Dakota Century Code. Each number plate shall be clearly displayed in a horizontal and upright position, with one in the front and rear of the vehicle and must be securely fastened. Each plate must be mounted in a visible manner that clearly displays the registration number assigned to the vehicle and name of the state on the plate. The license plates must be kept free and clear of mud, dirt, ice, or snow as far as reasonably possible so as to be clearly visible. 5. To operate, drive or park or the owner to knowingly permit anyone to operate, drive, or park upon the streets of the city of Fargo any motorcycle or trailer which does not have attached and displayed a number plate and registration tab assigned by North Dakota or other state or province for the current registration period, subject to the exemptions permitted in Chapter 39-04 of the North Dakota Century Code. The number plate must be attached to the rear of the motorcycle or trailer and may be displayed vertically. The license plate must be mounted in a visible manner and clearly display the registration number assigned to the motorcycle or trailer and the name of the state on the plate. The license plate must be kept free and clear of mud, dirt, ice, or snow as far as reasonably possible so as to be clearly visible. B. It shall be unlawful to operate or drive a vehicle upon the streets of the city of Fargo unless the operator thereof has a valid operator's license or permit as required by law. Source: 1952 Rev. Ord. 1119 (1962), 1965 Rev. Ord. 8-0305, 1660 (1975), 2048 (1982), 2341 (1987), 2690 (1994), 5089 (2017), 5187 (2019), 5468 (2025).

Fargo Municipal Code § 8-0306 Restrictions imposed on license—Violation prohibited.

8-0306. - Restrictions imposed on license—Violation prohibited. No person shall operate a vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. Source: 1952 Rev. Ord. 1119 (1962), 2515 (1990).

Fargo Municipal Code § 8-0307 Unlawful use of license.

8-0307. - Unlawful use of license. It shall be unlawful for any person: A. To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious, or fraudulently altered operator's or chauffeur's license; B. To lend his operator's or chauffeur's license to any other person or knowingly permit the use thereof by another; C. To display or represent as one's own any operator's or chauffeur's license not issued to him; D. To fail or refuse to surrender to the state upon lawful demand any operator's or chauffeur's license which has been suspended, revoked, or cancelled; E. To permit any unlawful use of an operator's or chauffeur's license issued to him. Source: 1952 Rev. Ord. 1119 (1962), 2515 (1990).

Fargo Municipal Code § 8-0308 Reproducing operator's or driver's license or permit.

8-0308. - Reproducing operator's or driver's license or permit. A. It shall be unlawful for any person to print, photograph, photostat, duplicate or in any way reproduce any operator's or driver's license or permit or facsimile thereof in such a manner that it would be mistaken for a valid license, or to display or have in his possession any such printed, photograph, photostat, duplicate, reproduction or facsimile unless authorized by the provisions of the North Dakota law. B. It shall also be unlawful for any person to alter in any manner any operator's or driver's license or permit, or to display or have in his possession any altered operator's or driver's license or permit. C. Every person, firm or corporation violating this section shall, upon conviction thereof, be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment, in the discretion of the court; the court to have power to suspend said sentence and to revoke the suspension thereof. Source: 1965 Rev. Ord. 8-0308.1, 1378 (1970), 2515 (1990), 3010 (1999), 3045 (1999).

Fargo Municipal Code § 8-0309 Driving while license suspended or revoked—Impoundment of license plates.

8-0309. - Driving while license suspended or revoked—Impoundment of license plates. It shall be unlawful for any person to drive a vehicle on any public or private way, street, alley, parking lot, or area to which the public has a right of access for vehicular use, within the city, at a time when the driver's privilege to do so is suspended or revoked in any jurisdiction. If the suspension or revocation was imposed for violation of § 39-08-01 of the North Dakota Century Code or equivalent statute or ordinance or was governed by § 39-06-31 or chapter 39-20 of the North Dakota Century Code, the sentence must be at least four consecutive days' imprisonment and such fine as the court deems proper. Upon conviction for violation of this ordinance, the court may, in addition to the imposition of the penalty, order the motor vehicle number plates of the motor vehicle owned by the offender at the time of the offense to be impounded by the chief law enforcement officer of the city or designated representative for the duration of the period of suspension of the offender's driver's license or driving privileges by the licensing authority. The impounded motor vehicle number plates may be released, upon the order of the court, to a bona fide purchaser of the offender's motor vehicle, if that purchaser produces a new certificate of title issued by the registrar of motor vehicles. The municipal Judge may order the destruction of a motor vehicle number plate as permitted in state law. A court may dismiss a charge under this section upon motion by the defendant if the defendant's operator's license is reinstated within sixty days of the date of the offense and the defendant provides to the court satisfactory evidence of the reinstatement. Alternatively, upon motion, a court may grant a motion to amend a charge under this section to a violation of section 8-0305(B). Source: 1952 Rev. Ord. 1119 (1962), 1965 Rev. Ord. 8-0309, 1379 (1970), 1651 (1975), 2049 (1982), 2606 (1992), 2820 (1997), 5339 (2022), 5505 (2025).

Fargo Municipal Code § 8-0310 Persons under the influence of intoxicating liquor or controlled substances not to operate vehicle—Declaring what constitutes being under the influence of intoxicating liquor—Impoundment of license plates.

8-0310. - Persons under the influence of intoxicating liquor or controlled substances not to operate vehicle—Declaring what constitutes being under the influence of intoxicating liquor—Impoundment of license plates. A. No person shall drive, or be in actual physical control of, any vehicle upon any street, highway, public or private parking lot, or other public or private property in this city if said person is under the influence of intoxicating liquor or controlled substances. Being under the influence of intoxicating liquor or controlled substances shall be as defined by chapter 39-08 of the North Dakota Century Code including any amendments hereafter adopted. All other relevant and applicable statutes of the state of North Dakota relating to driving under the influence of intoxicating liquor or controlled substances are also incorporated herein by reference and made a part hereof. B. An individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state who refuses to submit to a chemical test or tests required under chapter 39-08 of the North Dakota Century code including any amendments hereafter adopted is guilty of an offense under this section. Source: 1952 Rev. Ord. 1119 (1962), 1198 (1965), 1965 Rev. Ord. 8-0310, 1855 (1978), 2050 (1982), 2103 (1983), 2341 (1987), 4862 (2013).

Fargo Municipal Code § 8-0311 Unlawful to have opened receptacle containing beer, alcohol, or alcoholic beverages in motor vehicles, truck, or bus.

8-0311. - Unlawful to have opened receptacle containing beer, alcohol, or alcoholic beverages in motor vehicles, truck, or bus. Except as provided in § 39-08-18 of the North Dakota Century Code, and as a passenger on a commercial pedal car containing not less than five (5) drive trains, no person shall drink or consume beer, alcohol, or alcoholic beverages, as defined by state law, in a motor vehicle, truck or other commercial vehicle, or bus or keep in a motor vehicle, truck or other commercial vehicle, or bus any bottle or receptacle containing beer, alcohol, or alcoholic beverages, as defined by state law, which has been opened or the contents of which have been partially consumed. Source: 1952 Rev. Ord. 1119 (1962), 2515 (1990), 2637 (1993), 5398 (2023).

Fargo Municipal Code § 8-0312 Person conveying passengers not to engage drivers addicted to intoxicants.

8-0312. - Person conveying passengers not to engage drivers addicted to intoxicants. No person owning or having the direction or control of any vehicle for the conveyance of passengers in this city shall employ or continue in his employment as a driver of such vehicle any person who is addicted to drunkenness or to the excessive use of intoxicating liquors. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0313 Careless driving.

8-0313. - Careless driving. An individual may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and shall drive with regard to existing actual and potential hazards. An individual shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. An individual who drives a vehicle upon a highway or private or public property open to the public for the operation of motor vehicles in violation of the requirements or restrictions of this section is guilty of careless driving. Source: 1952 Rev. Ord. 1119 (1962), 1198 (1965), 4552 (2006), 5504 (2025).

Fargo Municipal Code § 8-0314 Reckless driving.

8-0314. - Reckless driving. Any person who drives any vehicle upon a street, highway, public or private parking lot, or other public or private property in this city recklessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving. Source: 1952 Rev. Ord. 1119 (1962), 1198 (1965), 4775 (2011).

Fargo Municipal Code § 8-0315 Registration number as prima facie evidence of operation of vehicle.

8-0315. - Registration number as prima facie evidence of operation of vehicle. In any proceeding for a violation of the provisions of this chapter or any local ordinance, rule, or regulation, the registration plate displayed on the vehicle shall be prima facie evidence that the owner of such vehicle was then operating the same. If in any hearing or proceeding the owner shall testify under oath or affirmation that he was not operating the vehicle at the time of the alleged violation of this chapter or any local ordinance, rule, or regulation, and shall submit himself to an examination as to who at that time was operating such vehicle, and reveal the name of the person, if known to him, or, if the information is made in a county other than that of his own residence, shall forward to the magistrate an affidavit setting forth these facts, then the prima facie evidence arising from the registration plate shall be overcome and removed and the burden of proof shifted. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0316 Unlawful to permit unauthorized persons to drive.

8-0316. - Unlawful to permit unauthorized persons to drive. No person shall authorize or knowingly permit a vehicle owned by him or under his control to be driven upon any property, parking lot, street, or highway by any person who is not authorized under this chapter or any other city ordinance, or to be driven in violation of any provision of this chapter or of any city ordinance. Source: 1952 Rev. Ord. 1185 (1964).

Fargo Municipal Code § 8-0317 Racing and exhibition driving on streets, alleys and public ways.

8-0317. - Racing and exhibition driving on streets, alleys and public ways. A. No person shall engage in exhibition driving of any vehicle on a highway, street, alley, sidewalk, public way, or any public or private parking lot or area within the city of Fargo, nor shall any person engage in a speed competition, race, drag race, acceleration contest, test of physical endurance, or exhibition of speed or acceleration on any highway, street, alley, sidewalk, public way, or any public or private parking lot or area within the city of Fargo, nor shall any person in any manner participate in any such race, drag race, competition, contest, or exhibition. B. The following definitions shall apply to the interpretation and enforcement of this ordinance: 1. "Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or the operation of one or more vehicles over a common selected course, from the same to the same point, for the purpose of comparing the relative speeds or powers of acceleration of such vehicle or vehicles within a certain distance or time limit. 2. "Exhibition driving" means driving a vehicle in such a manner that it creates or causes unnecessary engine noise, tire squeal, skid or slide upon acceleration, braking or stopping; or that causes the vehicle to unnecessarily turn abruptly or sway; or driving and executing or attempting one or a series of unnecessarily abrupt turns. 3. "Race" means the use of one or more vehicles in an attempt to outgain, outdistance, or to arrive at a given distance ahead of another vehicle or vehicles; or the use of one or more vehicles to willfully prevent another vehicle from passing the racing vehicle or vehicles or to test the physical stamina or endurance of the person or persons driving the vehicles over a long distance driving route. C. Nothing in this ordinance shall be construed as prohibiting drag racing, exhibition driving, racing or similar events when carried out in an organized manner on a track or other privately owned area specifically set aside and used solely for such purposes by drivers of motor vehicles, including snowmobiles. Source: 1965 Rev. Ord. 8-0317, 1653 (1975).

Fargo Municipal Code § 8-0318 Operation of motor vehicles on bicycle trails prohibited.

8-0318. - Operation of motor vehicles on bicycle trails prohibited. No person shall operate any motor vehicle on any of the bicycle trails which are so designated and marked by the Park District of the city of Fargo. This ordinance shall not apply to police vehicles or maintenance vehicles while on official duties. Source: 1965 Rev. Ord. 8-0319, 1640 (1975), 2515 (1990).

Fargo Municipal Code § 8-0319 Operation of motor vehicles in park or playground.

8-0319. - Operation of motor vehicles in park or playground. No person shall operate any motor vehicle in any area of a park or playground except a maintained and designated street or parking area. This ordinance shall not apply to police vehicles or maintenance vehicles while on official duties. Source: 1965 Rev. Ord. 8-0320, 1640 (1975), 2515 (1990).

Fargo Municipal Code § 8-0320 Driving without liability insurance prohibited.

8-0320. - Driving without liability insurance prohibited. A. A person may not drive, or the owner may not cause or knowingly permit to be driven, a motor vehicle in this city without a valid policy of liability insurance in effect in order to respond in damages for liability arising out of the ownership, maintenance, or use of that motor vehicle in the amount required by chapter 39-16.1, N.D.C.C. B. Upon being stopped by a law enforcement officer for the purpose of enforcing or investigating the possible violation of an ordinance or state law, the person driving the motor vehicle shall provide to the officer upon request satisfactory evidence, including written or electronic proof of insurance, of the policy required under this section. If unable to comply with the request, that person may be charged with a violation of this section. If that person produces satisfactory evidence, including written or electronic proof of insurance, of a valid policy of liability insurance in effect at the time of the alleged violation of this section to the office of the prosecutor where the matter is pending, that person may not be convicted or assessed any administration fee for violation of subsection A. C. Notwithstanding section 26.1-30-18, N.D.C.C., a person may be convicted for failure to have a valid policy of liability insurance in effect under this section if the time of acquisition of the policy was after the time of the alleged incidence of driving without liability insurance. If the time of acquisition of the policy comes into question, the driver or owner has the burden of establishing the time of acquisition. If the driver is not an owner of the motor vehicle, the driver does not violate this section if the driver provides the court with evidence identifying the owner of the motor vehicle and describing circumstances under which the owner caused or permitted the driver to drive the motor vehicle. D. Violation of subsection A is a noncriminal offense and the sentence imposed must include a fine of one hundred fifty dollars which may not be suspended. A person convicted for a second or subsequent violation of driving without liability insurance within a three-year period must be fined three hundred dollars which may not be suspended. For a second or subsequent conviction for violation of subsection A, the court shall order the motor vehicle number plates of the motor vehicle owned and operated by the person at the time of the violation to be impounded until that person provides proof of insurance and a twenty dollar fee to the office of the police officer that made the arrest and notify the department of the order. The person shall deliver the number plates to the court without delay at a time certain as ordered by the court following the conviction. The court shall deliver the number plates to the department. A person who does not provide the number plates to the court at the appropriate time is guilty of a class B misdemeanor. Source: 2047 (1982), 2515 (1990), 2742 (1995), 2815 (1997), 4635 (2008), 4739 (2010), 4865 (2013), 5318 (2021).

Fargo Municipal Code § 8-0321 Use of a wireless communication device prohibited.

8-0321. - Use of a wireless communication device prohibited. A. The operator of a motor vehicle that is part of traffic may not use a wireless communication device to compose, read or send an electronic message. B. The following definitions shall apply to the interpretation and enforcement of this ordinance: 1. "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. The term includes e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. The term does not include: a. Reading, selecting, or entering a telephone number, an extension number, or voice mail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a telephone or cellular phone call or using voice commands to initiate or receive a telephone or cellular phone call; b. Inputting, selecting, or reading information on a global positioning system device or other navigation system device; c. Using a device capable of performing multiple functions, such as fleet management systems, dispatching devices, smart phones, citizen band radios, music players, or similar devices, for a purpose that is not otherwise prohibited; d. Voice or other data transmitted as a result of making a telephone or cellular phone call; e. Data transmitted automatically by a wireless communication device without direct initiation by an individual; or f. A wireless communications device used in a voice-activated, voice-operated, or any other hands-free manner. 2. "Traffic" means operation of a motor vehicle while in motion or for the purposes of travel on any street or highway and includes a temporary stop or halt of motion, such as at an official traffic-control signal or sign. The term does not include a motor vehicle that is lawfully parked. C. This section does not apply if a wireless communication device is used for obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard or to prevent a crime about to be committed, in the reasonable belief that an individual's life or safety is in immediate danger, or in an authorized emergency vehicle while in the performance of official duties. Source: 4799 (2011), 5111 (2017).

Fargo Municipal Code § 8-0322 Distracted driving.

8-0322. - Distracted driving. A. An operator of a motor vehicle shall maintain control of that motor vehicle without distraction at all times. An individual is in violation of this section if that individual: 1. Commits an offense under this chapter or Title 39 of the North Dakota Century Code and, at the time of the offense, the individual was engaged in the operation of a motor vehicle while distracted; or 2. Is determined to have been the operator of a motor vehicle that was involved in a reportable accident as defined in section 39-08-09 which resulted in property damage and, at the time the reportable accident occurred, the individual was engaged in the operation of a motor vehicle while distracted. B. The elements of an offense under this section are the elements of the offense for a violation of this chapter or Title 39 of the North Dakota Century Code and the additional elements that create an offense under the above subsection. C. An individual may be issued a citation or summons for any other traffic offense that was committed by the individual in relation to the individual's commission of this traffic offense. D. As used in this section, "operation of a motor vehicle while distracted" means the operation of a motor vehicle by an individual who, while operating the vehicle, is engaged in an activity that: 1. Is not necessary to the operation of the vehicle; and 2. Actually impairs, or would reasonably be expected to impair, the ability of the individual to safely operate the vehicle. Source: 5110 (2017).

Fargo Municipal Code § 8-0323 License to be carried and exhibited on demand.

8-0323. - License to be carried and exhibited on demand. An individual licensed to operate a motor vehicle shall have the operator's license in the individual's immediate possession at all times when operating a motor vehicle and shall physically surrender the operator's license upon demand of any court or police officer; however, an individual charged with violating this section may not be convicted or assessed any court costs if the individual produces within fourteen days of being cited, to the office of the prosecutor where the matter is pending, a valid operator's license issued to that individual that is not under suspension, revocation, or cancellation at the time of the individual's arrest. Source: 5187 (2019), 5318 (2021).

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_ART8-03REGOOPFetched: 11/7/2026