EQUIPMENT OF VEHICLES—SIZE, WEIGHT, AND HEIGHT AND LOAD RESTRICTIONS

Fargo Municipal Code ch. 8, art. 8-09

in effect

Fargo Municipal Code § 8-0901 Flag or light at end of load.

8-0901. - Flag or light at end of load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the time specified in § 8-0911, a red light or lantern plainly visible from a distance of at least 600 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0902 Restrictions as to tire equipment.

8-0902. - Restrictions as to tire equipment. All tire equipment moved on any street or highway within the city shall conform to the restrictions established by North Dakota state law. Source: 1952 Rev. Ord. 1119 (1962), 2339 (1987).

Fargo Municipal Code § 8-0903 Horns and warning devices.

8-0903. - Horns and warning devices. Every motor vehicle when operated upon a street or highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than 200 feet; and it shall be unlawful, except as otherwise provided in this section, for any vehicle to be equipped with, or for any person to use upon a vehicle, any siren or exhaust, compression, or plug whistle or for any person, at any time, to use a horn otherwise than as a reasonable warning, or to make unnecessary or unreasonable loud or harsh sounds by means of a horn or other warning device. Every police or fire department, and fire patrol vehicle, and every ambulance used for emergency calls shall be equipped with a bell, siren, or exhaust whistle. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0904 Brakes on motor vehicles and motorcycles—Requirements.

8-0904. - Brakes on motor vehicles and motorcycles—Requirements. Every motor vehicle when operated upon a street shall be equipped with brakes adequate to control the movement of, and to stop and to hold, such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and be so constructed that no part which is liable to failure shall be common to the two means. A motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0905 Mirrors.

8-0905. - Mirrors. No person shall drive on a street or highway a motor vehicle which is so constructed or loaded as to prevent the driver from obtaining a view of the street or highway to the rear by looking backward from the driver's position unless such vehicle is equipped with a mirror so located as to reflect to the driver a view of the street for a distance of at least 200 feet to the rear of such vehicle. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0906 Windshields and windows must be unobstructed—Tinted windows.

8-0906. - Windshields and windows must be unobstructed—Tinted windows. A. No individual shall drive upon a street or highway any vehicle with any frost, condensation, sign, poster, lumber, cardboard, metal, or other nontransparent material upon, or in place of, the front windshield, side wings, or side or rear windows of such motor vehicle, other than a certificate or other paper required to be so displayed by law. B. An individual may not operate a motor vehicle with any object or any material or tinting displayed, affixed, or applied on the front windshield or on any window unless the object, material, or tinting in conjunction with the windshield upon which it is displayed, affixed or applied has a light transmittance of at least seventy percent (70%) or the object, material, or tinting in conjunction with a window other than the windshield upon which it is displayed, affixed, or applied has a light transmittance of at least thirty-five percent (35%). This subsection does not apply to windows behind the operator if the motor vehicle is equipped with outside mirrors on both sides that meet the requirements of North Dakota Cent. Code section 39-21-38. Source: 1952 Rev. Ord. 1119 (1962), 2431 (1989), 4038 (2000), 4351 (2003), 5515 (2025).

Fargo Municipal Code § 8-0907 Windshield wipers required.

8-0907. - Windshield wipers required. Every windshield on motor vehicles shall be equipped with a device in good working order for cleaning rain, snow, or other moisture from the windshield which shall be so constructed as to be controlled or operated by the driver of the vehicle. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0908 Mufflers required—Cutouts prohibited.

8-0908. - Mufflers required—Cutouts prohibited. No person shall drive a motor vehicle on any street or highway unless such motor vehicle is equipped with a muffler, together with any necessary extensions, pipes or resonators, in good working order and in constant operation to prevent excessive and unusual noise and annoying smoke. Such exhaust system shall operate to blend the exhaust noise into the over-all vehicle noise. No person shall use a "muffler cutout", "bypass" or similar device on any motor vehicle upon the streets or highways in the city. The exhaust system shall not emit or produce a sharp, popping or cracking sound, nor shall it emit or produce loud or explosive noises. Source: 1965 Rev. Ord. 8-0908, 1553 (1973).

Fargo Municipal Code § 8-0909 Vehicle to be constructed to prevent sifting or leaking loads.

8-0909. - Vehicle to be constructed to prevent sifting or leaking loads. No vehicle shall be driven or moved on any street or highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway. No person shall operate on any street or highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the street or highway. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0910 Lamps and lights must conform to state law.

8-0910. - Lamps and lights must conform to state law. It shall be unlawful for any person to operate any motor vehicle within the city, unless such motor vehicle is properly equipped with lamps and lights as prescribed by the laws of this state. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0911 When lighted lamps are required.

8-0911. - When lighted lamps are required. Every vehicle upon a street or highway at any time from sunset to sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the street or highway are not clearly discernible at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles. Source: 1952 Rev. Ord. 1119 (1962), 2339 (1987).

Fargo Municipal Code § 8-0912 Correction on improperly adjusted lamps.

8-0912. - Correction on improperly adjusted lamps. The driver of any motor vehicle equipped with approved head lamps, auxiliary driving lamps, rear lamps, or signal lamps, who is arrested upon the charge that such lamps are improperly adjusted or are equipped with bulbs of a candle power not approved for use therewith, shall be allowed 48 hours within which to bring such lamps into conformance with the requirements of this chapter. It shall be a defense to any such charge that the person arrested produce in court or submit to the police department traffic bureau a certificate showing that within 48 hours after such arrest, such lamps have been made to conform with the requirements of this chapter. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0913 Spot lamps—Limitations on number and use.

8-0913. - Spot lamps—Limitations on number and use. Any motor vehicle may be equipped with not to exceed two spot lamps. Every lighted spot lamp shall be aimed and used upon approaching another vehicle so that no part of the beam will be directed to the left of the center of the street or highway nor more than 100 feet ahead of the vehicle. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0914 Drawbar or connections between vehicles—Trailers and towed vehicles.

8-0914. - Drawbar or connections between vehicles—Trailers and towed vehicles. The drawbar or other connection between any two vehicles, one of which is towing or drawing the other on a street or highway, shall not exceed 15 feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope, or cable, there shall be displayed upon such connection a red flag or other signal or cloth not less than 12 inches both in length and width. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0915 Trailer to be equipped with reflectors or taillights.

8-0915. - Trailer to be equipped with reflectors or taillights. No trailer or semi-trailer shall be transported or operated in the city unless it is equipped with approved reflectors not less than three inches in diameter or with taillights. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0916 Flashing lights, prohibition.

8-0916. - Flashing lights, prohibition. Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow-removal equipment, or on any vehicle as a means of indicating a right or left turn, or as a means of indicating the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0917 Red or green light visible from in front of vehicle prohibited—Exception.

8-0917. - Red or green light visible from in front of vehicle prohibited—Exception. No person shall drive or move upon any street or highway any vehicle with any red or green light thereon visible from directly in front thereof. This section shall not apply to police, fire department, ambulance, other authorized emergency vehicles or school buses equipped as provided by North Dakota state law. Source: 1952 Rev. Ord. 1119 (1962), 2725 (1995).

Fargo Municipal Code § 8-0919 General regulations as to loading of motor vehicles.

8-0919. - General regulations as to loading of motor vehicles. No person shall: A. Ride or stand upon the running board or exterior of any moving vehicle. This provision shall not apply to police officers or firemen or other city employees while in the performance of their duties. B. Drive a vehicle containing more passengers than the seating capacity of such vehicle. C. Allow any part of the body to protrude beyond the limits of the vehicle while the vehicle is in motion except to signal change of direction as provided in this chapter. D. Drive a vehicle loaded with iron or other material likely to produce an annoying sound without using proper precautions to minimize such annoying sound. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0920 Size, weight, and load restrictions of vehicles operated within the city.

8-0920. - Size, weight, and load restrictions of vehicles operated within the city. A. No person, partnership, or corporation shall drive, operate or park, or permit to be driven, operated or parked through any agent or employee on any street or alley within the city any vehicle in violation of the restrictions on size, weight, and load established by North Dakota Century Code Chapter 39-12. B. No person, partnership or corporation shall drive, operate or park, or permit to be driven, operated or parked through any agent or employee on any street or alley within the city any vehicle the gross weight of which exceeds that determined by the bridge length formula calculation of: [image omitted; see the official code] where W equals the maximum weight in pounds of any group of two or more axels; L equals the distance in feet between the extremes of any group of two or more consecutive axels; and N equals the number of axels in group under consideration. C. No person, partnership or corporation shall drive, operate or park, or permit to be driven, operated or parked through any agent or employee on any street or alley in the city of Fargo which is not designated as a city truck route pursuant to § 8-0923 any vehicle the gross weight of which exceeds 80,000 pounds unless otherwise posted. D. No person, partnership or corporation shall drive, operate or park, or permit to be driven, operated or parked through any agent or employee on any street or alley in the city of Fargo which is designated as a city truck route pursuant to § 8-0923 any vehicle the gross weight of which exceeds 105,500 pounds unless otherwise posted. E. All maximum gross weight limitations in subsections C and D are subject to the bridge length formula calculation in subsection B. The maximum gross vehicle weight limitation is either the maximum allowed as per designation of the roadway or the bridge length formula calculation, whichever is the least amount of weight allowed. Source: 1952 Rev. Ord. 1119 (1962), 2339 (1987), 5089 (2017).

Fargo Municipal Code § 8-0920.1 Width, height, and length limitations of vehicles operated within the city.

8-0920.1. - Width, height, and length limitations of vehicles operated within the city. A. Vehicles driven, operated or parked on a street or alley in the city of Fargo may not exceed a total outside width, including load thereon, of eight feet six inches (8'6"). This limitation does not apply to: 1. Construction and building contractors' equipment and vehicles used to move such equipment which does not exceed ten feet (10') in width when being moved by contractors or resident carriers. 2. Implements of husbandry being moved by farmers, ranchers, dealers, or manufactures between sunrise and sunset which do not exceed a total outside width, including the load thereon, of fourteen feet six inches (14'6"). Any implement of husbandry that exceeds fourteen feet six inches (14'6") in width will require a city of Fargo overdimensional permit to move or operate within the city. Permits must be in the possession prior to starting any movement. The permit will contain such other restrictions as deemed necessary by the permit issuing official. The width requirements of this subsection do not apply to implements of husbandry between fourteen feet six inches (14'6") and twenty feet (20') in width on multi-lane roads and implements of husbandry that exceed fourteen feet six inches (14'6") on a single lane roads but do not cross the center line or travel on the unpaved section of the roadway. B. Vehicles driven or operated on a street or alley in the city of Fargo may not exceed a height of fourteen feet (14'), whether loaded or unloaded. The maximum legal height limitation of fourteen feet (14') applies unless routes of travel include structures such as bridges, underpasses or other structures are less than fourteen feet (14') in height. This limitation does not apply to: 1. Implements of husbandry being moved by farmers, ranchers, dealers or manufactures between sunrise and sunset which do not exceed a total height of fifteen feet six inches (15'6") high. Any implement of husbandry that exceeds fifteen feet six inches (15'6") in height will require a city of Fargo overdimensional permit to move or operate within the city. Permits must be in the possession prior to starting any movement. The permit will contain such other restrictions as deemed necessary by the permit issuing official. C. Vehicles driven or operated on a street or alley in the city of Fargo may not exceed the following length limitations: 1. A single unit vehicle with two or more axels, including the load thereon, shall not exceed a length of fifty feet (50'). 2. A combination of two, three or four units, including the load thereon, shall not exceed a length of seventy-five feet (75') on a non-designated streets. Three and four unit combinations are subject to safety rules adopted by the highway commissioner. All streets in the city of Fargo are non-designated streets except those streets designated by the city of Fargo as city truck routes pursuant to § 8-0923. 3. A combination of two, three or four units, including the load thereon, may exceed seventy-five feet (75') in length but may not exceed one-hundred and ten feet (110') in length when traveling on designated city truck routes. 4. The length of a trailer or semi-trailer, including the load thereon, may not exceed fifty-three feet (53'), except that trailers and semitrailers titled and registered in North Dakota before July 1, 1987, and towed vehicles may not exceed a length of sixty feet (60'). 5. Convertor dollies that are used to convert semi-trailers to trailers are considered trailers if they meet all lighting requirements and are equipped with brakes and safety chains. No more than one converter dolly can be towed behind a truck-tractor, semi-trailer and trailer; and no more than two converter dollies can be towed behind a truck-tractor and semi-trailer. Source: 5089 (2017).

Fargo Municipal Code § 8-0921 Regulating movement of engines, tractors, and heavy vehicles on pavement.

8-0921. - Regulating movement of engines, tractors, and heavy vehicles on pavement. No person, firm, or corporation shall move, park, or cause to be moved or parked, over or on the paved streets, sidewalks, crosswalks, culverts, bridges, and viaducts within the city any motor vehicle, tractor, trailer, wagon, truck or other commercial vehicle, or other vehicle, object, or thing which will tend to injure the paving, sidewalks, crosswalks, culverts, bridges, or viaducts over which the same are transported or which exceeds the weight or weights as established pursuant to the preceding § 8-0920 or as established in any ordinance or resolution established under § 8-0924, or any vehicle to the wheels of which are attached spurs, bars, angle irons, or cleats which will tend to mar or deface the paving, sidewalk, crosswalks, culverts, bridges, or viaducts, except as authorized by a permit granted under § 8-0922. Any person, firm, or corporation moving, parking or causing to be moved or parked, any such engines, tractors, trailers, or vehicles shall pay or cause to be paid to said city, upon demand, any and all damages done to the paving, sidewalks, crosswalks, culverts, bridges, and viaducts. Source: 1952 Rev. Ord. 1119 (1962), 2788 (1996), 5089 (2017).

Fargo Municipal Code § 8-0921.1 Failure to obtain overweight or over-dimensional vehicle permits.

8-0921.1. - Failure to obtain overweight or over-dimensional vehicle permits. No person, firm, or corporation shall move, park, or caused to be moved or parked, over or on the paved streets, sidewalks, crosswalks, culverts, bridges, and viaducts within the city any vehicle, motor vehicle, tractor, trailer, wagon, truck or other commercial vehicle, or such vehicle as may be required to obtain a permit pursuant to pursuant to § 8-0921, § 8-0922, or both said sections, without obtaining said permit. Source: 5089 (2017).

Fargo Municipal Code § 8-0922 Permits for excessive size and weight.

8-0922. - Permits for excessive size and weight. The city engineer may, under such policies as the city may establish, upon application in writing and good cause being shown therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size and weight exceeding the maximum specified in this chapter upon any street or highway under the jurisdiction of and for the maintenance of which the city is responsible. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain other restrictions or conditions deemed necessary by the city engineer. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer or other agent of the city, and it shall be unlawful for any person to violate any of the terms and conditions of such special permit. The fee for such special permit shall be established by resolution of the board of city commissioners. Source: 1952 Rev. Ord. 1119 (1962), 2789 (1996).

Fargo Municipal Code § 8-0923 Trucks prohibited on certain streets—Truck routes established—Maps and signs required.

8-0923. - Trucks prohibited on certain streets—Truck routes established—Maps and signs required. A. No truck or commercial vehicle exceeding five tons registered gross weight shall be operated in the city of Fargo except upon truck routes designated as hereinafter provided in subsection (B) of this section; provided, that this ordinance shall not prohibit: 1. Such vehicles from operating upon other city streets when delivering or picking up materials or merchandise, provided entrance or exit to or from such street is made at the nearest intersection; through streets as established elsewhere in the Fargo city ordinances shall be considered as secondary truck routes and must be used in preference to other streets whenever possible. 2. The operation of trucks owned or operated by the city of Fargo. 3. The operation of Class A emergency vehicles, as defined in the traffic ordinances of the city of Fargo, upon any street in the city. 4. Trucks making more than one delivery on any one trip may take the most direct route between one delivery and the next. B. Truck routes shall be established by resolution of the board of city commissioners, after notice and hearing. The notice shall be by one publication in the official newspaper of the city at least 15 days prior to the date of the hearing. The truck routes, as established by the board of city commissioners, shall be stated in the resolution and on an official map which shall be kept and maintained in the office of the city auditor and shall be available for public inspection. C. On each street or avenue designated as a truck route in accordance with subsection (B) above, such street or avenue may, but need not be, posted with appropriate signs. Source: 2683 (1994), 2790 (1996).

Fargo Municipal Code § 8-0924 Restricted use of streets and highways.

8-0924. - Restricted use of streets and highways. The board of city commissioners, by resolution, may prohibit the operation of vehicles or impose restrictions as to the weight of vehicles upon any street or highway under their jurisdiction or for the maintenance of which they are responsible whenever any of said streets or highways, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. The board when enacting any such resolution shall erect, or cause to be erected and maintained, signs designating the provisions of the resolution at each end of that portion of any street or highway affected thereby, and the resolution shall not be effective until or unless such signs are erected and maintained. The board may also, by resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof, on designated streets and highways, which prohibitions and limitations shall be designated by appropriate signs placed on such streets or highways. Source: 1952 Rev. Ord. 1119 (1962), 2791 (1996).

Fargo Municipal Code § 8-0925 Peace officers or other agents may weigh vehicle and require removal of excess load.

8-0925. - Peace officers or other agents may weigh vehicle and require removal of excess load. Any peace officer, designated agent of city, or city-designated personnel, having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same, either by means of portable or stationary scales, and may require that such vehicle be driven to the nearest scales. The peace officer, or other designated individual as aforesaid, may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum allowed therefor. If the driver, operator or owner of the vehicle and load fails or refuses to drive the vehicle to the nearest scale, the peace officer, or other designated individual as aforesaid, may retain and use the services of individuals capable of moving the vehicle and load to the nearest scale and require that the driver, operator or owner of the vehicle compensate the city for such services. Source: 1952 Rev. Ord. 1119 (1962), 2792 (1996), 5089 (2017).

Fargo Municipal Code § 8-0925.1 Impounding overweight vehicle.

8-0925.1. - Impounding overweight vehicle. Any vehicle found to have been located, parked, moved or used upon any highway, street, alley or other public way within the city at a weight exceeding the limitations as specified in any ordinance or resolution established under § 8-0924, or as limited by § 8-0920, may be impounded by any peace officer, designated agent of city, or city-designated personnel and taken to a warehouse, garage or other facility for storage. Source: 2793 (1996), 5089 (2017).

Fargo Municipal Code § 8-0925.2 Impounding receipt—Information.

8-0925.2. - Impounding receipt—Information. A receipt must be given by the peace officer or other person impounding the vehicle, to the driver or person in charge of such vehicle. Such receipt must identify as nearly as possible the owner of the vehicle and cargo, the driver or person in charge of such vehicle, the cargo, the place vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name and address of the impounding officer. Information as to the owner of the vehicle and cargo must be obtained from the driver or person in charge of the vehicle. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.3 Impounding notice—Perishables.

8-0925.3. - Impounding notice—Perishables. The impounding officer shall notify the owner or owners, if they can be found, by wire or telephone, of the impoundment and the charges involved. If the cargo consists of perishables, the impounding officer shall use reasonable diligence in assisting the operator or owner in finding suitable storage facilities for such perishables, but all risk of loss or damage to such perishables must be upon the owner, operator, or lessee of such vehicle. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.4 Civil complaint.

8-0925.4. - Civil complaint. The city attorney of the city shall, if no settlement is made under the next succeeding section, immediately prepare and file a civil complaint on behalf of the city for the purpose of recovering charges for the extraordinary use of the highways, streets, alleys or other public roadways of the city. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.5 Voluntary settlement of extraordinary road use fee charges.

8-0925.5. - Voluntary settlement of extraordinary road use fee charges. Before the complaint is issued pursuant to the preceding section, the owner, or the owner's driver or agent, may voluntarily pay the amount of the extraordinary road use fee, or may provide proof of surety coverage to ensure payment of the extraordinary road use fee, provided under § 8-0925.7, plus any towing or storage costs. Any settlement, whether made by the owner, or the owner's driver or agent, must be presumed to be of a voluntary nature. A peace officer or a peace officer's designee is authorized to receive the settlement payment on behalf of the city. The extraordinary road use fees must be remitted to the city auditor's office. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.6 Mailing complaint.

8-0925.6 - Mailing complaint. A copy of the complaint must be served upon the driver or person in charge of the vehicle and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address of such owner is known. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.7 Cash bond—Holding.

8-0925.7 - Cash bond—Holding. Unless a cash bond is furnished in an amount sufficient to cover the charge for extraordinary use of highways, streets, alleys or other public roadway, as provided in the next succeeding section, together with the costs which may be collectible under any subsequent settlement made pursuant to this article, said vehicle must be held until a trial of the case can be held before the district court. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.8 Trial—Charges.

8-0925.8 - Trial—Charges. At the trial of the action, the court shall hear testimony concerning the facts and if it is found that such vehicle or vehicles were located, parked, moved, or used upon the highways, streets, alleys or other public roadways of the city at a weight in excess of the limitations imposed under the provisions of this article, charges for the extraordinary use of the highways, streets, alleys, or roadways must be assessed as follows: 1. The storage charges and costs of the action must be assessed; and 2. An additional charge must be assessed as follows: 1 to 1,000 pounds [45 to 453.59 kilograms] of excess weight = $20 1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40 2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60 3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140 4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220 5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305 6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380 7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495 8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575 9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655 10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight = $1,100 11,001 to 12,000 pounds [4989.97 to 5443.10 kilograms] of excess weight = $1,200 12,001 to 13,000 pounds [5443.56 to 5896.70 kilograms] of excess weight = $1,300 13,001 to 14,000 pounds [5897.15 to 6350.29 kilograms] of excess weight = $1,680 14,001 to 15,000 pounds [6350.74 to 6803.88 kilograms] of excess weight = $1,800 15,001 to 16,000 pounds [6804.33 to 7257.47 kilograms] of excess weight = $1,920 16,001 to 17,000 pounds [7257.93 to 7711.06 kilograms] of excess weight = $2,550 17,001 to 18,000 pounds [7711.52 to 8164.66 kilograms] of excess weight = $2,700 18,001 to 19,000 pounds [8165.11 to 8618.25 kilograms] of excess weight = $2,850 19,001 to 20,000 pounds [8618.70 to 9071.84 kilograms] of excess weight = $3,000 20,001 to 21,000 pounds [9072.29 to 9525.43 kilograms] of excess weight = $4,200 21,001 to 22,000 pounds [9525.89 to 9979.02 kilograms] of excess weight = $4,400 22,001 to 23,000 pounds [9979.48 to 10432.62 kilograms] of excess weight = $4,600 23,001 to 24,000 pounds [10433.07 to 10886.21 kilograms] of excess weight = $4,800 24,001 to 25,000 pounds [10886.66 to 11339.80 kilograms] of excess weight = $5,000 25,001 to 26,000 pounds [11340.25 to 11793.40 kilograms] of excess weight = $5,200 26,001 to 27,000 pounds [11793.86 to 12246.99 kilograms] of excess weight = $5,400 27,001 to 28,000 pounds [12247.45 to 12700.59 kilograms] of excess weight = $5,600 28,001 to 29,000 pounds [12701.04 to 13154.18 kilograms] of excess weight = $5,800 29,001 to 30,000 pounds [13154.63 to 13607.77 kilograms] of excess weight = $6,000 An additional charge of $200 for every 1,000-pound [453.59 kilogram] increase over 30,000 pounds [13607.77 kilograms] consistent with the above formula. Source: 2793 (1996), 4820 (2012), 5089 (2017).

Fargo Municipal Code § 8-0925.9 Payment of charges—Confiscation—Sale.

8-0925.9. - Payment of charges—Confiscation—Sale. If the charges and costs as provided in the preceding section are not paid immediately from a cash bond previously posted or other cash payment, the judge shall order the vehicle confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the proceeds applied to the payment of the charges and costs assessed under the provisions of this article. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.10 Payment—Effect.

8-0925.10. - Payment—Effect. The payment of charges may not be construed as a payment for the future use of highways, streets, alleys and other public roadways of the city by vehicles carrying excess loads. Source: 2793 (1996).

Fargo Municipal Code § 8-0925.11 Proceeds of sale.

8-0925.11. - Proceeds of sale. The proceeds of sale must be applied first to the payment of the costs of the proceeding, including any allowable attorney's and witness fees and costs, and next to the payment of the charges assessed. Such charges must be remitted to the city auditor to be credited to the city general fund. The balance of the proceeds of any sale after the payment of costs and charges must be paid over by the sheriff to the person entitled thereto as determined by the court, or must be deposited with the clerk of the court for such payment. Source: 2793 (1996).

Fargo Municipal Code § 8-0926 Motor-driven cycles and nonmotorized traffic—Restrictions upon use of streets.

8-0926. - Motor-driven cycles and nonmotorized traffic—Restrictions upon use of streets. The traffic engineer is hereby authorized, subject to a resolution of approval by the board of city commissioners, to determine and designate those heavily traveled streets upon which shall be prohibited the use of motor-driven cycles or bicycles, horse-drawn vehicles or other nonmotorized traffic and to erect appropriate signs giving notice thereof. Disobedience of any restriction in any sign so posted is prohibited. Source: 1952 Rev. Ord. 1119 (1962), 2339 (1987).

Fargo Municipal Code § 8-0927 Load restrictions upon vehicles using certain highways.

8-0927. - Load restrictions upon vehicles using certain highways. When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on said sign at any time upon any of the streets or parts of streets so posted. Source: 1952 Rev. Ord. 1119 (1962).

Fargo Municipal Code § 8-0928 Modification of motor vehicle suspension systems and steering mechanisms prohibited.

8-0928. - Modification of motor vehicle suspension systems and steering mechanisms prohibited. Except as otherwise permitted by North Dakota state law, it shall be unlawful for any person to operate a motor vehicle of the type required to be registered under the laws of this state with an unloaded weight of 6,000 pounds or less upon the public highways with either the rear or front end suspension system or steering mechanism altered or changed from the manufacturer's original design, except that nothing contained herein shall prevent the installation of manufacturer's heavy duty equipment to include shock absorbers or overload springs nor shall anything contained herein prevent a person from operating a motor vehicle upon a public highway with normal wear of the aforementioned systems and mechanisms unless the normal wear affects the control of the vehicle through the steering mechanism. Source: 1952 Rev. Ord. 1185 (1964), 2339 (1987).

Fargo Municipal Code § 8-0929 Driving of vehicle in unsafe condition unlawful.

8-0929. - Driving of vehicle in unsafe condition unlawful. It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, upon any street or highway any vehicle or combination of vehicles which is in such an unsafe condition as to endanger any person or which does not contain equipment in proper condition or adjustment as required by this chapter or by state law or for any person to do any act forbidden or fail to perform any act required by this chapter or by state law. Nothing contained in this chapter shall be construed to prohibit the use of additional parts or accessories on any vehicle not inconsistent with the provisions of this chapter. The provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. Source: 1952 Rev. Ord. 1185 (1964).

Fargo Municipal Code § 8-0930 Law enforcement radio equipment on private vehicles prohibited without authorization.

8-0930. - Law enforcement radio equipment on private vehicles prohibited without authorization. No person shall equip or use in an automobile or any other motor vehicle a radio equipped for transmitting and/or receiving on any frequency assigned to the city of Fargo for law enforcement or police purposes by the Federal Communications Commission without first securing written authorization to do so from the chief of police of the city of Fargo. This section shall not apply to receivers which are a part of a two-way radio system, employees of a news media organization, or persons who hold a valid Federal Communications Commission license. Source: 1965 Rev. Ord. 8-0930, 1859 (1978), 2588 (1991).

Fargo Municipal Code § 8-0931 Child restraint devices required.

8-0931. - Child restraint devices required. If a child, under seven years of age, is present in any motor vehicle, that motor vehicle must be equipped with at least one child restraint system for each such child. However, a child under the age of seven who is at least fifty-seven inches [1.45 meters] tall and who weighs at least eighty pounds [36.28 kilograms] is not required to use a child restraint system. The child restraint system must at least meet the standards adopted by the United States Department of Transportation for those systems (49 CFR 571.213). While the motor vehicle is in motion, each such child must be properly secured in the child restraint system in accordance with the manufacturer's instructions. A child weighing more than forty pounds [18.14 kilograms] may be restrained by a lap belt if the vehicle is not equipped with lap and shoulder belts or if all lap and shoulder belts are in use by other occupants. While the motor vehicle is moving, each child of seven through seventeen years of age who is in the motor vehicle must be in an approved child restraint system or buckled in a seat belt. Use of child restraint systems and seat belts is not required in motor vehicles that were not equipped with seat belts when manufactured. If a child is being transported in an emergency situation, this section does not apply. Violation of this section is not, in itself, evidence of negligence. The fact of a violation of this section is not admissible in any proceeding other than one charging the violation. Source: 2154 (1984), 2375 (1987), 2592 (1991), 3063 (1999), 4490 (2005).

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_ART8-09EQVEIZWEHELOREFetched: 11/7/2026