N.D. Cent. Code § 42-01-14 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-14
42-01-14. Lapse of time - Effect on public nuisance
Status: in_force

42-01-14. Lapse of time - Effect on public nuisance

No lapse of time can legalize a public nuisance amounting to an actual obstruction of public

right.
N.D. Cent. Code § 42-01-08 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-08
42-01-08. Civil action - When maintainable by a private person
Status: in_force

42-01-08. Civil action - When maintainable by a private person

A private person may maintain an action for a public nuisance if it is specially injurious to

that person or that person's property, but not otherwise.
N.D. Cent. Code § 42-02-02 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-02
42-02-02. Injunction - Proceedings
Status: in_force

42-02-02. Injunction - Proceedings

If the action is brought by a citizen, that citizen shall give a bond in an amount sufficient to

cover the costs of such action as the court may direct. An injunction shall be granted at the

commencement of an action for the abatement of a nuisance in the usual manner of granting

injunctions, except that the affidavit or complaint, or both, may be made by the state's attorney,

the attorney general, or an assistant, upon information and belief. When an injunction, either

temporary or permanent, has been granted under the provisions of this section, it shall be

binding on the defendant or defendants throughout the entire state.
N.D. Cent. Code § 42-02-04 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-04
42-02-04. Nuisance - Abatement
Status: in_force

42-02-04. Nuisance - Abatement

If a place is found, upon the judgment of a jury, court, or judge having jurisdiction, to be a

nuisance, a law enforcement officer of the county or city where the nuisance is located shall

close and abate such place by taking possession thereof, together with all personal property

used in keeping and maintaining the nuisance, and close the same against use by anyone and

keep it closed for a period of one year from the date of the judgment decreeing it to be a

nuisance. After judgment, such officer publicly shall destroy the personal property used in

keeping and maintaining the nuisance. Any person breaking open said building, erection, or

place or using the premises so ordered to be closed shall be punished for contempt as provided

by this chapter.
N.D. Cent. Code § 42-02-09 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-09
42-02-09. Reasonable attorney's fees
Status: in_force

42-02-09. Reasonable attorney's fees

In case judgment is rendered in favor of the plaintiff in any action brought under the

provisions of section 42-02-02, the court or judge rendering it also shall render judgment for

reasonable attorney's fees in favor of the plaintiff and against the defendants therein. Such

attorney's fees shall be taxed and collected as other costs in the action, and when collected

shall be paid to the attorney for the plaintiff therein. If such attorney is the attorney general or

state's attorney, such attorney's fees shall be paid into the county treasury and credited to the

general fund of the county.
N.D. Cent. Code § 42-02-03 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-03
42-02-03. Temporary injunction - When officers take possession of property
Status: in_force

42-02-03. Temporary injunction - When officers take possession of property

If, at the time of granting the temporary injunction, an affidavit shall be presented to the

court or judge stating or showing that acts are being committed contrary to law upon the

premises where said nuisance is located, the court or judge must issue the court's or judge's

warrant commanding the officer serving said writ of injunction, at the time of service, to take

possession and custody of any articles or property used or employed contrary to law. The officer

shall take and hold the possession of such property until final judgment is entered, or until the

possession of such property shall be disposed of by an order of the court or judge upon a

hearing had before it for such purpose. The expense for such holding shall be taxed as a part of

the costs in the action.
N.D. Cent. Code § 42-02-05 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-05
42-02-05. When premises released
Status: in_force

42-02-05. When premises released

If the proceeding is an action either at law or in equity and a bond is given and the costs

therein are paid, the premises shall be released at the end of one year from the date of the

service of the temporary injunctional order, if in an equity case, or from the closing of the

premises, if in a criminal case. In the meantime, and in either form of action, the premises where

such nuisance was kept and maintained shall be regarded as being under a restraining order of

the court, a violation of which will subject the violator to punishment for contempt. The release of

the property under the provisions of this section shall not release it from any judgment, lien,

penalty, or liability to which it may be subject under any statute or law.
N.D. Cent. Code § 42-02-07 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-07
42-02-07. Evidence admissible
Status: in_force

42-02-07. Evidence admissible

In a prosecution under this chapter in a civil proceeding, evidence of the general reputation

of the house, building, room, or place designated in the complaint shall be admissible for the

purpose of proving the existence of a nuisance. Proof of the fact that any person has pleaded

guilty to violation of the provisions of any city ordinance or any other law of the land enacted to

prevent a nuisance also is admissible, if it can be shown further that such person, when

pleading guilty, was or had been, at the time and place mentioned in the complaint in the action

then pending before the court, a frequenter or inmate of such house, building, room, or place,

and such proof shall be deemed prima facie evidence of the guilt of the defendant.
N.D. Cent. Code § 42-02-01 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-01
42-02-01. Who may bring abatement
Status: in_force

42-02-01. Who may bring abatement

The attorney general, the state health officer, the state's attorney, or any citizen of the

county where a nuisance exists or is maintained, may bring an action in the name of the state to

abate and perpetually enjoin the nuisance.
N.D. Cent. Code § 42-02-10 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-10
42-02-10. Injunction - Penalty for violation
Status: in_force

42-02-10. Injunction - Penalty for violation

Any person violating the terms of an injunction for the abatement of a nuisance in any place

in this state is guilty of contempt of court.
N.D. Cent. Code § 42-01-10 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-10
42-01-10. Abatement by private persons
Status: in_force

42-01-10. Abatement by private persons

Any person may abate a public nuisance which is specially injurious to that person by

removing, or, if necessary, destroying, the thing which constitutes the nuisance, but that person

shall not commit a breach of the peace or do unnecessary injury while exercising this right.
N.D. Cent. Code § 42-04-02 — ND Code / Title 42 / Chapter 42-04 / Section 42-04-02
42-04-02. Agricultural operation deemed not nuisance
Status: in_force

42-04-02. Agricultural operation deemed not nuisance

An agricultural operation is not, nor shall it become, a private or public nuisance by any

changed conditions in or about the locality of such operation after it has been in operation for

more than one year, if such operation was not a nuisance at the time the operation began,

except that the provisions of this section shall not apply when a nuisance results from the

negligent or improper operation of any such agricultural operation.
N.D. Cent. Code § 42-01-13 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-13
42-01-13. Liability of successive owners of property for failure to abate nuisance
Status: in_force

42-01-13. Liability of successive owners of property for failure to abate nuisance

Every successive owner of property who neglects to abate a continuing nuisance upon or in

the use of such property created by a former owner is liable therefor in the same manner as the

one who first created it.
N.D. Cent. Code § 42-03-01 — ND Code / Title 42 / Chapter 42-03 / Section 42-03-01
42-03-01. When dogs are a public nuisance
Status: in_force

42-03-01. When dogs are a public nuisance

Any dog that habitually molests a person traveling peaceably on the public road or street is

a public nuisance. Upon written complaint to a district or municipal judge describing the dog,

giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging

that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's

owner that a complaint has been filed that the dog has been molesting certain persons and that

the owner shall take the necessary action to prevent the dog from any further violations of this

chapter. If the district or municipal judge receives a further complaint regarding the dog after

notice has been given under this section, the judge shall issue a summons, if the owner is

known, commanding the owner to appear before the judge in the same manner as other court

summonses.
N.D. Cent. Code § 42-01-01 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-01
42-01-01. Nuisance - Definition
Status: in_force

42-01-01. Nuisance - Definition

A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or

omission:

1. Annoys, injures, or endangers the comfort, repose, health, or safety of others;

2. Offends decency;

3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for

passage, any lake, navigable river, bay, stream, canal, basin, public park, square,

street, or highway; or

4. In any way renders other persons insecure in life or in the use of property.
N.D. Cent. Code § 42-03-03 — ND Code / Title 42 / Chapter 42-03 / Section 42-03-03
42-03-03. Hearing - Judgment - Execution
Status: in_force

42-03-03. Hearing - Judgment - Execution

On the day of hearing the district or municipal judge shall hear the evidence in the case. If

the judge finds that the dog is a public nuisance, judgment must be entered accordingly, and the

judge shall order any peace officer to kill and bury the dog, which order the peace officer shall

forthwith execute.
N.D. Cent. Code § 42-01-02 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-02
42-01-02. Private nuisance - Definition
Status: in_force

42-01-02. Private nuisance - Definition

A private nuisance is one which affects a single individual or a determinate number of

persons in the enjoyment of some private right not common to the public.
N.D. Cent. Code § 42-01-15 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-15
42-01-15. Maintaining public nuisance - Penalty
Status: in_force

42-01-15. Maintaining public nuisance - Penalty

Every person who maintains or commits any public nuisance, the punishment for which is

not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal

of a public nuisance, is guilty of a class A misdemeanor.
N.D. Cent. Code § 42-01-03 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-03
42-01-03. Private nuisance - Remedies against
Status: in_force

42-01-03. Private nuisance - Remedies against

The remedies against a private nuisance are:

1. A civil action; or

2. Abatement.
N.D. Cent. Code § 42-03-02 — ND Code / Title 42 / Chapter 42-03 / Section 42-03-02
42-03-02. Owner of dog not known
Status: in_force

42-03-02. Owner of dog not known

If it appears from the complaint that the owner is not known, ten days' notice shall be given

by publication in one issue of a newspaper having wide circulation in the area. Such notice shall

contain a description of the dog as given in the complaint, a statement that such complaint has

been made, and the time and place of hearing thereon.
N.D. Cent. Code § 42-01-09 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-09
42-01-09. Abatement by public officer
Status: in_force

42-01-09. Abatement by public officer

A public nuisance may be abated by any public body or officer authorized thereto by law.
N.D. Cent. Code § 42-01-12 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-12
42-01-12. Act done under statutory authority not deemed nuisance
Status: in_force

42-01-12. Act done under statutory authority not deemed nuisance

Nothing which is done or maintained under the express authority of a statute shall be

deemed a nuisance.
N.D. Cent. Code § 42-01-07 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-07
42-01-07. Public nuisance - Remedies against
Status: in_force

42-01-07. Public nuisance - Remedies against

The remedies against a public nuisance are:

1. Indictment;

2. Filing an information;

3. Bringing a criminal action before a district judge;

4. A civil action; or

5. Abatement.
N.D. Cent. Code § 42-01-06 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-06
42-01-06. Public nuisance - Definition
Status: in_force

42-01-06. Public nuisance - Definition

A public nuisance is one which at the same time affects an entire community or

neighborhood or any considerable number of persons, although the extent of the annoyance or

damage inflicted upon the individuals may be unequal.
N.D. Cent. Code § 42-01-11 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-11
42-01-11. Right to damages not prejudiced by abatement
Status: in_force

42-01-11. Right to damages not prejudiced by abatement

The abatement of a nuisance does not prejudice the right of any person to recover

damages for its past existence.
N.D. Cent. Code § 42-03-04 — ND Code / Title 42 / Chapter 42-03 / Section 42-03-04
42-03-04. Costs
Status: in_force

42-03-04. Costs

Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the

owner is known, judgment shall be entered against the owner for such costs.
N.D. Cent. Code § 42-04-04 — ND Code / Title 42 / Chapter 42-04 / Section 42-04-04
42-04-04. Effect on local ordinances
Status: in_force

42-04-04. Effect on local ordinances

Any ordinance or resolution of any unit of local government that makes the operation of any

agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the

circumstances set forth in this chapter is void, except that the provisions of this section shall not

apply when a nuisance results from the negligent or improper operation of any such agricultural

operation or from an agricultural operation located within the corporate limits of any city as of

July 1, 1981.
N.D. Cent. Code § 42-04-05 — ND Code / Title 42 / Chapter 42-04 / Section 42-04-05
42-04-05. Effect on contracts
Status: in_force

42-04-05. Effect on contracts

This chapter shall not be construed to invalidate any contracts made prior to the enactment

of this chapter, but, insofar as contracts are concerned, it is only applicable to contracts and

agreements to be made on or after July 1, 1981.
N.D. Cent. Code § 42-01-01.2 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-01.2
42-01-01.2. Disorderly house - Public nuisance
Status: in_force

42-01-01.2. Disorderly house - Public nuisance

An owner or lessee, or both, of a house or building that is used in a manner that habitually

disturbs the peace, comfort, or decency of the immediate neighborhood is guilty of maintaining a

public nuisance. A lessee is not guilty of an offense under this section unless the lessee is the

cause of the nuisance.
N.D. Cent. Code § 42-04-01 — ND Code / Title 42 / Chapter 42-04 / Section 42-04-01
42-04-01. Agricultural operation defined
Status: in_force

42-04-01. Agricultural operation defined

As used in this chapter, "agricultural operation" means the science and art of producing

plants and animals useful to people, by a corporation or a limited liability company as allowed

under chapter 10-06.1, or by a corporation or limited liability company, a partnership, or a

proprietorship, and includes the preparation of these products for people's use and the disposal

of these products by marketing or other means. The term includes livestock auction markets

and horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all

forms of farm products, and farm production.
N.D. Cent. Code § 42-02-06 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-06
42-02-06. Termination of lease by owner under injunction releases property - Notice to tenant
Status: in_force

42-02-06. Termination of lease by owner under injunction releases property - Notice

to tenant.

When leasehold premises are closed under an injunctional order or have been adjudged to

be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days'

notice thereof in writing to the tenant, and after giving such notice, if the owner shall prove to the

court that the owner was without fault, and had not knowingly nor negligently permitted the

keeping or maintaining of the nuisance complained of, the premises shall be turned over to the

owner upon the order of the court. The release of the property shall be upon the condition that

the nuisance shall not be continued and that the return of the property shall not release any lien

upon said property occasioned by any prosecution of the tenant. If the owner appears and pays

all costs of the proceedings and files a bond with sureties to be approved by the court,

conditioned that the owner immediately will abate said nuisance and will prevent it from being

established or kept therein within the period of one year thereafter, the court or the judge, if

satisfied of the owner's good faith, may order that the premises taken and closed be released

and the said order of abatement canceled so far as it may relate to said property.
N.D. Cent. Code § 42-04-03 — ND Code / Title 42 / Chapter 42-04 / Section 42-04-03
42-04-03. Recovery for water pollution, condition, or overflow
Status: in_force

42-04-03. Recovery for water pollution, condition, or overflow

The provisions of section 42-04-02 shall not affect or defeat the right of any person to

recover damages for any injury or damage sustained by the person on account of any pollution

of or change in the condition of the waters of any stream or on account of any overflow of lands

of any such person.
N.D. Cent. Code § 42-01-05 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-05
42-01-05. Abatement - When notice required
Status: in_force

42-01-05. Abatement - When notice required

When a private nuisance results from a mere omission of the wrongdoer and cannot be

abated without entering upon the wrongdoer's land, reasonable notice shall be given to the

wrongdoer before entering to abate it.
N.D. Cent. Code § 42-02-08 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-08
42-02-08. Claim of privilege denied
Status: in_force

42-02-08. Claim of privilege denied

No person shall be excused from giving any testimony or evidence upon any investigation

or proceeding for a violation of this chapter upon the ground that such testimony would tend to

convict the person of a crime, but such testimony or evidence shall not be received against the

person upon any criminal investigation or proceeding.
N.D. Cent. Code § 42-01-01.1 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-01.1
42-01-01.1. Sport shooting range deemed not a nuisance
Status: in_force

42-01-01.1. Sport shooting range deemed not a nuisance

If a sport shooting range has been in operation for one year since the date on which it

began operation as a sport shooting range, it does not become a public or private nuisance as a

result of changed conditions in or around the locality of the sport shooting range. If a sport

shooting range remains in compliance with noise control or nuisance abatement rules or

ordinances in effect on the date on which it commenced operation, it is not subject to a civil or

criminal action resulting from or relating to noise generated by the operation of the sport

shooting range. A person who acquires title to real property that is adversely affected by the

operation of a permanently located and improved sport shooting range constructed and initially

operated before that person acquired title to the property adversely affected may not maintain a

civil action on the basis of noise or noise pollution against the person who owns or operates the

sport shooting range. A rule, resolution, or ordinance relating to noise control, noise pollution, or

noise abatement adopted by the state or a political subdivision may not be applied to prohibit

the operation of a sport shooting range, provided the conduct was lawful and being conducted

before the adoption of the rule, resolution, or ordinance. Except as otherwise provided in this

section, a political subdivision may regulate the location and construction of a sport shooting

range after August 1, 1999. Notwithstanding any other provision of law, a county or city enacting

a home rule charter under chapter 11-09.1, 40-05.1, or 54-40.4 may not regulate a sport

shooting range except as otherwise provided in this section. As used in this section, sport

shooting range means an area designated and operated by a person for the sport shooting of

firearms or any area so designated and operated by the state or a political subdivision,

regardless of the terms for admission to the sport shooting range.
N.D. Cent. Code § 42-02-11 — ND Code / Title 42 / Chapter 42-02 / Section 42-02-11
42-02-11. Contempt proceeding
Status: in_force

42-02-11. Contempt proceeding

A contempt proceeding arising out of the violation of any injunction granted under the

provisions of this chapter must be conducted in the manner prescribed for the conduct of such

proceeding in chapter 27-10.
N.D. Cent. Code § 42-01-04 — ND Code / Title 42 / Chapter 42-01 / Section 42-01-04
42-01-04. Abatement by private person
Status: in_force

42-01-04. Abatement by private person

A person injured by a private nuisance may abate it by removing, or, if necessary,

destroying the thing which constitutes the nuisance, but the person shall not commit a breach of

the peace or do unnecessary injury while exercising this right.