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Ex. DUT-ND-004 Standing duty Primary source read

N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13

Boards of health - powers and duties; abatement and removal of nuisance, source of filth, and cause of sickness; local health officers; penalty

Legislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units) · North Dakota (State)

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The record

Jurisdiction
North Dakota
Level
State
Authority
N.D.C.C. title 23, ch. 23-35 (Public Health Units)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureFace-covering requirementQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or occupants of property; businesses within a public health unit's jurisdiction
Character
statutory duty
Collection
Standing duties: North Dakota DUT-ND

Operative words

A person who violates any order, ordinance, or rule prescribed by any board of health or health officer or any rule adopted under this chapter is guilty of a class B misdemeanor.

Penalty

Class B misdemeanor (23-35-13): thirty days and $1,500 for an individual, $20,000 for an organization (Ex. DUT-ND-006); abatement at the owner's or occupant's expense and assessment against the property (23-35-09)

What it required

Each board of health 'May make rules regarding any nuisance, source of filth, and any cause of sickness which are necessary for public health and safety' (23-35-08(5)), 'May adopt confinement, decontamination, and sanitary measures... which are necessary when an infectious or contagious disease exists' ((8)), 'May make and enforce an order in a local matter if an emergency exists' ((9)), and 'May abate or remove any nuisance, source of filth, or cause of sickness when necessary to protect the public health and safety' ((12)); where abatement is necessary the board 'shall serve notice on the owner or occupant of the property requiring the owner or occupant, at the owner's or occupant's expense, to remove or abate the nuisance, source of filth, or cause of sickness within a time specified by the board' (23-35-09(1)).

Retrieval note

This is the statutory footing of the local orders preserved by the State's instruments: State Health Officer Order 2020-08 par. 10 ('Nothing in this Order should be construed to prohibit or prevent political subdivisions from implementing... requirements beyond those contained in this Order. Political subdivisions may not relax or reduce this Order's requirements'; Ex. ND-061), the Grand Forks County Health Officer's mask order of November 2020 (Ex. ND-064) and the Governor's statement of Jan. 15, 2021 that 'cities and counties may continue to have mask requirements in place' (Ex. ND-073). Executive Order 2020-14.1 preserved 'local health officers' confinement authority and local boards of health's quarantine authority' (Ex. ND-024).