2. Ordinance on highway accesses
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2. Ordinance on highway accesses
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<br />CHAPTER 3 <br /> <br />Administrative Provisions <br /> <br />This Chapter sets forth the administrative provisions for this Ordinance. <br /> <br />3.1 Authority <br /> <br />The North Dakota Century Code, as amended, provide for the County Commission and the <br />County Engineer to have authority over supervision of County Highways. This Ordinance is <br />hereby adopted to preserve and protect the public safety, health, and general welfare as they <br />relate to the operation and use of County Highways, and their associated right-of-way. <br /> <br />Pursuant to Section 24-05-17 of the North Dakota Century Code, as amended, the Cass County <br />Board of County Commissioners has sole authority and responsibility to acquire land for, <br />construct, maintain and operate the county system. Section 39-10-21 of the North Dakota <br />Century Code, as amended, provides Cass County the authority by ordinance to prohibit the use <br />of any such roadway by any class or kind of traffic which is found incompatible with the normal <br />and safe movement of traffic with respect to any controlled-access roadway. <br /> <br />Section 24-01-30 provides county highway authorities the power to establish controlled-access <br />facilities for public use wherever such authority or authorities are of the opinion that traffic <br />conditions, present or future, will justify such special facilities. Said highway authorities of the <br />county, in addition to the specific powers granted by law, also have and may exercise, relative to <br />controlled-access facilities, any and all additional authority now or hereafter vested in them <br />relative to highways or streets within their respective jurisdictions. Said units may regulate, <br />restrict, or prohibit use of such controlled-access facilities by the various classes of vehicles or <br />traffic in a manner consistent with the definition of a controlled-access facility. <br /> <br />Section 39-10-20 of the North Dakota Century Code restricts any person from driving onto or from <br />any controlled-access roadway except at such entrances and exits as are established by public <br />authority. <br /> <br />Article 2 of the Home Rule Charter states that the electors granted the Cass County Board of <br />Commissioners authority to provide for the adoption, amendment, repeal, initiation, referral, <br />enforcement, and penalties for violation of ordinances, resolutions, and regulations to carry out its <br />governmental and proprietary powers and to provide for public health, safety and welfare. <br /> <br />6 <br />
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