The COVID Project
The record
- Jurisdiction
- North Dakota
- Level
- State
- Authority
- N.D.C.C. title 42 (Nuisances), ch. 42-01 (Nuisances Generally)
- 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding duty
- Addressees
- persons generally; owners and successive owners of property (42-01-13); businesses open to the public
- Character
- sanitary code duty
- Collection
- Standing duties: North Dakota DUT-ND
Operative words
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... Every person who maintains or commits any public nuisance... or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class A misdemeanor.
Penalty
Class A misdemeanor (42-01-15): 360 days and $3,000 for an individual, $30,000 for an organization (Ex. DUT-ND-006); abatement; civil action
What it required
An unlawful act or an omission to perform a duty that 'endangers the... health, or safety of others' is a nuisance (42-01-01); one that 'affects an entire community or neighborhood or any considerable number of persons' is a public nuisance (42-01-06), remediable by indictment, information, criminal action, civil action or abatement (42-01-07), including abatement 'by any public body or officer authorized thereto by law' (42-01-09); a business that operated in violation of a health order or a sanitary rule during a declared communicable-disease emergency was within these terms, and the boards of health hold the abatement power (23-35-08(12); Ex. DUT-ND-004).
Retrieval noteRead with N.D. Admin. Code 33-06-03-02 (Ex. DUT-ND-011), under which a health officer 'shall order [the] removal' of an insanitary condition dangerous to public health and, on the owner's default, 'file a complaint against such owner or agent for maintaining an insanitary condition dangerous to public health and in violation of the laws of the state.'.