North Dakota Code 55-08-01.3 – Director of parks and recreation department – Powers – Penalty
The director of the parks and recreation department shall:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 55-08-01.3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. Manage all state parks, state campgrounds, state recreational areas, or reserves, and any other property under the control of the parks and recreation department, including site selection and planning, establishment of fees and charges, establishment of hours and seasons of operation, and regulation of the conduct of guests and visitors.
2. Appoint personnel necessary to carry out the duties and functions of the department and fix their compensation within the limits of legislative appropriations.
3. Accept on behalf of the state, gifts or grants of property for the department.
4. Acquire by purchase, gift, or condemnation any real property or interest in real property in this state or an adjoining state if necessary for park purposes. However, condemnation proceedings may be instituted only upon approval by the emergency commission.
5. Lease, sell, or exchange real property under the department’s control if necessary for the improved management of state parks, state campgrounds, and state recreational areas or reserves.
6. Administer all real property and interests in real property and personal property held for recreational purposes as an agent for any state or federal agency or a political subdivision of the state.
7. Adopt rules relating to the protection, care, and use of state parks, state campgrounds, state recreational areas, or reserves, and any other real or personal property administered by the director.
8. Sell, mortgage, transfer, or dispose of property under the control of the department as authorized by law.
9. Seek the advice of the director of the state historical society on matters relating to history, prehistory, and paleontology of the state parks.
10. Advise in advance and consult with the director of the state historical society before undertaking any earthmoving operations or major constructions so that the director may be advised whether the earthmoving operations or constructions might endanger historical or archaeological artifacts or the paleontological value of the area. The director of the state historical society and the director shall jointly agree on the disposition of historical artifacts and archaeological material at state parks.
11. In the director’s discretion, designate any state park or state campground or an area within any state park or state campground as an area within which the use of alcoholic beverages is prohibited. Any person violating that designation is guilty of an infraction.
12. Establish noncriminal penalties for violation of rules adopted by the director. The maximum noncriminal penalty is a fine of two hundred fifty dollars. Department personnel designated by the director shall have the power to enforce noncriminal violations of these rules. Fines collected for violation of these rules must be deposited in the general fund.
13. Protect the historic, prehistoric, archaeological, and paleontological values of the designated historic site if a state park contains a designated historic site.