City of Bismarck v. VetterCr. No. 870223

Levine, Justice.

Julie Vetter appeals from a county court judgment of conviction of failure to obtain a dog license in violation of City of Bismarck ordinance 3-03-01. The issue is whether 3-03-01 is an unconstitutional "grant of title of nobility" which transforms Vetter's "naturally existing" right to own a dog into a mere privilege. Neither ordinance 3-03-01 nor the state statute, NDCC § 40-05-02(22), which authorizes municipalities to enact such statutes, is a grant of nobility.

The judgment is affirmed under North Dakota Rule of Appellate Procedure 35.1(1) and (7), City of Dickinson v. Thress, 290 N.W. 653 (N.D. 1940).

Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.