City of Bismarck v. Sholy

VANDE WALLE, Justice.

David Sholy was convicted in municipal court, City of Bismarck, of violating a “dog at large” ordinance and he appealed his conviction to the county court. After having been found guilty in county court, Sholy appealed to this court. The only issue on appeal is whether the ordinance requires some level of culpability.

Bismarck City Ordinance 3-03-05 provides, in part:

“1. It is unlawful for any owner or keeper of a dog to permit the animal to be at large.”

The question, then, is whether the word “permit” as used in Bismarck City Ordinance 3-03-05 requires that some level of…