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CITY OF BISMARCK v. SHOLY

Crim. No. 880064.

430 N.W.2d 337 (1988)

CITY OF BISMARCK, Plaintiff and Appellee, v. David SHOLY, Defendant and Appellant.

Supreme Court of North Dakota.

October 18, 1988.

Attorney(s) appearing for the Case

Paul H. Fraase, Asst. City Atty., Bismarck, for plaintiff and appellee.

David Sholy, Bismarck, defendant and appellant, pro se.

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...

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