(a) Except under the circumstances described in subsection (b) of this section, a town clerk who knowingly issues a civil marriage license upon application of a person other than as described in subdivision 5131(a)(3) of this title, or a clerk who issues such a license without first requiring the applicant to fill out, sign, and make oath to the declaration contained therein as provided in section 5131 of this title, shall be fined not more than $50.00 nor less than $20.00.

(b) A town clerk may issue a civil marriage license to parties other than as described in subdivision 5131(a)(3) of this title when the office of the town clerk with authority to issue the license is not open during standard business hours and the parties have a compelling, immediate need to be married, as determined by the town clerk issuing the civil marriage license. A compelling, immediate need would arise when irreparable harm could occur if the marriage were delayed. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 46, § 40, eff. July 1, 2019.)