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author | Christian Hodgden <chrhodgden@gmail.com> | 2024-04-07 10:28:17 -0500 |
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committer | Christian Hodgden <chrhodgden@gmail.com> | 2024-04-07 10:28:17 -0500 |
commit | 2f93d79b85e9617dddac924822a47ebcbfe0e18c (patch) | |
tree | 81983300536a73d87648c719afb6121cdc7a44e1 /moore_ok_municipal_code.ms | |
parent | 800ca972fc0b0726d30edd4e0e2563d5388186ce (diff) |
converted municipal code webpage
Diffstat (limited to 'moore_ok_municipal_code.ms')
-rw-r--r-- | moore_ok_municipal_code.ms | 59496 |
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diff --git a/moore_ok_municipal_code.ms b/moore_ok_municipal_code.ms new file mode 100644 index 0000000..5bdd045 --- /dev/null +++ b/moore_ok_municipal_code.ms @@ -0,0 +1,59496 @@ +.\" Automatically generated by Pandoc 3.1.9 +.\" +.\" **** Custom macro definitions ********************************* +.\" * Super/subscript +.\" (https://lists.gnu.org/archive/html/groff/2012-07/msg00046.html) +.ds { \v'-0.3m'\\s[\\n[.s]*9u/12u] +.ds } \s0\v'0.3m' +.ds < \v'0.3m'\s[\\n[.s]*9u/12u] +.ds > \s0\v'-0.3m' +.\" * Horizontal line +.de HLINE +.LP +.ce +\l'20' +.. +.\" **** Settings ************************************************* +.\" text width +.nr LL 5.5i +.\" left margin +.nr PO 1.25i +.\" top margin +.nr HM 1.25i +.\" bottom margin +.nr FM 1.25i +.\" header/footer width +.nr LT \n[LL] +.\" point size +.nr PS 10p +.\" line height +.nr VS 12p +.\" font family: A, BM, H, HN, N, P, T, ZCM +.fam P +.\" paragraph indent +.nr PI 0m +.\" interparagraph space +.nr PD 0.4v +.\" footnote width +.nr FL \n[LL] +.\" footnote point size +.nr FPS (\n[PS] - 2000) +.\" color used for strikeout +.defcolor strikecolor rgb 0.7 0.7 0.7 +.\" color for links (rgb) +.ds PDFHREF.COLOUR 0.35 0.00 0.60 +.\" border for links (default none) +.ds PDFHREF.BORDER 0 0 0 +.\" point size difference between heading levels +.nr PSINCR 1p +.\" heading level above which point size no longer changes +.nr GROWPS 2 +.\" comment these out if you want a dot after section numbers: +.als SN SN-NO-DOT +.als SN-STYLE SN-NO-DOT +.\" page numbers in footer, centered +.ds CH +.ds CF % +.\" pdf outline fold level +.nr PDFOUTLINE.FOLDLEVEL 3 +.\" start out in outline view +.pdfview /PageMode /UseOutlines +.\" *************************************************************** +.\" PDF metadata +.pdfinfo /Title "Print Preview" +.pdfinfo /Author "" +.hy +.TL +Print Preview +.\" 1 column (use .2C for two column) +.1C +.pdfhref M "contents" +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PREFACE" -A "\c" \ + -- "PREFACE" +\& +.LP +The Municipal Code of the City of Moore, OK began in-house in 2020 with +the assistance of Municipal Code Corporation. +This City Code shall be cited as Moore City Code or \[lq]MCC\[rq] as an +acronym. +MCC references found within the code maintain a structure by subject +matter using a decimal and hyphenated numbering system which identifies +the chapter and section (\f[B]example: 1-101.01\f[R]). +This complete set of numbers is designed to aid in searching and/or +referencing the Municipal Code, and to assist in subsequent codification +is new ordinances are added to the Municipal Code. +.IP \[bu] 3 +The first number in the sequence designates the \f[B]PART\f[R] level +.IP \[bu] 3 +The second series of numbers (\f[B]1\f[R]-101) designates the +\f[B]CHAPTER\f[R] level +.IP \[bu] 3 +The third series of numbers (1-\f[B]101\f[R]) designates the +\f[B]Section\f[R] level +.IP \[bu] 3 +If a fourth series exists comprising letters or numbers beyond the +section level, it designates a \f[B]Subsection\f[R] level. +.LP +To outline, give structure, and more granularly reference the +legislation herein, the following list order (or pattern of ascending +alphanumeric characters) is used: \f[B](a), (1), a, 1, i\f[R]. +Drafting legislation with this list order better reconciles the content +in local software and hard copies, with the content in this online code. +The legislative history beneath a legislation\[cq]s content identifies +the specific legal sources, and may be provided to substantiate the +online code. +.PP +The Municipal Code is supplemented from time to time with amendments and +additions made by Moore, Oklahoma. +The specific legal sources that comprise this Municipal Code have been +adopted during the codification process from the original formatting of +the official hard copy. +In the event of discrepancies between the online Municipal Code and the +official hard copy, the official hard copy governs. +Municipal Code Corporation, provides a searchable database of the +Municipal Code for easy reference and convenience. +NOTICE: THE MUNICIPAL CODE MAY NOT REFLECT ALL OR THE MOST CURRENT +VERSION OF LEGISLATION ADOPTED BY THE CITY COUNCIL THAT HAS YET TO BE +UPDATED ONLINE. +IN THE EVENT OF CONFLICT BETWEEN THE MUNICIPAL CODE AND A WRITTEN +ORDINANCE, THE ORDINANCE TYPICALLY GOVERNS. +ALSO, THE MUNICIPAL CODE MAY NOT REFLECT RULES OR OTHER REGULATIONS +PROMULGATED UNDER THE AUTHORITY OF THE CODE, INCLUDING TECHNICAL +SPECIFICATIONS. +FOR MORE INFORMATION CONTACT THE CITY CLERK. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHARTER" -A "\c" \ + -- "CHARTER" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE" -A "\c" \ + -- "PREAMBLE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS" -A "\c" \ + -- "ARTICLE I INCORPORATION, FORM OF GOVERNMENT, POWERS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL" -A "\c" \ + -- "ARTICLE II THE COUNCIL" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS" -A "\c" \ + -- "ARTICLE III CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS" -A "\c" \ + -- "ARTICLE IV DEPARTMENT OF FINANCE, FISCAL AFFAIRS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT" -A "\c" \ + -- "ARTICLE V MUNICIPAL COURT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS" -A "\c" \ + -- "ARTICLE VI ELECTIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL" -A "\c" \ + -- "ARTICLE VII RECALL" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY" -A "\c" \ + -- "ARTICLE VIII OFFICERS AND EMPLOYEES GENERALLY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS" -A "\c" \ + -- "ARTICLE IX GENERAL AND MISCELLANEOUS PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER" -A "\c" \ + -- "ARTICLE X AMENDMENT AND SEPARABILITY OF CHARTER" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT" -A "\c" \ + -- "ARTICLE XI SUCCESSION IN GOVERNMENT" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE" -A "\c" \ + -- "PREAMBLE" +\& +.LP +We, the people of the City of Moore, exercising the powers of home rule +granted to us by the constitution and laws of the State of Oklahoma, in +order to provide for more efficient, adequate, and economical +government, do hereby ordain, ratify, and establish this Charter of the +City of Moore, Oklahoma. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS" -A "\c" \ + -- "ARTICLE I INCORPORATION, FORM OF GOVERNMENT, POWERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging" -A "\c" \ + -- "Section 1-1 Incorporation, Annexation, Merging" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government" -A "\c" \ + -- "Section 1-2 Form Of Government" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City" -A "\c" \ + -- "Section 1-3 Powers Of The City" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging" -A "\c" \ + -- "Section 1-1 Incorporation, Annexation, Merging" +\& +.LP +When this charter goes into full effect, the Town of Moore, Oklahoma, +shall become a city, and within the corporate limits as now established +or as hereafter may be established, shall be a municipal body politic +and corporate in perpetuity under the name of the \[dq]City of +Moore.\[dq] The city shall be the legal successor of the town; and as +such, it shall succeed to and possess all the property and rights +belonging to the town, and shall be liable for all debts and other +obligations for which the town is legally bound at the time of the +succession in government. +.PP +The City of Moore, Oklahoma, may not be annexed by any other city or be +merged into a combined city-county government or other governmental unit +unless a majority of the qualified electors of the City of Moore voting +on the question at an election approve such annexation or merging. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government" -A "\c" \ + -- "Section 1-2 Form Of Government" +\& +.LP +The municipal government provided by this charter shall be known as a +\[dq]council-manager government.\[dq] All powers of the city shall be +exercised in the manner prescribed by this charter, or, if the manner is +not thus prescribed, then in such manner as the council may prescribe by +ordinance. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City" -A "\c" \ + -- "Section 1-3 Powers Of The City" +\& +.LP +The city shall have all powers, functions, rights, privileges, +franchises, and immunities granted to cities by the state constitution +and law, and all the implied powers necessary to carry into execution +all the powers granted. +Except as prohibited by the state constitution or law, the city shall +have all municipal powers, functions, rights, privileges, franchises, +and immunities of every name and nature whatsoever. +.PP +The city shall have power to adopt a corporate seal and to alter it at +pleasure, to sue and to be sued, and to make contracts. +It shall have power to acquire property within or without its corporate +limits for any city purpose, including public utilities, works, and +ways, in fee simple or any lesser interest or estate, by purchase, gift, +devise, lease condemnation, or other legal means; and to hold, maintain, +improve, enlarge, manage, control, operate, lease, sell, convey, or +otherwise dispose of, such property as its interests may require, +including public utilities, works, and ways. +It shall have power to incur indebtedness and to issue bonds within the +limitations prescribed by the state constitution. +It shall have power to accept and administer federal and state +grants-in-aid and to do everything necessary to accomplish the purpose +or purposes for which such grants may be made. +It shall have power to ordain and to enforce local legislation for the +proper organization and functioning of the city government, for the +preservation and enforcement of good government and order, for the +protection of health, life, morals, and property, for the prevention, +summary abatement, and removal of nuisances, and otherwise for the +promotion of the common welfare. +It shall have power to grant, extend, and renew franchises in accordance +with the state constitution. +.PP +The enumeration or mention of particular powers by this charter shall +not be deemed to be exclusive or limiting; and in addition to the powers +enumerated or mentioned herein or implied hereby, the city shall have +all powers which, under the state constitution and law, it would be +competent for this charter specifically to enumerate or mention. +.PP +Provisions of state law relating to matters which may be regulated by +cities operating under charters, shall be in effect only insofar as they +are applicable and are not superseded by this charter or by ordinance. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL" -A "\c" \ + -- "ARTICLE II THE COUNCIL" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification" -A "\c" \ + -- "Section 2-1 Councilmen: Number, Qualification" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor" -A "\c" \ + -- "Section 2-2 Mayor And Vice Mayor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation" -A "\c" \ + -- "Section 2-3 Councilmen: Compensation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers" -A "\c" \ + -- "Section 2-4 Council Powers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals" -A "\c" \ + -- "Section 2-5 Council Not To Interfere In Appointments And Removals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council" -A "\c" \ + -- "Section 2-6 City Clerk To Be Clerical Officer Of Council" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings" -A "\c" \ + -- "Section 2-7 Council: Meetings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership" -A "\c" \ + -- "Section 2-8 Councilmen: Absences To Terminate Membership" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal" -A "\c" \ + -- "Section 2-9 Councilmen: Removal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies" -A "\c" \ + -- "Section 2-10 Council Vacancies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays" -A "\c" \ + -- "Section 2-11 Council: Quorum, Rules, Yeas And Nays" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause" -A "\c" \ + -- "Section 2-12 Ordinances: Enacting Clause" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect" -A "\c" \ + -- "Section 2-13 Ordinances: Passage, When In Effect" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency" -A "\c" \ + -- "Section 2-14 Ordinances: Emergency" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference" -A "\c" \ + -- "Section 2-15 Ordinances: Adoption By Reference" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification" -A "\c" \ + -- "Section 2-16 Ordinances: Codification" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification" -A "\c" \ + -- "Section 2-1 Councilmen: Number, Qualification" +\& +.LP +There shall be a council of seven members, which shall consist of a +councilman at large and two councilmen from each of the three wards of +the city as the wards are constituted in this charter or as they may +hereafter be constituted by ordinance. +Only qualified electors of the city who are freeholders in the city +shall be qualified for the office of councilman at large. +Only qualified electors residing in the city and at the time of their +election, in their respective wards, who are freeholders in the city, +shall be qualified for the offices of councilmen from the wards. +Candidates for councilpersons shall be nominated and elected by the +qualified electors of their respective wards, of which wards said +candidates must be at all times during the term of office a resident. +No councilman may hold any office or position in the city government by +appointment by the city manager or by any subordinate of the city +manager. +If a councilman is convicted of a crime involving moral turpitude, his +office shall become immediately vacant at the expiration of the period +during which he may appeal or, in case of appeal, when the case is +finally determined. +.PP +(Res. +No. +195 (87), 1-5-1987) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor" -A "\c" \ + -- "Section 2-2 Mayor And Vice Mayor" +\& +.LP +Beginning with the primary and/or general elections for the City of +Moore, Oklahoma, on the third Tuesday in March 1970, and thereafter, +according to the charter for the City of Moore, Oklahoma, there shall be +nominated or elected a mayor of the City of Moore. +Said mayor shall be the councilman at large. +The mayor and councilman at large shall have all the duties and +responsibilities now possessed by those enumerated in the charter of the +City of Moore, Oklahoma, for the councilman at large. +.PP +At the first meeting after the time prescribed for the beginning of the +terms of newly elected councilmen, or as soon thereafter as practicable, +the council shall elect from its membership a vice mayor, who shall +serve until the time prescribed for the beginning of the terms of newly +elected councilmen. +.PP +The mayor shall preside at meetings of the council. +He shall be recognized as head of the city government for all ceremonial +purposes and by the governor for purposes of military law. +He shall have no regular administrative duties except that he shall sign +such written obligations of the city as the council may require. +As a councilman, he shall have all powers, rights, privileges, duties, +and responsibilities of a councilman, including the right to vote on +questions. +.PP +The vice mayor shall act as mayor during the absence, disability, or +suspension of the mayor, or, if a vacancy occurs in the office of mayor, +until another mayor is elected for completion of the unexpired term and +qualifies. +If the office of vice mayor becomes vacant, the council shall elect from +its membership another vice mayor for completion of the unexpired term. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation" -A "\c" \ + -- "Section 2-3 Councilmen: Compensation" +\& +.LP +Each councilman shall be paid one hundred dollars ($100.00) per month +beginning in April 1999, but shall not be paid for any other services +rendered the city. +The mayor or councilman at large shall be paid the sum of three hundred +dollars ($300.00) per month for each and every month or any part thereof +that he holds office. +The councilmen and the mayor may be reimbursed for expenses incurred in +the discharge of their official duties. +.PP +(Res. +No. +116(81), § 1, 2-2-1981; Res. +No. +432(99), 1-7-1999) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers" -A "\c" \ + -- "Section 2-4 Council Powers" +\& +.LP +Except as otherwise provided in this charter, all powers of the city, +including the determination of all matters of policy, shall be vested in +the council. +Without limitation of the foregoing, the council shall have power, +subject to the provisions of this charter: +.IP " 1." 4 +To appoint and remove the city manager; +.IP " 2." 4 +By ordinance to enact municipal legislation; +.IP " 3." 4 +To raise revenue and make appropriations, and to regulate bond +elections, the issuance of bonds, sinking funds, the refunding of +indebtedness, salaries and wages, and all other fiscal affairs of the +city; +.IP " 4." 4 +To inquire into the conduct of any office, department, or agency of the +city government, and investigate municipal affairs; +.IP " 5." 4 +To appoint or elect and remove the members of the personnel board, the +members of the planning commission, the members of the board of +adjustment, and other quasi-legislative, quasi-judicial, or advisory +officers and authorities, now or when and if established, or to +prescribe the method of remission of fines and costs; +.IP " 6." 4 +To grant pardons for violations of the charter and ordinances, including +the remission of fines and costs; +.IP " 7." 4 +To regulate elections, the initiative and referendum, and recall; +.IP " 8." 4 +To regulate the organization, powers, duties, and functions of the +municipal court and of the minor violations bureau when and if +established; +.IP " 9." 4 +To create, change, and abolish all offices, departments, and agencies of +the city government other than the offices, departments, and agencies +created by this charter; and to assign additional powers, duties, and +functions to offices, departments, and agencies created by this charter. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals" -A "\c" \ + -- "Section 2-5 Council Not To Interfere In Appointments And Removals" +\& +.LP +Neither the council, the mayor, nor any of its other members may direct +or request the appointment of any person to, or his removal from, office +or employment by the city manager or by any other authority, or, except +as provided in this charter, participate in any manner in the +appointment or removal of officers and employees of the city. +Except for the purpose of inquiry the council and its members shall deal +with the administrative service solely through the city manager; and +neither the council nor any member thereof may give orders on +administrative matters to any subordinate of the city manager either +publicly or privately. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council" -A "\c" \ + -- "Section 2-6 City Clerk To Be Clerical Officer Of Council" +\& +.LP +The city clerk hereinafter provided for, shall also serve as clerical +officer of the council. +He shall keep the journal of its proceedings, and shall enroll in a book +or books kept for the purpose of all ordinances and resolutions passed +by it; shall be custodian of such documents, records, and archives as +may be provided by applicable law or ordinance; shall be custodian of +the seal of the city; and shall attest, and affix the seal to, documents +when required in accordance with applicable law or ordinance. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings" -A "\c" \ + -- "Section 2-7 Council: Meetings" +\& +.LP +The council shall hold at least two (2) regular meetings every month, at +such time as it may prescribe by ordinance or otherwise. +The mayor or any four (4) councilmen may call special meetings. +All meetings of the council shall be open to the public, and the journal +of its proceedings shall be open to public inspection, except personnel +or executive sessions may be conducted, as may be authorized by the +statutes of the State of Oklahoma. +.PP +(Res. +No. +116(81), § 1, 2-2-1981) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership" -A "\c" \ + -- "Section 2-8 Councilmen: Absences To Terminate Membership" +\& +.LP +If the mayor or any other councilman shall be absent from more than +one-half of all the meetings of the council, regular and special, held +within any period of six consecutive calendar months, he shall thereupon +cease to hold office. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal" -A "\c" \ + -- "Section 2-9 Councilmen: Removal" +\& +.LP +The mayor or any other councilman may be removed from office for any +cause specified by applicable state law for the removal of officers, and +by the method or methods prescribed thereby, and by recall as provided +in this charter. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies" -A "\c" \ + -- "Section 2-10 Council Vacancies" +\& +.LP +The council, by majority vote of its remaining members, shall fill +vacancies in its own membership for the unexpired terms or until +successors are elected as provided in this section. +If a vacancy occurs before the beginning of a regular filing period for +candidates for councilmen, and the unexpired term extends beyond the +time when the terms of councilmen elected that year begin, then a +councilman for that place shall be elected at the elections of that year +to serve the rest of the unexpired term beginning at the time the terms +of councilmen elected that year begin. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays" -A "\c" \ + -- "Section 2-11 Council: Quorum, Rules, Yeas And Nays" +\& +.LP +A majority of all of the members of the council shall constitute a +quorum, but a smaller number may adjourn from day to day or from time to +time. +The council may determine its own rules. +On the demand of any member, the vote on any question shall be by yeas +and nays, and shall be entered in the journal. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause" -A "\c" \ + -- "Section 2-12 Ordinances: Enacting Clause" +\& +.LP +The enacting clause of all ordinances passed by the council shall be, +\[dq]Be it ordained by the Council of the City of Moore, Oklahoma,\[dq] +and of all ordinances proposed by the voters under their power of +initiative, \[dq]Be it ordained by the People of the City of Moore, +Oklahoma.\[dq] +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect" -A "\c" \ + -- "Section 2-13 Ordinances: Passage, When In Effect" +\& +.LP +Every proposed ordinance shall be read, and a vote of a majority of all +the councilmen shall be required for its passage. +The vote on final passage of every ordinance shall be by yeas and nays, +and shall be entered in the journal. +The mayor shall have no power of veto. +Within ten days after its passage, every ordinance shall be published in +full or by number and title in a newspaper authorized to publish legal +publications. +Every ordinance except an emergency ordinance shall become effective +thirty days after its final passage and publication unless it specifies +a later time; provided that a franchise for a public utility shall not +go into effect until the ordinance granting it has been published in +full in a newspaper authorized to publish legal publications and has +been approved at an election by a vote of a majority of the qualified +electors voting on the question. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency" -A "\c" \ + -- "Section 2-14 Ordinances: Emergency" +\& +.LP +An emergency ordinance is an ordinance which in the judgment of the +council is necessary for the immediate preservation of peace, health or +safety, and which should become effective prior to the time when an +ordinary ordinance would become effective. +Every such ordinance shall contain as a part of its title, the words, +\[dq]and declaring an emergency\[dq] and in a separation section, herein +called the emergency section, shall declare the emergency. +An affirmative vote of at least six councilmen shall be required for the +passage of an emergency ordinance. +An emergency ordinance shall take effect upon passage and publication +unless it specifies a later time. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference" -A "\c" \ + -- "Section 2-15 Ordinances: Adoption By Reference" +\& +.LP +The council by ordinance may adopt by reference codes, ordinances, +standards, and regulations relating to building, plumbing, electrical +installations, milk and milk products, and other matters which it has +power to regulate otherwise. +Such code, ordinance, standard, or regulation so adopted need not be +enrolled in the book of ordinances; but a copy shall be kept in the +office of the city clerk. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification" -A "\c" \ + -- "Section 2-16 Ordinances: Codification" +\& +.LP +The permanent, general ordinances of the city shall be codified and +published in a book or pamphlet form at least every ten (10) years +unless the council, by use of a loose-leaf system, provides for keeping +the code up-to-date. +The ordinances and parts of ordinances included in the code may be +revised, rearranged, and reorganized; and the code may contain new +matter, provisions of the state constitution and law applicable to the +city, and this charter. +A copy of the published code shall be filed in the office of the city +clerk after the council adopts the code by ordinance, but the code need +not be enrolled in the book of ordinances. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS" -A "\c" \ + -- "ARTICLE III CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal" -A "\c" \ + -- "Section 3-1 City Manager: Appointment, Term, Qualifications, Removal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager" -A "\c" \ + -- "Section 3-2 Absence Or Disability Of City Manager" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties" -A "\c" \ + -- "Section 3-3 City Manager: Powers And Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies" -A "\c" \ + -- "Section 3-4 Administrative Departments, Offices, And Agencies" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal" -A "\c" \ + -- "Section 3-1 City Manager: Appointment, Term, Qualifications, Removal" +\& +.LP +There shall be a city manager. +The council shall appoint him for an indefinite term by a vote of a +majority of all its members. +It shall choose him on the basis of his executive and administrative +qualifications. +At the time of his appointment, he need not be a resident of the city or +state; but, during his tenure of office, he shall reside within the +city. +A councilman may not be appointed city manager or acting city manager +during his term nor within one year after the expiration of his term. +The council may suspend or remove the city manager at any time by a vote +of a majority of all its members; provided, that the council shall give +him a written statement of the reason for his removal at least twenty +days before removal, and on request shall give him an opportunity for a +public hearing thereon after the expiration of such time before removing +him. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager" -A "\c" \ + -- "Section 3-2 Absence Or Disability Of City Manager" +\& +.LP +To perform his duties during his temporary absence or disability, the +city manager may designate by letter filed with the city clerk a +qualified administrative officer of the city to be acting city manager. +If the city manager fails to make such designation, the council may +appoint an acting city manager to serve during such time. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties" -A "\c" \ + -- "Section 3-3 City Manager: Powers And Duties" +\& +.LP +The city manager shall be chief administrative officer and head of the +administrative branch of the city government. +He shall execute the laws and ordinances and administer the government +of the city, and shall be responsible therefor to the council. +He shall: +.IP " 1." 4 +Appoint, and when deemed necessary for the good of the service, lay off, +suspend, demote, or remove all directors, or heads, of administrative +departments and all other administrative officers and employees of the +city except as he may authorize the head of a department, an officer, or +an agency to appoint, lay off, suspend, demote, and remove subordinates +in such department, office, or agency; +.IP " 2." 4 +Supervise and control directly or indirectly, all administrative +departments, agencies, officers, and employees; +.IP " 3." 4 +Prepare a budget annually and submit it to the council, be responsible +for the administration of the budget after it goes into effect, and +recommend to the council any changes in the budget which he deems +desirable; +.IP " 4." 4 +Submit to the council a report as of the end of the fiscal year on the +finances and administrative activities of the city for the preceding +year; +.IP " 5." 4 +Keep the council advised of the financial condition and future needs of +the city, and make such recommendations to the council on matters of +policy and other matters as may seem to him desirable; +.IP " 6." 4 +Have such other powers, duties and functions as this charter may +prescribe, and such powers, duties, and functions consistent with this +charter as the council may prescribe. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies" -A "\c" \ + -- "Section 3-4 Administrative Departments, Offices, And Agencies" +\& +.LP +There shall be a department of finance, a department of law headed by a +city attorney, and such other administrative departments, offices, and +agencies as this charter establishes and as the council may establish. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS" -A "\c" \ + -- "ARTICLE IV DEPARTMENT OF FINANCE, FISCAL AFFAIRS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties" -A "\c" \ + -- "Section 4-1 City Clerk: Office Created, Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties" -A "\c" \ + -- "Section 4-2 City Treasurer: Office Created, Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales" -A "\c" \ + -- "Section 4-3 Purchases And Sales" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000" -A "\c" \ + -- "Section 4-4 Sale Of Property Valued At More Than $25,000" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements" -A "\c" \ + -- "Section 4-5 Public Improvements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year" -A "\c" \ + -- "Section 4-6 Fiscal Year" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit" -A "\c" \ + -- "Section 4-7 Independent Annual Audit" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties" -A "\c" \ + -- "Section 4-1 City Clerk: Office Created, Duties" +\& +.LP +There shall be a city clerk, who shall be an officer of the city +appointed by the city manager for an indefinite term, and who shall be +head of the department of finance. +Except as the council by ordinance provides otherwise, the city clerk +shall collect or receive revenue and other money for the city, shall +deposit the same with the city treasurer or for the city treasurer in an +account or accounts maintained by the city treasurer in a depository or +depositories, and shall maintain a general accounting system for the +city government. +He shall have such other powers, duties, and functions as may be +prescribed by the charter, by applicable law, or by ordinance. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties" -A "\c" \ + -- "Section 4-2 City Treasurer: Office Created, Duties" +\& +.LP +Within the department of finance, there shall be a city treasurer, who +shall be an officer of the city appointed by the city manager for an +indefinite term; provided also that the same person may be appointed +both city clerk and city treasurer, and that the council by ordinance +may provide that the city clerk shall be ex officio city treasurer and +that an acting city clerk shall be ex officio acting city treasurer. +Subject to such regulations as the council may prescribe, the city +treasurer shall deposit funds received for the city in such depositories +as the council may designate. +He shall have such other powers, duties, and functions as may be +prescribed by the charter, by applicable law, or by ordinance. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales" -A "\c" \ + -- "Section 4-3 Purchases And Sales" +\& +.LP +The city manager, subject to any regulations which the council may +prescribe, shall contract for and purchase, or issue purchase +authorizations for, all supplies, materials, and equipment for the +offices, departments, and agencies of the city government. +Every such contract or purchase exceeding an amount to be established by +ordinance, shall require the prior approval of the council. +The city manager also may transfer to or between offices, departments, +and agencies, or sell, surplus or obsolete supplies, materials, and +equipment, subject to such regulations as the council may prescribe. +.PP +Before the purchase of, or contract for, any supplies, materials, or +equipment, or the sale of any surplus or obsolete supplies, materials, +or equipment, ample opportunity for competitive bidding, under such +regulations, and with such exceptions, as the council may prescribe, +shall be given; but the council shall not except an individual contract, +purchase, or sale from the requirement of competitive bidding. +.PP +The council by ordinance may transfer some or all of the power granted +to the city manager by this section to an administrative officer +subordinate to the city manager. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000" -A "\c" \ + -- "Section 4-4 Sale Of Property Valued At More Than $25,000" +\& +.LP +The sale of any property, real or personal, including public utilities, +or of any interest therein, the value of which is more than $25,000, +shall be made only (1) by authority of an affirmative vote of a majority +of the qualified electors of the city who vote on the question of +approving or authorizing the sale at an election, or (2) by authority of +a special nonemergency ordinance. +Such ordinance shall be published in full in a newspaper authorized to +publish legal publications within ten days after its passage, and shall +include a section reading substantially as follows: \[dq]Section. +This ordinance shall be referred to a vote of the electors of the city +if a legal and sufficient referendum petition is properly filed within +thirty days after its passage; otherwise it shall go into effect thirty +days after its passage and publication.\[dq] The sale of an entire +public utility may be authorized only as provided in (1) hereinabove. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements" -A "\c" \ + -- "Section 4-5 Public Improvements" +\& +.LP +Public improvements may be made by the city government itself or by +contract. +The council shall award all contracts for such improvements; provided +that the council may authorize the city manager to award such contracts +not exceeding an amount to be determined by the council and subject to +such regulations as the council may prescribe. +A contract for public improvements of more than $1,000 may be awarded +only to the lowest and best responsible bidder after such notice and +opportunity for competitive bidding as the council may prescribe. +All bids may be rejected and further notice and opportunity for +competitive bidding may be given. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year" -A "\c" \ + -- "Section 4-6 Fiscal Year" +\& +.LP +The fiscal year of the city government shall begin on the first day of +July and shall end on the last day of June of every calendar year. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit" -A "\c" \ + -- "Section 4-7 Independent Annual Audit" +\& +.LP +The council shall designate a qualified public accountant or accountants +who shall make an independent audit of the accounts and evidences of +financial transactions of the department of finance and of all other +departments, offices, and agencies keeping separate or subordinate +accounts or making financial transactions as of the end of every fiscal +year at least, and who shall report to the council and to the city +manager. +In lieu of the above, the council may arrange with an appropriate state +authority for such an audit when and if permitted by law. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT" -A "\c" \ + -- "ARTICLE V MUNICIPAL COURT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court" -A "\c" \ + -- "Section 5-1 Municipal Court" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court" -A "\c" \ + -- "Section 5-1 Municipal Court" +\& +.LP +There shall be a municipal judge, who shall be an officer of the city +appointed by the city manager for an indefinite term. +Only the council may suspend or remove the municipal judge or an acting +municipal judge, and by a vote of a majority of all its members. +The municipal judge shall have original jurisdiction to hear and +determine all cases involving offenses against the charter and +ordinances of the city; provided that the council by ordinance may +create a minor violations bureau with authority to dispose of cases +arising out of designated minor violations, such as minor traffic and +parking violations, when the accused waives his right to be heard in +court, pleads guilty, and pays fines and costs. +The municipal judge shall keep a record of all proceedings of the +municipal court, of the disposition of all cases, and of all fines and +other money collected. +The municipal judge may issue warrants of arrest and subpoenas, +administer oaths and affirmations, make and enforce all proper orders, +rules, and judgments, and punish for contempt. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS" -A "\c" \ + -- "ARTICLE VI ELECTIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections" -A "\c" \ + -- "Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At Large; Nonpartisan Elections" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing" -A "\c" \ + -- "Section 6-2 Primary Election: Filing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc" -A "\c" \ + -- "Section 6-3 Primary Election: Time, Etc" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected" -A "\c" \ + -- "Section 6-4 Primary Election: Who Nominated Or Elected" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected" -A "\c" \ + -- "Section 6-5 General Election: Time, Who Elected" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held" -A "\c" \ + -- "Section 6-6 Primary And General Elections: When Not Held" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors" -A "\c" \ + -- "Section 6-7 Registered Qualified Electors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees" -A "\c" \ + -- "Section 6-8 Political Activity Of Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern" -A "\c" \ + -- "Section 6-9 State Constitution And Law To Govern" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting" -A "\c" \ + -- "Section 6-10 Authorizing Absentee Voting" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections" -A "\c" \ + -- "Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At Large; Nonpartisan Elections" +\& +.LP +The councilperson at large shall be elected at the elections herein +provided for in even numbered years, and one councilperson from each +ward shall be elected at said elections. +Beginning in the year 2000 the councilperson shall serve for terms of +four years beginning on the first council meeting following the +statutory general election date in the respective years when they are +elected. +If a councilperson-elect fails to qualify within one month thereafter, +his office shall become vacant, and the vacancy shall be filled as other +vacancies in the council are filled. +.PP +All candidates for councilmen [councilman at large] shall be nominated, +and all councilmen [the councilman at large] shall be elected, at large, +by the qualified electors of the entire city; but candidates for +councilmen from the wards must be [nominated and elected by the] +qualified electors of their respective wards. +.PP +Both the primary and the general election shall be nonpartisan; and no +party designation or emblem shall be placed on the ballots. +.PP +Nothing in this charter shall prohibit the use of voting machines. +.PP +(Res. +No. +432(99), 1-7-1999) +HISTORY +.br +\f[I]Amended by Res. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ + -- "589(05)" +\& on 1/18/2005 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing" -A "\c" \ + -- "Section 6-2 Primary Election: Filing" +\& +.LP +Any qualified person may have his name placed on the ballot for the +primary election as a candidate for councilman or mayor by filing, +during the time required by the statutes of the State of Oklahoma, but +if not provided for by the legislature, then not more than one month and +at least two (2) weeks prior to the primary election, with the secretary +of the county election board, a sworn statement of his or her candidacy. +The mayor or councilman may be a candidate for re-election but a +councilman may not be a candidate for mayor or the other seat or office +in the same ward as the councilman serves. +.PP +(Res. +No. +142(83), § 1, 1-17-1983) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc" -A "\c" \ + -- "Section 6-3 Primary Election: Time, Etc" +\& +.LP +A primary election shall be held on the statutory election date in each +election year to nominate candidates for councilperson to succeed those +whose terms are expiring. +If only one person is a candidate for the office to be filled, he shall +be not only nominated, but also elected ipsa facto; and his name shall +not appear on the primary or general election ballot. +Every qualified elector of the city shall be entitled to vote for one +candidate for [the office of councilperson at large to be filled; +qualified electors within each ward shall be entitled to vote for one +candidate for] each office [of councilperson from that respective ward] +to be filled. +HISTORY +.br +\f[I]Adopted by Res. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ + -- "589(05)" +\& on 1/18/2005 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected" -A "\c" \ + -- "Section 6-4 Primary Election: Who Nominated Or Elected" +\& +.LP +In a primary election, the two candidates for each office to be filled +receiving the greatest number of votes for that office, shall be +nominated. +If one of the candidates for an office receives a majority of all votes +cast for all candidates for that office, he alone shall be not only +nominated, but also elected ipso facto; and his name shall not appear on +the ballot for the general election. +In case of failure to nominate one or both candidates for an office +because of a tie, the nominee or nominees shall be determined from among +those tying, fairly by lot, by the county election board in a public +meeting. +If one of the two candidates for an office nominated in a primary +election dies or withdraws before the general election, the remaining +candidate shall be elected ipso facto; and his name need not appear on +the ballot for the general election. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected" -A "\c" \ + -- "Section 6-5 General Election: Time, Who Elected" +\& +.LP +A general election shall be held in the city on the statutory general +election date to elect the councilperson to succeed those whose terms +are expiring. +Every qualified elector of the City shall be entitled to vote for one of +the two candidates for each office [the office of councilperson at +large] to be filled, [and every qualified elector of each ward shall be +entitled to vote for one of the two candidates for the office of +councilperson from that respective ward to be filled], but may not vote +for any other person. +The candidate for each office receiving the greater number of votes, +shall be elected. +In case of a tie, the election shall be determined, fairly by lot, by +the county election board in a public meeting. +.PP +(Res. +No. +432(99), 1-7-1999) +HISTORY +.br +\f[I]Amended by Res. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ + -- "589(05)" +\& on 1/18/2005 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held" -A "\c" \ + -- "Section 6-6 Primary And General Elections: When Not Held" +\& +.LP +If there are no candidates and no questions to be voted upon at a +primary or general election, the election shall not be held. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors" -A "\c" \ + -- "Section 6-7 Registered Qualified Electors" +\& +.LP +Only electors residing in this city who have the qualifications +prescribed for electors by the state constitution and law, and who are +registered as may be required by law, may vote in city elections. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees" -A "\c" \ + -- "Section 6-8 Political Activity Of Officers And Employees" +\& +.LP +No officer or employee of the city except the councilmen and personnel +who receive no compensation for their services, may work for or against, +or attempt to influence, the nomination, election, or defeat of any +candidate for councilman, or the recall of any councilman; provided that +this shall not prohibit the ordinary exercise of one\[aq]s right to +express his opinions and to vote. +Any person who violates this section shall be punished, upon conviction +thereof, by a fine not exceeding twenty dollars including costs. +Such violation shall constitute cause for removal from office or +employment; and if the regular removal authority has not already removed +a person who violates this section, he shall be automatically removed by +the said conviction of violating this section effective at the +expiration of his right of appeal or, in the case of appeal, when the +case is finally determined. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern" -A "\c" \ + -- "Section 6-9 State Constitution And Law To Govern" +\& +.LP +The provisions of the state constitution and law applicable to city +elections, shall govern such elections in this city insofar as they are +applicable and are not superseded by this charter or by ordinance. +.PP +A proclamation of the mayor calling a special election need not (but +may) set forth the names of the precinct officers who are to conduct the +election but shall give the locations of polling places. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting" -A "\c" \ + -- "Section 6-10 Authorizing Absentee Voting" +\& +.LP +Voting by absentee ballots shall be permitted in all municipal, primary, +general or special elections to be held in the City of Moore, Oklahoma, +beginning in the year 1982 A.D. +.PP +(Res. +No. +116(81), § 1, 2-2-1981) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL" -A "\c" \ + -- "ARTICLE VII RECALL" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized" -A "\c" \ + -- "Section 7-1 Recall Authorized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition" -A "\c" \ + -- "Section 7-2 Recall Petition" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order" -A "\c" \ + -- "Section 7-3 Recall Election: Council To Order" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held" -A "\c" \ + -- "Section 7-4 Recall Election: How Held" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning" -A "\c" \ + -- "Section 7-5 Person Recalled Or Resigning" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized" -A "\c" \ + -- "Section 7-1 Recall Authorized" +\& +.LP +The incumbent of any elective city office, including a person appointed +to fill a vacancy in any such office, may be recalled from office by the +electors qualified to vote for the election of a successor to the +incumbent, in the manner provided herein; provided, that the recall +statement or petition shall be for official misconduct of said official, +which shall include, but not be limited to, willful neglect of duty, +corruption in office, habitual drunkenness, incompetency, or a +conviction of any offense involving moral turpitude committed while in +office. +.PP +(Res. +No. +131(82), § 1, 2-12-1982) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition" -A "\c" \ + -- "Section 7-2 Recall Petition" +\& +.IP " 1." 4 +To initiate recall proceedings, a written statement in duplicate +proposing the recall of the incumbent of an elective office, shall be +signed by twenty or more registered qualified electors of the city, and +shall be filed with the city clerk after the incumbent has held the +office at least four months. +The statement shall also contain the reason or reasons for which the +recall is sought, in not more than two hundred words. +Within five days, the city clerk shall mail a copy of such statement by +registered, certified, or similar special mail to the officer at his +residential address. +Within ten days after the statement is mailed to the officer, the +officer may make and file with the city clerk a written statement in +duplicate justifying his conduct in office, in not more than two hundred +words; and the city clerk on request shall deliver one copy to one of +the persons filing the statement proposing the recall. +.IP " 2." 4 +The petition for recall shall include a demand that a successor to the +incumbent sought to be recalled be elected, and shall also include +before the space where the signatures are to be written the statement +giving the reason or reasons for recall under the heading \[dq]STATEMENT +FOR RECALL,\[dq] and if the officer has filed a statement as authorized, +the statement justifying his conduct in office under the heading +\[dq]STATEMENT AGAINST RECALL.\[dq] The two statements shall be in +letters of the same size. +A copy of the petition shall be filed with the city clerk within one +month after recall proceedings are initiated by the filing of the first +statement, and before the petition is circulated. +.IP " 3." 4 +A number of registered qualified electors of the city equal at least to +thirty-five percent (35%) of the number of electors who voted in the +last general municipal election, must sign the petition. +Each signer shall write after his name his address within the city, +giving street or avenue and number, if any. +Not more than one hundred signatures may appear on a single copy of the +petition. +Petitions may be circulated only by registered qualified electors of the +city; and the person who circulates each copy of the petition shall sign +an affidavit on the copy stating that each signer signed the petition in +his presence, that each signature on the petition is genuine, and that +he believes each signer to be a registered qualified elector of the +city. +.IP " 4." 4 +The circulated petition shall be filed with the city clerk not later +than one month after the filing of a copy as provided above. +Within one month after date of filing of the circulated petition, the +city clerk shall examine it and ascertain whether it has been prepared +and circulated as required, and whether the required number of +registered qualified electors of the city have signed it. +He shall then attach his certificate to the petition. +If his certificate states that the petition has not been prepared and +circulated as required and/or lacks a sufficient number of signatures, +the petition shall have no effect unless the decision of the city clerk +is appealed from and reversed by the district court. +But, if the city clerk\[aq]s certificate states that the petition has +been prepared and circulated as required and has a sufficient number of +signatures, he shall submit the petition and certificate to the council +at its next meeting. +Provided that any qualified elector who has signed said petition or the +officer affected may appeal from the decision of the city clerk within +five days from the date of such decision to the district court. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order" -A "\c" \ + -- "Section 7-3 Recall Election: Council To Order" +\& +.LP +The council, by resolution or ordinance passed within ten days after +receiving the petition and certificate of the city clerk or after the +decision of the court, shall order and fix the date for a recall +election, which shall be held not less than forty days, nor more than +fifty days, after passage of the resolution or ordinance. +The city clerk shall cause the resolution or ordinance ordering the +election to be published in full in a newspaper authorized to publish +legal publications within ten days after its passage; and such +publication shall be sufficient notice of the election. +.PP +The qualified electors of the city may vote in a recall election on the +election of successors to more than one incumbent of an elective office +on the same day. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held" -A "\c" \ + -- "Section 7-4 Recall Election: How Held" +\& +.LP +The recall election shall be an election to fill the office held by the +incumbent sought to be recalled. +There shall be no primary. +Any qualified person, including the incumbent, may file as a candidate +for the office. +The candidate receiving the greatest number of votes in the recall +election shall be elected. +If a candidate other than the incumbent is elected, the incumbent shall +be recalled from office effective as of the time when the result of the +election is certified. +The said successful candidate must qualify within one month thereafter; +and if he fails to do so, the office shall be vacant, and the vacancy +shall be filled as other vacancies in the council are filled. +A candidate thus elected and qualifying shall serve for the unexpired +term. +If the incumbent is a candidate an receives the greatest number of +votes, he shall continue in office without interruption; and recall +proceedings may not again be initiated against him within one year after +the election. +.PP +The provisions of this charter relating to city elections shall also +govern recall elections insofar as they are applicable and are not +superseded by the provisions of this article. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning" -A "\c" \ + -- "Section 7-5 Person Recalled Or Resigning" +\& +.LP +No person who has been recalled from an office, or who has resigned from +office while recall proceedings were pending against him, may hold any +office or position of employment in the city government within two years +after his recall or resignation. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY" -A "\c" \ + -- "ARTICLE VIII OFFICERS AND EMPLOYEES GENERALLY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations" -A "\c" \ + -- "Section 8-1 Appointments, Removals, Etc., Personnel Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created" -A "\c" \ + -- "Section 8-2 Personnel Board Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services" -A "\c" \ + -- "Section 8-3 Classified And Unclassified Services" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board" -A "\c" \ + -- "Section 8-4 Removal, Etc., Hearing Before The Personnel Board" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees" -A "\c" \ + -- "Section 8-5 Qualifications Of Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism" -A "\c" \ + -- "Section 8-6 Nepotism" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office" -A "\c" \ + -- "Section 8-7 Holding More Than One Office" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds" -A "\c" \ + -- "Section 8-8 Official Bonds" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office" -A "\c" \ + -- "Section 8-9 Oath Or Affirmation Of Office" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations" -A "\c" \ + -- "Section 8-10 Who May Administer Oaths And Affirmations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees" -A "\c" \ + -- "Section 8-11 Removal, Etc., Of Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees" -A "\c" \ + -- "Section 8-12 Acting Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify" -A "\c" \ + -- "Section 8-13 Officers To Continue Until Successors Are Elected Or Appointed And Qualify" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests" -A "\c" \ + -- "Section 8-14 Conflict Of Interests" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations" -A "\c" \ + -- "Section 8-1 Appointments, Removals, Etc., Personnel Regulations" +\& +.LP +Appointments and promotions in the service of the city shall be made +solely on the basis of merit and fitness; and removals, demotions, +suspensions, and layoffs shall be made solely for the good of the +service. +The council, consistently with this charter, by ordinance or personnel +rules, may regulate personnel matters and provide for proper personnel +administration. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created" -A "\c" \ + -- "Section 8-2 Personnel Board Created" +\& +.LP +There shall be a personnel board consisting of three members appointed +by the council for overlapping six-year terms. +The term of one member shall begin July 1 in every even-numbered year. +The council shall appoint the three original members so that the term of +one will expire at that time in each of the first three succeeding +even-numbered years. +A member may not hold any other office or position in the city +government. +The council, by a vote of at least five members, after adequate +opportunity for a public hearing, may remove a member for the good of +the service; and the vote shall be by yeas and nays and shall be entered +in the journal. +The council shall fill vacancies for the unexpired terms. +Members shall serve without compensation unless the council provides +otherwise. +.PP +At the time prescribed for the beginning of the term of a newly +appointed member or as soon thereafter as practicable, the board shall +elect a chairman, a vice-chairman, and a secretary; and the secretary +need not be a member of the board. +The board shall determine the time and place of its regular meetings, +and the chairman or two members may call special meetings. +.PP +The personnel board shall have power to subpoena officers and employees +of the city and other persons to testify and to produce documents and +other effects as evidence. +The chairman shall have power to administer oaths and affirmations. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services" -A "\c" \ + -- "Section 8-3 Classified And Unclassified Services" +\& +.LP +All officers and employees of the city shall be divided into the +classified and the unclassified service. +.IP " 1." 4 +The following shall constitute the unclassified service: +.RS 4 +.IP " 1." 4 +The mayor and other councilmen, and the municipal judge; +.IP " 2." 4 +The city manager, and one secretary to the city manager, if any; +.IP " 3." 4 +Members and secretary of each board, commission, or other plural +authority; +.IP " 4." 4 +All personnel who serve without compensation; +.IP " 5." 4 +Persons appointed or employed on a temporary basis to make or conduct a +special audit, inquiry, investigation, study, examination, or +installation, or to perform a temporary professional or technical +service, subject to such exceptions, limitations, and regulations as the +ordinances or personnel rules may prescribe; and such other temporary +personnel as may be placed in the unclassified service by ordinance or +personnel rules. +.RE +.IP " 2." 4 +All other officers and employees shall be in the classified service; +provided that, when the city has over 30,000 people as shown by any last +preceding federal census, any of the following may be placed in the +unclassified service by ordinance or personnel rules: One assistant city +manager if any; the heads, or directors, of administrative departments; +and one secretary for each such head, or director, who has a secretary. +.IP " 3." 4 +Nothing herein shall prohibit including personnel in the unclassified +service in the classification plan. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board" -A "\c" \ + -- "Section 8-4 Removal, Etc., Hearing Before The Personnel Board" +\& +.LP +The city manager or any other authority who lays off, suspends without +pay for more than ten days, demotes, or removes any regular (that is, +nontemporary) officer or employee in the classified service after a +probationary period of six months, shall, at that time or within two +days thereafter, deliver, or have delivered, or mail by registered, +certified, or similar special mail, to the officer or employee a written +statement of the reason or reasons for the layoff, suspension, demotion, +or removal. +Such officer or employee may appeal in writing to the personnel board. +The appeal must be filed with the secretary of the board, or with the +city clerk for transmittal to the board, within ten (10) days after +receipt of notice of the layoff, suspension, demotion, or removal (which +appeal may thus be filed either before or after the time of +effectiveness of the layoff, suspension, demotion, or removal). +As soon as practicable thereafter, the board shall hold a public hearing +on the appeal, or give an adequate opportunity therefor, and shall +report in writing its findings and recommendations, in cases of +subordinates of the city manager, to the city manager, and in other +cases to the respective authorities having power of removal; and the +city manager or other authority having power of removal shall then make +a final decision in writing regarding the appellant\[aq]s layoff, +suspension, demotion, or removal, as the case may be; provided that, if +the board finds that the layoff, suspension, demotion, or removal was +made for a political reason or reasons or for any other reason or +reasons than the good of the service, it shall veto the layoff, +suspension, demotion, or removal, and the action by the city manager or +other authority shall be nullified thereby. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees" -A "\c" \ + -- "Section 8-5 Qualifications Of Officers And Employees" +\& +.LP +Officers and employees of the city shall have the qualifications +prescribed by this charter and such additional qualifications as the +council may prescribe; but the council shall not prescribe additional +qualifications for councilmen. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism" -A "\c" \ + -- "Section 8-6 Nepotism" +\& +.LP +Neither the city manager, the council, nor any other authority of the +city government, may appoint or elect any person related to any +councilman, to the city manager, or to himself, or, in the case of a +plural authority, to one of its members, by affinity or consanguinity +within the third degree, to any office or position of profit in the city +government; but this shall not prohibit an officer or employee from +continuing in the service of the city. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office" -A "\c" \ + -- "Section 8-7 Holding More Than One Office" +\& +.LP +Except as may be otherwise provided by this charter or by ordinance, the +same person may hold more than one office in the city government. +The city manager may hold more than one such office, through appointment +by himself, by the council, or by other city authority having power to +fill the particular office, subject to any regulations which the council +may make by ordinance; but he may not receive compensation for service +in such other offices. +Also the council by ordinance may provide that the city manager shall +hold ex officio designated offices subordinate to the city manager as +well as other designated compatible city offices. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds" -A "\c" \ + -- "Section 8-8 Official Bonds" +\& +.LP +The city manager, the city clerk, the city treasurer, and such other +officers and employees as the council may designate, before entering +upon their duties, shall provide bonds for the faithful performance of +their respective duties, payable to the city, in such form and in such +amounts as the council may prescribe, with a surety company authorized +to operate within the state. +The city shall pay the premiums on such bonds. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office" -A "\c" \ + -- "Section 8-9 Oath Or Affirmation Of Office" +\& +.LP +Every officer of the city, before entering upon the duties of his +office, shall take and subscribe to the oath or affirmation of office +prescribed by the state constitution. +The oath or affirmation shall be filed in the city clerk\[aq]s office. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations" -A "\c" \ + -- "Section 8-10 Who May Administer Oaths And Affirmations" +\& +.LP +All officers authorized by federal or state law, the mayor, the city +manager, the city clerk, the municipal judge, and such other officers as +the council may authorize, may administer oaths and affirmations in any +matter pertaining to the affairs and government of the city. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees" -A "\c" \ + -- "Section 8-11 Removal, Etc., Of Officers And Employees" +\& +.LP +Except in the case of the municipal judge, the power [to] lay off, +suspend, demote, and remove accompanies the power to appoint or elect, +and the city manager, the council, or other appointing or electing +authority at any time lay off, suspend, demote, or remove any officer or +employee to whom he, the council, or the other appointing or electing +authority respectively may appoint or elect a successor. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees" -A "\c" \ + -- "Section 8-12 Acting Officers And Employees" +\& +.LP +The appointing or electing authority who may appoint or elect the +successor of an officer or employee, may appoint or elect a person to +act during the temporary absence, leave, disability, or suspension of +such officer or employee, or, in case of a vacancy, until a successor is +appointed or elected and qualifies, unless the council provides by +general ordinance that a particular superior or subordinate of such +officer or employee shall act. +The council by general ordinance may provide for a deputy to act in such +cases. +Also an acting municipal judge may be appointed to serve in any case or +proceeding for which the municipal judge is disqualified. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify" -A "\c" \ + -- "Section 8-13 Officers To Continue Until Successors Are Elected Or Appointed And Qualify" +\& +.LP +Every officer who is elected or appointed for a term ending at a +definite time, shall continue to serve thereafter until his successor is +elected or appointed and qualifies unless his services are sooner +terminated by resignation, removal, disqualification, death, abolition +of the office, or other legal manner. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests" -A "\c" \ + -- "Section 8-14 Conflict Of Interests" +\& +.LP +Neither any councilman nor the city manager shall sell or barter +anything to the city or to a contractor to be supplied to the city; or +make any contract with the city; or purchase anything from the city +other than those things which the city offers generally to the public +(as for example, utility services), and then only on the same terms as +are offered to the public. +Any such officer violating this section, upon conviction thereof, shall +thereby forfeit his office. +Any violation of this section, with knowledge, express or implied, of +the person or corporation contracting with the city, shall render the +contract voidable by the city manager or the council. +This section shall not apply in cases in which the city acquires +property by condemnation. +.PP +The council by ordinance or personnel rules may further regulate +conflict of interests and ethics of officers and employees of the city. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS" -A "\c" \ + -- "ARTICLE IX GENERAL AND MISCELLANEOUS PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender" -A "\c" \ + -- "Section 9-1 Gender" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum" -A "\c" \ + -- "Section 9-2 Initiative And Referendum" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records" -A "\c" \ + -- "Section 9-3 Publicity Of Records" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender" -A "\c" \ + -- "Section 9-1 Gender" +\& +.LP +When the masculine gender is used in this charter, it shall also mean +the feminine unless the masculine alone is clearly indicated. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum" -A "\c" \ + -- "Section 9-2 Initiative And Referendum" +\& +.LP +The powers of the initiative and referendum are reserved to the people +of the city. +In the exercise of these powers, the requirements of the state +constitution and law shall be observed. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records" -A "\c" \ + -- "Section 9-3 Publicity Of Records" +\& +.LP +All records and accounts of every office, department, or agency of the +city government, except records and documents the disclosure of which +would tend to defeat the lawful purpose which they are intended to +accomplish, shall be open to public inspection. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER" -A "\c" \ + -- "ARTICLE X AMENDMENT AND SEPARABILITY OF CHARTER" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval" -A "\c" \ + -- "Section 10-1 Amendment: Proposal, Ratification, Approval" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability" -A "\c" \ + -- "Section 10-2 Separability" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval" -A "\c" \ + -- "Section 10-1 Amendment: Proposal, Ratification, Approval" +\& +.LP +This charter may be amended by proposals therefor submitted by the +council, or by the mayor upon initiative petition of the electors as +provided by the state constitution, at a general or special election, +ratified by a majority of the qualified electors voting thereon, and +approved by the governor as provided by the state constitution. +If more than one amendment is proposed, all of them except those which +are so interrelated that they should be ratified or rejected together, +shall be submitted in such manner that the electors may vote on them +separately. +A proposition to amend this charter may be either in the form of a +proposed amendment to a part or parts of the charter or of a proposed +new charter. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability" -A "\c" \ + -- "Section 10-2 Separability" +\& +.LP +If a court of competent jurisdiction should hold any section or part of +this charter invalid, such holding shall not affect the remainder of +this charter nor the context in which such section or part so held +invalid may appear, except to the extent that an entire section or part +may be inseparably connected in meaning and effect with that section or +part. +.PP +If a court of competent jurisdiction holds a part of this charter +invalid, or if a change in the state constitution or law renders a part +of this charter invalid or inapplicable, the council by ordinance may +take such appropriate action as will enable the city government to +function properly. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT" -A "\c" \ + -- "ARTICLE XI SUCCESSION IN GOVERNMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)" -A "\c" \ + -- "Section 11-1 Wards (Reserved)" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect" -A "\c" \ + -- "Section 11-2 When Charter Goes Into Effect" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter" -A "\c" \ + -- "Section 11-3 First Elections Under This Charter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government" -A "\c" \ + -- "Section 11-4 Officers And Employees Under The Town Government" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued" -A "\c" \ + -- "Section 11-5 Ordinances Continued" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings" -A "\c" \ + -- "Section 11-6 Pending Actions And Proceedings" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)" -A "\c" \ + -- "Section 11-1 Wards (Reserved)" +\& +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect" -A "\c" \ + -- "Section 11-2 When Charter Goes Into Effect" +\& +.LP +If a majority of the qualified electors of the town voting on the +question vote to ratify this charter, the provisions of this charter +relating to elections shall go into effect immediately upon approval by +the governor as provided by the state constitution, for the purpose of +electing the first councilmen; and the charter shall go into full effect +at 7:30 o\[aq]clock P.M. +on the first Monday in May, 1962. +The council shall hold its first meeting at that time. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter" -A "\c" \ + -- "Section 11-3 First Elections Under This Charter" +\& +.LP +A primary election shall be held on the third Tuesday in March, 1962, +and a general election shall be held on the first Tuesday in April, +1962, to elect a councilman at large and two councilmen from each of the +three wards of the city. +.PP +In said primary election, every qualified elector of the city shall be +entitled to vote for two candidates for councilman from each ward, and +the instruction \[dq]Vote for two\[dq] shall be placed above the names +of the candidates for councilman from each ward. +The four candidates receiving the greatest number of votes shall be +nominated. +Provided that, if there are not more than two candidates for councilman +from a ward, they shall be elected ipso facto, and their names shall not +appear on the primary or general election ballots. +Provided further that, if there are not more than four candidates for +councilman from a ward, the two who receive the greatest number of votes +shall be not only nominated, but also elected ipso facto, and their +names shall not appear on the general election ballot. +.PP +In the general election on the first Tuesday in April, 1962, every +qualified elector of the city shall be entitled to vote for two of the +candidates for councilman from each ward unless the councilmen from a +particular ward have already been elected as provided hereinabove, and +the instruction \[dq]Vote for two\[dq] shall be placed above the names +of the candidates for councilman from each ward.The two candidates +receiving the greatest number of votes shall be elected. +.PP +The councilman from each ward (whether elected at the primary or the +general election) who receives more votes shall serve for a term of two +years, and the other councilman from the ward shall serve for a term of +one year. +Provided that, if, because of a tie or for any other reason, it is not +thus determined which of the two shall serve for a term of two years and +which shall serve for a term of one year, then such determination shall +be made fairly by lot by the county election board in a public meeting. +.PP +The provisions of article VI of this charter shall apply to the said +elections in 1962 insofar as such provisions are applicable and are not +superseded by the provisions of this section. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government" -A "\c" \ + -- "Section 11-4 Officers And Employees Under The Town Government" +\& +.LP +It is hereby declared to be the desire of the people of the city that +all incumbents of administrative offices and positions of employment +under the town government (including the incumbents of the offices of +town clerk and town treasurer) shall be continued in the service of the +city under this charter if they are qualified and if the good of the +service permits; but this general statement of desire shall not limit +the power of appointment and removal. +.PP +The offices of the town trustees shall terminate when this charter goes +into full effect. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued" -A "\c" \ + -- "Section 11-5 Ordinances Continued" +\& +.LP +All ordinances, insofar as they are not inconsistent with this charter, +shall continue in effect until they are repealed or until they expire by +their own limitations. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings" -A "\c" \ + -- "Section 11-6 Pending Actions And Proceedings" +\& +.LP +The adoption of this charter shall not abate or otherwise affect any +action or proceeding, civil or criminal, pending when it takes effect, +brought by or against the municipality or any office, department, +agency, or officer thereof. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_1_GENERAL_PROVISIONS" -A "\c" \ + -- "PART 1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES" -A "\c" \ + -- "CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, FINES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS" -A "\c" \ + -- "CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, BONDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS" -A "\c" \ + -- "CHAPTER 1-3 CORPORATE AND WARD LIMITS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES" -A "\c" \ + -- "CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, FINES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code" -A "\c" \ + -- "Sec 1-101 Designation And Citation Of Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions" -A "\c" \ + -- "Sec 1-102 Rules Of Code Construction; Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code" -A "\c" \ + -- "Sec 1-103 Authority Of Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions" -A "\c" \ + -- "Sec 1-104 Conflicting Provisions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction" -A "\c" \ + -- "Sec 1-105 References Include Amendments; Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction" -A "\c" \ + -- "Sec 1-106 Catchlines And Headings; Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances" -A "\c" \ + -- "Sec 1-107 Code Provisions As Continuance Of Existing Ordinances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit" -A "\c" \ + -- "Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of License Or Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense" -A "\c" \ + -- "Sec 1-109 Each Day Of Violation Of Code A Separate Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing" -A "\c" \ + -- "Sec 1-110 Prohibited Acts Include Causing, Permitting, Concealing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances" -A "\c" \ + -- "Sec 1-111 Civil Relief From Violations Of Code Of Ordinances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability" -A "\c" \ + -- "Sec 1-112 Territorial Applicability" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City" -A "\c" \ + -- "Sec 1-113 Ordinances In Effect In Outlying Territory Of City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal" -A "\c" \ + -- "Sec 1-114 Official Seal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code" -A "\c" \ + -- "Sec 1-115 Amendments To Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability" -A "\c" \ + -- "Sec 1-116 Code Severability" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code" -A "\c" \ + -- "Sec 1-101 Designation And Citation Of Code" +\& +.LP +The ordinances embraced in this and the following chapters and sections +shall constitute and be designated as the \[dq]City Code of Moore, +Oklahoma,\[dq] and may be so cited. +The Code may also be cited as the \[dq]City Code\[dq] or in the +provisions which follow, as the \[dq]Code.\[dq] +.PP +(Prior Code, § 1-1; Code 1999, § 1-101) +.PP +\f[B]State Law reference\f[R]\[em] Adoption, revision of codes of +ordinances, 11 O.S. +§§ 14-108, 14-109. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions" -A "\c" \ + -- "Sec 1-102 Rules Of Code Construction; Definitions" +\& +.IP " 1." 4 +In the construction of this Code and all ordinances, the following rules +of construction and definitions shall be observed unless inconsistent +with the manifest intent of the city council or the context clearly +requires otherwise: +.br +\f[I] +.br +Administrative regulations\f[R]. +The term \[dq]administrative regulations\[dq] means written orders which +are issued by approval of the mayor or city manager. +.br +\f[I] +.br +Bond\f[R]. +The term \[dq]bond\[dq] means an obligation in writing, binding the +signatory to pay a sum certain upon the happening or failure of an +event. +.br +\f[I] +.br +Building\f[R]. +The term \[dq]building\[dq] means any structure intended to have walls +and a roof. +.br +\f[I] +.br +Building official\f[R]. +The term \[dq]building official\[dq] means the person appointed by the +city manager and designated as the city\[aq]s building official. +.br +\f[I] +.br +Business\f[R]. +The term \[dq]business\[dq] means any profession, trade, occupation and +any other commercial enterprise conducted for monetary reward. +.br +\f[I] +.br +Charter\f[R]. +The term \[dq]Charter\[dq] means the Charter of the City of Moore. +.br +\f[I] +.br +City\f[R]. +The term \[dq]city\[dq] means the City of Moore, in the County of +Cleveland and State of Oklahoma. +.br +\f[I] +.br +City limits\f[R]. +The term \[dq]city limits\[dq] means within the city and includes not +only the corporate limits of the city but also any property which it +owns or which is under its jurisdiction. +.br +\f[I] +.br +Clerk\f[R]. +The term \[dq]clerk\[dq] means the city clerk. +.br +\f[I] +.br +Conjunctions\f[R]. +In a provision involving two or more items, conditions, provisions or +events, which items, conditions, provisions or events are connected by +the conjunction \[dq]and,\[dq] \[dq]or\[dq] or \[dq]either \&... +or,\[dq] the conjunction shall be interpreted as follows, except that +the term \[dq]or\[dq] may be read \[dq]and,\[dq] and the term +\[dq]and\[dq] may be read \[dq]or\[dq] if the sense requires it: +.RS 4 +.IP " 1." 4 +\[dq]And\[dq] indicates that all the connected terms, conditions, +provisions or events apply. +.IP " 2." 4 +\[dq]Or\[dq] indicates that the connected terms, conditions, provisions +or events apply singly or in any combination. +.IP " 3." 4 +\[dq]Either \&... +or\[dq] indicates that the connected terms, conditions, provisions or +events apply singly but not in combination. +\f[I]Council\f[R]. +The term \[dq]council\[dq] means the governing body of the city; the +city council. +.br +\f[I] +.br +County\f[R]. +The term \[dq]county\[dq] means Cleveland County, Oklahoma. +.br +\f[I] +.br +Definitions\f[R]. +Definitions given within a chapter or article apply only to words or +phrases used in such chapter or article unless otherwise provided. +.br +\f[I] +.br +Designee\f[R]. +The term \[dq]designee,\[dq] following an official of the city, means +the authorized agent, employee or representative of such official. +.br +\f[I] +.br +Gender\f[R]. +Words importing the masculine gender include the feminine and neuter as +well as the masculine. +.br +\f[I] +.br +Health officer\f[R]. +The term \[dq]health officer\[dq] means the administrator of the +cooperative department of the county and the city. +.br +\f[I] +.br +Keeper\f[R]. +The term \[dq]keeper\[dq] means one in possession of or who has the +care, custody or superintendence of a thing, place or business, whether +or not the owner or proprietor, and includes any person, firm, +association, corporation, club and copartnership, whether acting by +themselves or by a servant, agent or employee. +.br +\f[I] +.br +Law\f[R]. +The term \[dq]law\[dq] means applicable federal law and court decisions, +court decisions and provisions of the constitution and statutes of the +state, ordinances and Charter of the city, and, when appropriate, any +and all rules and regulations promulgated thereunder. +.br +\f[I] +.br +Manager\f[R]. +The term \[dq]manager\[dq] means the city manager. +.br +\f[I] +.br +May\f[R]. +The term \[dq]may\[dq] is permissive and discretionary. +.br +\f[I] +.br +Mayor\f[R]. +The term \[dq]mayor\[dq] means the mayor of the city. +.br +\f[I] +.br +Month\f[R]. +The term \[dq]month\[dq] means a calendar month. +.br +\f[I] +.br +Number\f[R]. +Words used in the singular include the plural and the plural includes +the singular. +.br +\f[I] +.br +Oath\f[R]. +The term \[dq]oath\[dq] means any form of attestation by which a person +signifies that he is bound in conscience to perform an act or to speak +faithfully and truthfully, and includes an affirmation or declaration in +cases where by law an affirmation may be substituted for an oath. +.br +\f[I] +.br +Occupant\f[R]. +The term \[dq]occupant\[dq] means the tenant or person in actual +possession. +.br +\f[I] +.br +Operate\f[R]. +The term \[dq]operate\[dq] means carry on, keep, conduct, maintain, +manage, direct or superintend. +.br +\f[I] +.br +Ordinances\f[R]. +The term \[dq]ordinances\[dq] means the ordinances of the city and all +amendments and supplements thereto. +.br +\f[I] +.br +O.S.\f[R] The abbreviation \[dq]O.S.\[dq] means the latest edition of +the Oklahoma Statutes, as now or hereafter amended. +.br +\f[I] +.br +Owner\f[R]. +The term \[dq]owner\[dq] means one who has complete dominion over +particular property and who is the one in whom legal or equitable title +rests. +When applied to a building or land, the term \[dq]owner\[dq] means any +part owner, joint owner, owner of a community or partnership interest, +life tenant, tenant in common, or joint tenant, of the whole or part of +such building or land. +.br +\f[I] +.br +Person\f[R]. +The term \[dq]person\[dq] means any individual, natural person, joint +stock company, partnership, voluntary association, club, firm, company, +corporation, business trust, organization, or any other bodies corporate +or politic or group acting as a unit, or the manager, lessee, agent, +servant, partner, member, director, officer or employee of any of them, +including an executor, administrator, trustee, receiver, or other +representative appointed according to law. +.br +\f[I] +.br +Personal property\f[R]. +The term \[dq]personal property\[dq] means any money, goods, movable +chattels, things in action, evidence of debt, all objects and rights +which are capable of ownership, and every other species of property +except real property. +.br +\f[I] +.br +Preceding; following\f[R]. +The terms \[dq]preceding\[dq] and \[dq]following\[dq] mean next before +and next after, respectively. +.br +\f[I] +.br +Proprietor\f[R]. +The term \[dq]proprietor\[dq] means an owner of the property or +premises, including any person, firm, association, corporation, club, +partnership or other group acting as a unit, whether acting by +themselves or by a servant, agent or employee. +.br +\f[I] +.br +Public place\f[R]. +The term \[dq]public place\[dq] means and includes any public street, +road or highway, alley, lane, sidewalk, crosswalk, or other public way, +or any public resort, place of amusement, stadium, athletic field, park, +playground, public building or grounds appurtenant thereto, school +building or school grounds, public parking lot or any vacant lot, the +elevator, lobby, halls, corridors and areas open to the public of any +store, office, or apartment building, or any other place commonly open +to the public. +.br +\f[I] +.br +Real property\f[R]. +The term \[dq]real property\[dq] means land together with all things +attached to the land so as to become a part thereof. +.br +\f[I] +.br +Shall\f[R]. +The term \[dq]shall\[dq] is mandatory. +.br +\f[I] +.br +Sidewalk\f[R]. +The term \[dq]sidewalk\[dq] means that portion of a street between the +curbline and the adjacent property along the margin of a street or other +highway, designed, constructed and intended for the use of pedestrians +to the exclusion of vehicles. +.br +\f[I] +.br +Signature; subscription\f[R]. +The terms \[dq]signature\[dq] and \[dq]subscription\[dq] mean the name +of a person, mark or symbol appended by him to a writing with intent to +authenticate the instrument as one made or put into effect by him. +.br +\f[I] +.br +State\f[R]. +The term \[dq]state\[dq] means the State of Oklahoma. +.br +\f[I] +.br +Statutes\f[R]. +The term \[dq]statutes\[dq] means the Oklahoma Statutes as they are now +or as they may be amended to be. +.br +\f[I] +.br +Street\f[R]. +The term \[dq]street\[dq] means all streets, highways, avenues, +boulevards, parkways, roads, lanes, viaducts, bridges and the approaches +thereto, docks built on the public street, alleys, courts, places, +squares, curbs, sidewalks, recreation and park lands used for vehicular +traffic, or other public ways or thoroughfares in the city, over which +it has jurisdiction, which have been or may hereafter be dedicated and +open to public use, or such other public property so designated in any +law of the state. +.br +\f[I] +.br +Tenant\f[R]. +The term \[dq]tenant\[dq] means any person occupying the premises, +building or land of another in subordination to such other person\[aq]s +title and with his express or implied assent, whether he occupies the +whole or a part of those premises, buildings or lands, whether alone or +with others. +.br +\f[I] +.br +Tense\f[R]. +Words used in the past or present tense include the future, past and +present where applicable unless the context clearly indicates otherwise. +.br +\f[I] +.br +Time\f[R]. +The term \[dq]time\[dq] means the hour of the day according to the +official time of the day. +.br +\f[I] +.br +Time of performance\f[R]. +The term \[dq]time of performance\[dq] means the time within which an +act is to be done as provided in any section or any order issued +pursuant to any section, when expressed in days, and is computed by +excluding the first and including the last day. +If the last day is a Sunday or legal holiday, that day shall not be +counted in the computation. +When the time is expressed in hours, the whole of Sunday or a legal +holiday from midnight to midnight is excluded. +.br +\f[I] +.br +Treasurer\f[R]. +The term \[dq]treasurer\[dq] means the city treasurer. +.br +\f[I] +.br +Watercourse\f[R]. +The term \[dq]watercourse\[dq] means any drain, ditch and stream, +flowing in a definite direction or course in a bed with banks. +.br +\f[I] +.br +Week\f[R]. +The term \[dq]week\[dq] means seven days. +.br +\f[I] +.br +Writing; written\f[R]. +The terms \[dq]writing\[dq] and \[dq]written\[dq] mean any +representation of words, letters or figures, whether by printing or +otherwise, capable of comprehension by ordinary visual means. +.br +\f[I] +.br +Year\f[R]. +The term \[dq]year\[dq] means a calendar year. +.RE +.IP " 2." 4 +Words and phrases are construed according to the common and approved +usage of the language, but technical words and phrases and others that +have acquired a peculiar and appropriate meaning in the law are +construed and understood according to such meaning. +.LP +(Prior Code, § 1-4; Code 1999, § 1-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code" -A "\c" \ + -- "Sec 1-103 Authority Of Code" +\& +.LP +This Code is a revision and codification of the general ordinances of +the city which have been enacted and published in accordance with the +authority granted in 11 O.S. +§§ 14-108 and 14-109. +.PP +(Code 1999, § 1-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions" -A "\c" \ + -- "Sec 1-104 Conflicting Provisions" +\& +.IP " 1." 4 +If the provisions of different parts, chapters, articles, divisions or +sections of this Code conflict with or contravene each other, the +provisions of each part, chapter, article, division or section shall +prevail as to all matters and questions growing out of the subject +matter of that part, chapter, article, division or section. +.IP " 2." 4 +If clearly conflicting provisions are found in different sections of the +same chapter, the provisions of the section last enacted shall prevail +unless the construction is inconsistent with the meaning of that +section. +.IP " 3." 4 +Where any conflict exists between a part, chapter, article, division or +section of this Code and any chapter or section of the Charter, the +latter shall prevail. +.LP +(Code 1999, § 1-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction" -A "\c" \ + -- "Sec 1-105 References Include Amendments; Construction" +\& +.IP " 1." 4 +Any reference in this Code to an ordinance or provision of this Code +means such ordinance or provision as may now exist or is hereafter +amended. +.IP " 2." 4 +Any references in this Code to parts, chapters, articles, divisions or +sections shall be to the parts, chapters, articles, divisions or +sections of this Code unless otherwise specified. +.LP +(Code 1999, § 1-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction" -A "\c" \ + -- "Sec 1-106 Catchlines And Headings; Construction" +\& +.IP " 1." 4 +All designations and headings of parts, chapters, articles, divisions +and sections are intended only for convenience in arrangement and as +mere catchwords to indicate the contents of such parts, chapters, +articles, divisions or sections, whether printed in capital letters or +bold face type. +They shall not be deemed or taken to be any part or title of such parts, +chapters, articles, divisions or sections; nor, unless expressly so +provided, shall they be so deemed upon amendment or reenactment; nor +shall they be construed to govern, limit, modify, alter or in any other +manner affect the scope, meaning or intent of any of the provisions of +this Code. +.IP " 2." 4 +The history or source notes appearing in parentheses after sections in +this Code have no legal effect and only indicate legislative history. +Editor\[aq]s notes, cross references and state law references that +appear in this Code after sections or subsections or that otherwise +appear in footnote form are provided for the convenience of the user of +the Code and have no legal effect. +.LP +(Prior Code, § 1-2; Code 1999, § 1-106) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances" -A "\c" \ + -- "Sec 1-107 Code Provisions As Continuance Of Existing Ordinances" +\& +.LP +The provisions appearing in this Code, insofar as they relate to the +same subject matter and are substantially the same as those ordinance +provisions previously adopted by the city and existing at the effective +date of this Code, shall be considered as restatements and continuations +thereof and not as new enactments. +.PP +(Code 1999, § 1-107) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit" -A "\c" \ + -- "Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of License Or Permit" +\& +.IP " 1." 4 +Whenever in this Code, in any ordinance of the city, or in any rule or +regulation promulgated pursuant to this Code, any act or failure to do a +required act is prohibited or is made or declared to be unlawful or an +offense or a misdemeanor, where no specific penalty is provided herein +or therefor, the violation of any such provision of this Code or any +ordinance or rule shall be punished by a fine not exceeding $500.00, +unless the penalty is limited by state law, in which case the violations +shall be punishable by not to exceed the maximum permitted by state law +or the amount declared by the city, whichever is greater. +Nothing in this section shall be deemed to impose a penalty upon city +officers or city employees for failure to perform an official duty +unless it is specifically provided that such failure shall be punished +as provided in this section. +.IP " 2." 4 +The following specific offenses, unless provided in this Code, shall be +punished by a fine not exceeding $500.00, or 30 days imprisonment, or +both such fine and imprisonment: +.br +.RS 4 +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(35.0n) lw(35.0n). +T{ +.nr LL 35.0n +Offense +.br +T} T{ +.nr LL 35.0n +Code Section +.br +T} +T{ +.nr LL 35.0n +Sales tax +.br +T} T{ +.nr LL 35.0n +7-316 +T} +T{ +.nr LL 35.0n +Hotel tax +.br +T} T{ +.nr LL 35.0n +7-525 +T} +T{ +.nr LL 35.0n +Eluding a police officer +.br +T} T{ +.nr LL 35.0n +10-608 +T} +T{ +.nr LL 35.0n +Battery on an officer +.br +T} T{ +.nr LL 35.0n +10-605 +T} +.TE +.nr LL \n[LLold] +.ad +.RE +.IP " 3." 4 +The following specific offenses, unless otherwise provided in this Code, +shall be punished by a fine not exceeding $800.00. +.br +The court shall remit $50.00 of each alcohol fine or deferral fee to a +fund of the city that shall be used to defray costs for enforcement of +laws relating to juvenile access to alcohol, other laws relating to +alcohol and other intoxicating substances, and traffic-related offenses +involving alcohol or other intoxicating substances. +.IP " 4." 4 +The suspension or revocation of any license, certificate or other +privilege conferred by the city shall not be regarded as a penalty for +the purposes of this Code but shall be in addition thereto. +.LP +(Prior Code, § 1-10; Code 1999, § 1-108; Ord. +No. +559(91), 6-17-1991; Ord. +No. +7(91), 12-16-1991; Ord. +No. +20(92), 4-6-1992; Ord. +No. +62(93), 10-4-1993; Ord. +No. +65(93), 11-15-1993; Ord. +No. +69(94), 1-3-1994; Ord. +No. +72(94), 1-3-1994; Ord. +No. +269(00), 1-18-2000; Ord. +No. +482(04), 10-18-2004; Ord. +No. +552(06), 9-5-2006) +.PP +\f[B]State Law reference\f[R]\[em] Penalty for ordinance violations, 11 +O.S. +§ 14-111 +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346633_Ordinance%20No.%20896%20(18).pdf" -A "\c" \ + -- "896(18)" +\& on 12/3/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense" -A "\c" \ + -- "Sec 1-109 Each Day Of Violation Of Code A Separate Offense" +\& +.LP +Except as otherwise provided: +.IP " 1." 4 +With respect to violations that are continuous with respect to time, +each day the violation continues is a separate offense. +.IP " 2." 4 +With respect to other violations, each violation constitutes separate +offense. +.LP +(Prior Code, § 1-10, in part; Code 1999, § 1-109) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing" -A "\c" \ + -- "Sec 1-110 Prohibited Acts Include Causing, Permitting, Concealing" +\& +.LP +Whenever in this Code any act or omission is made unlawful or +prohibited, it shall include causing, allowing, permitting, aiding, +abetting or concealing the fact of such act or omission. +.PP +(Code 1999, § 1-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances" -A "\c" \ + -- "Sec 1-111 Civil Relief From Violations Of Code Of Ordinances" +\& +.LP +No penalty imposed by or pursuant to section 1-108 or any other section +of this Code or other ordinance of the city shall interfere with the +right of the city to apply to the proper courts of the state for a writ +of mandamus, an injunction or other appropriate relief in the case of +violations of this Code or other ordinances. +.PP +(Code 1999, § 1-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability" -A "\c" \ + -- "Sec 1-112 Territorial Applicability" +\& +.LP +Except as provided otherwise, this Code refers only to the commission or +omission of acts within the territorial limits of the city and to that +territory outside the city over which the city has jurisdiction, +ownership or control by virtue of any constitutional or Charter +provision, or any law. +.PP +(Code 1999, § 1-112) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City" -A "\c" \ + -- "Sec 1-113 Ordinances In Effect In Outlying Territory Of City" +\& +.LP +All ordinances of the city now in effect within the city are hereby +extended to all real property belonging to, or under the control of, the +city outside the corporate limits of the city, and is in full effect +therein, insofar as they are applicable. +All ordinances of the city which shall go into effect in the future +shall also apply to, and be in full effect within, the boundaries of all +outlying real property, insofar as they may be applicable. +Any words in any ordinance indicating that the effect of an ordinance +provision is limited to the corporate limits of the city shall be deemed +to mean and include also the outlying real property belonging to, or +under the control of, the city, unless the context clearly indicates +otherwise. +.PP +(Prior Code, § 1-7; Code 1999, § 1-113) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal" -A "\c" \ + -- "Sec 1-114 Official Seal" +\& +.LP +The seal of the city shall be of circular form and shall have lettered +in the upper portion of its outer circumference the words \[dq]City of +Moore\[dq] and in the lower portion of its outer circumference the words +\[dq]Moore, Oklahoma.\[dq] The words \[dq]Corporate Seal\[dq] shall be +lettered within the inner circle of the seal. +The seal shall be the corporate seal of the city and shall be used for +the authentication of all documents required by law to be sealed with +the seal of the city. +.PP +(Prior Code, § 1-8; Code 1999, § 1-114) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code" -A "\c" \ + -- "Sec 1-115 Amendments To Code" +\& +.IP " 1." 4 +Amendments to any of the provisions of this Code shall be made by +amending such provisions by specific reference to the section number of +this Code in the following language: \[dq]That section _____ of the +Moore City Code is hereby amended to read as follow:\&....\[dq] The new +provisions shall then be set out in full as desired. +.IP " 2." 4 +In the event a new section not heretofore existing in the Code is to be +added, the following language shall be used: \[dq]That the Moore City +Code is hereby amended by adding a section, to be number _____, which +section reads as follows:\&....\[dq] The new section shall then be set +out in full as desired. +.LP +(Prior Code, § 1-11; Code 1999, § 1-115) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability" -A "\c" \ + -- "Sec 1-116 Code Severability" +\& +.LP +It is declared to be the intention of the council that the sections, +subsections, paragraphs, sentences, clauses and words of this Code are +severable. +If any section, subsection, paragraph, sentence, clause or word is +declared unconstitutional or otherwise invalid by the judgment or decree +of any court of competent jurisdiction, its unconstitutionality or +invalidity shall not affect the validity of any of the remaining +sections, subsections, paragraphs, sentences, clauses and words of this +Code, since the sections or parts of sections would have been enacted by +the council without and irrespective of any unconstitutional or +otherwise invalid section, subsection, paragraph, sentence, clause or +word being incorporated into this Code. +.PP +(Prior Code, § 1-13; Code 1999, § 1-116) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS" -A "\c" \ + -- "CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, BONDS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee" -A "\c" \ + -- "Sec 1-201 Acts By Deputy Or Designee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof" -A "\c" \ + -- "Sec 1-202 Notices; Service And Proof" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry" -A "\c" \ + -- "Sec 1-203 Inspections And Right Of Entry" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created" -A "\c" \ + -- "Sec 1-204 Schedule Of Fees And Charges Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created" -A "\c" \ + -- "Sec 1-205 Bonds, Schedule Created" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee" -A "\c" \ + -- "Sec 1-201 Acts By Deputy Or Designee" +\& +.LP +Whenever a power is granted to or a duty is imposed upon a public +officer or employee, the power may be performed by an authorized deputy +or designee or by any person authorized pursuant to law or ordinances, +unless this Code expressly provides otherwise. +.PP +(Code 1999, § 1-201) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof" -A "\c" \ + -- "Sec 1-202 Notices; Service And Proof" +\& +.IP " 1." 4 +Unless otherwise specifically provided in this Code or applicable law, +whenever a notice is required to be given pursuant to any section of +this Code, such notice shall be given either by personal delivery to the +person to be notified or by deposit in the United States mail in a +sealed envelope, postage prepaid, addressed to the person to be notified +at his last-known business or residence address as the same appears in +applicable city records or other records pertaining to the matter for +which such notice is served, or by any other method of delivery approved +by law. +Service by mail shall be deemed to have been completed at the time of +deposit in the post office or any United States mailbox. +.IP " 2." 4 +Unless otherwise specifically provided, proof of giving any notice may +be made by the certificate of any officer or employee of the city or by +affidavit of any person over the age of 18 years who actually +accomplished personal service in conformity with this Code or other +provisions of law applicable to the subject matter concerned, or by a +return receipt signed by the recipient notified by United States mail. +.LP +(Code 1999, § 1-202) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry" -A "\c" \ + -- "Sec 1-203 Inspections And Right Of Entry" +\& +.IP " 1." 4 +To enforce the provisions of this Code, the city manager or his designee +or any other person designated by this Code or otherwise shall have a +right of entry on premises for inspection purposes in the manner and to +the extent as may be authorized by applicable law. +This right of entry shall be a condition of any permit, license, grant +or any utility service with or provided by the city. +For the purpose of this section, inspection includes records and papers +on the premises or of the permittee, licensee, grantee or customer +relating to the permit, license, grant or service. +.IP " 2." 4 +Emergency inspections may be authorized if the city manager or his +designated representative has reason to believe that a condition exists +which poses an immediate threat to life, health or safety. +Such procedure shall take place in accordance with applicable law. +.IP " 3." 4 +Where the city manager or other designated representative is otherwise +impeded or prevented by the owner, occupant or operator from conducting +an inspection of the premises, such person shall be in violation of this +section. +.LP +(Code 1999, § 1-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created" -A "\c" \ + -- "Sec 1-204 Schedule Of Fees And Charges Created" +\& +.IP " 1." 4 +There is hereby created a schedule of fees and charges, which shall +contain those fees and charges for the various licenses, permits and +other fees and charges as designated by the council. +Where a fee or charge is authorized to be collected by the city in any +ordinance, the amount of the fee or charge shall be set by resolution or +motion and entered into the schedule of fees and charges. +The schedule shall be kept on file in the office of the clerk, to whom +all fees and charges shall be paid unless otherwise provided. +A copy may be obtained upon payment of a fee as set forth in the +schedule of fees and charges. +.IP " 2." 4 +The schedule of fees and charges hereby created shall also be known and +may be cited as the fee schedule. +.LP +(Code 1999, § 1-205) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created" -A "\c" \ + -- "Sec 1-205 Bonds, Schedule Created" +\& +.LP +There is hereby created a schedule of surety and other bonds required by +this Code which shall contain the amounts of those bonds as designated +by the council by resolution or motion. +The schedule shall be kept on file in the office of the clerk and may be +known and cited as the bond schedule. +.PP +(Code 1999, § 1-206) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS" -A "\c" \ + -- "CHAPTER 1-3 CORPORATE AND WARD LIMITS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City" -A "\c" \ + -- "Sec 1-301 Map Of The City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries" -A "\c" \ + -- "Sec 1-302 Ward Boundaries" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City" -A "\c" \ + -- "Sec 1-301 Map Of The City" +\& +.LP +The map of the city showing its territorial limits, as maintained in the +office of the city clerk, is hereby designated as the official map of +the city, and the corporate limits as shown thereon, and as amended, are +declared to be the true and correct corporate limits of the city, +including all annexations made to the city through and including the +date of September 30, 1990. +.PP +(Prior Code, § 1-14; Code 1999, § 1-301) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries" -A "\c" \ + -- "Sec 1-302 Ward Boundaries" +\& +.IP " 1." 4 +The three wards of the city shall consist of the following area, as +amended from time to time: +.RS 4 +.IP " 1." 4 +Ward One consists of all that land or area lying within the limits of +the city, and within the following described boundaries: the southwest +quarter of Section 28, the south half of Section 29, all of Sections 19 +and 30, the north half and the west half of the southeast quarter of +Section 31 , the north half, the southeast quarter, and the southeast +quarter of the southwest quarter of Section 32 , and the northwest +quarter of Section 33, all in Township 10 North, Range 2 West of the +Indian Meridian, Cleveland County, Oklahoma; and all of Section 13, all +of Section 14 lying south of Main Street and East of Broadway Street, +all of Section 23 lying east of Broadway Avenue, all of Sections 24 and +25, and 36, all in Township 10 North, Range 3 West of the Indian +Meridian, Cleveland County, Oklahoma. +.IP " 2." 4 +Ward Two consists of all that land or area lying within the limits of +the city, and within the following described boundaries: the west half +of the southeast quarter of Section 7, the southeast quarter of the +southeast quarter of Section 7, and all of Section 18, all in Township +10 North, Range 2 West of the Indian Meridian, Cleveland County, +Oklahoma; and the south half of Sections 1, 2 and 3, the southeast +quarter of Section 9, all of Sections 10, 11, and 12, the northeast +quarter of Section 16, that portion of Section 14 lying north of Main +Street and east of Interstate35 Street, all in Township 10 North, Range +3 West of the Indian Meridian, Cleveland County, Oklahoma. +.IP " 3." 4 +Ward Three consists of all that land or area lying within the limits of +the city, and within the following described boundaries: all of Section +14 lying south of Main Street and west of Broadway Avenue, , all of +Sections 15 and 22, all of Section 23 lying west of Broadway Avenue, all +of Sections 26 and 27, the east half of Section 28, the north half of +Section 34, and all of Section 35 lying west of Interstate 35, all in +Township 10 North, Range 3 West, of the Indian Meridian, Cleveland +County, Oklahoma. +.RE +.IP " 2." 4 +References to streets, avenues, highways, roads and rights-of-way in +subsection (A) of this section shall mean the centerlines thereof; and +reference to the boundary of the city limits shall mean the boundary or +limits of the city as it now exists or as it may hereafter exist. +.LP +(Prior Code, §§ 2-258, 2-259; Code 1999, § 1-302; Ord. +No. +13(92), 1-21-1992; Ord. +No. +347(02), 1-7-2002; Ord. +No. +708(11), 11-21-2011) +.PP +\f[B]State Law reference\f[R]\[em] Wards 11 O.S. +§ 20-101 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1000.22.pdf" -A "\c" \ + -- "1000.22" +\& on 3/7/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_2_ADMINISTRATION_AND_GOVERNMENT" -A "\c" \ + -- "PART 2 ADMINISTRATION AND GOVERNMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION" -A "\c" \ + -- "CHAPTER 2-1 GOVERNMENT ORGANIZATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS" -A "\c" \ + -- "CHAPTER 2-2 RETIREMENT AND PENSIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY" -A "\c" \ + -- "CHAPTER 2-3 CITY RECORDS AND PROPERTY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS" -A "\c" \ + -- "CHAPTER 2-4 CITY BOARDS AND COMMISSIONS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION" -A "\c" \ + -- "CHAPTER 2-1 GOVERNMENT ORGANIZATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government" -A "\c" \ + -- "Sec 2-101 Form Of Government" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council" -A "\c" \ + -- "Sec 2-102 Meetings Of The Council" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings" -A "\c" \ + -- "Sec 2-103 Citizen Participation In Council And Public Works Meetings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor" -A "\c" \ + -- "Sec 2-104 Mayor\[aq]s Powers And Duties, Vice-Mayor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties" -A "\c" \ + -- "Sec 2-105 City Manager Appointment By Council; Powers And Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties" -A "\c" \ + -- "Sec 2-106 City Clerk Appointment; Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties" -A "\c" \ + -- "Sec 2-107 City Treasurer Appointment; Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney" -A "\c" \ + -- "Sec 2-108 City Attorney" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies" -A "\c" \ + -- "Sec 2-109 Administrative Departments, Officers, And Agencies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees" -A "\c" \ + -- "Sec 2-110 Bonds For City Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees" -A "\c" \ + -- "Sec 2-111 Removal Of Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees" -A "\c" \ + -- "Sec 2-112 Compensation Of Officers And Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor" -A "\c" \ + -- "Sec 2-113 Books Delivered To Successor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination" -A "\c" \ + -- "Sec 2-114 Conduct Of Hearings For City Manager Termination" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program" -A "\c" \ + -- "Sec 2-115 Risk Management Program" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations" -A "\c" \ + -- "Sec 2-116 Personnel Regulations" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government" -A "\c" \ + -- "Sec 2-101 Form Of Government" +\& +.LP +The city is governed under the council-manager form of government. +All powers of the city shall be exercised in the manner prescribed by +the city Charter, by this Code, by state statute and in such manner +prescribed by ordinances adopted by the city council, only if not in +conflict with the city Charter. +.PP +(Code 1999, § 2-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council" -A "\c" \ + -- "Sec 2-102 Meetings Of The Council" +\& +.IP " 1." 4 +Regular meetings of the city council shall be held at 6:30 p.m. +on the first and third Monday of each month unless the Monday is a +holiday or a day formally recognized as a holiday by the city council. +Meetings that fall on a Monday which are a formal holiday shall be held +on the next business day thereafter, at the same times and specified +location. +.RS 4 +.IP " 1." 4 +No regular meeting of the city council shall continue past 10:00 p.m. +unless extended by a majority vote of the city council pursuant to the +guidelines set forth below. +Under no circumstances shall a regular meeting of the city council +extend past 12:00 midnight. +.IP " 2." 4 +Regular scheduled meetings of the city council may be continued past +10:00 p.m. +by majority vote of the city council under the following provisions: +.RS 4 +.IP " 1." 4 +To ensure that the city meets its financial obligations council may +extend a meeting to consider items on the \[dq]claims list\[dq] and +consent docket; +.IP " 2." 4 +A regularly scheduled meeting may be extended past 10:00 p.m. +to allow the city council to consider any agenda item which is of +critical importance to the operation of municipal government or is an +item which significantly affects the health, safety, and welfare of the +community. +To enable the city council to efficiently and properly conclude its +business after 10:00 p.m. +the council should consider only those items which are necessary, or +those items sponsored or requested by private individuals; +.IP " 3." 4 +Regular meetings of the city council which extend beyond the 10:00 p.m. +curfew may be recessed and reconvened to a date and time certain. +The recessed meeting should be reconvened within seven days following +the suspended meeting. +Only matters appearing on the agenda of the meeting which is continued +may be discussed at the reconvened meeting; +.IP " 4." 4 +Nothing in this policy shall prevent council from exercising other +aspects of Robert\[aq]s Rules of Order or any council policies or +procedures that may hereinafter be enacted in conducting its business. +(For example, council may vote to table any number of agenda items to +the following regularly scheduled meeting instead of having to hold a +reconvened or recessed meeting.) +.RE +.RE +.IP " 2." 4 +The mayor with the assistance of the city manager and city staff shall, +no later than five days prior to each regular council meeting of the +city council, prepare and deliver to each councilmember\[aq]s home +address, an agenda comprised of matters to be presented to, considered +by, discussed or resolved at or acted upon by the council at its next +regular meeting, and shall include thereon all matters of city business +to come before the council. +No matter shall be presented to or discussed at any meeting of the +council except matters so placed on the agenda and matters so +necessarily concerned or directly connected therewith. +Provided, an entirely new matter may be so presented, discussed and +acted upon in accordance with the provisions of the Oklahoma Open +Meeting Act (25 O.S. +§ 301 et seq.). +No claim shall be acted upon or allowed by the council unless it has +been listed within the agenda delivered to the council as prescribed +herein. +Payment of emergency claims, not included in the agenda, may be +submitted and paid upon six affirmative votes or a three-quarter +majority of the councilmembers present. +.IP " 3." 4 +The council may meet in executive or closed session as authorized by the +Oklahoma Open Meeting Act (25 O.S. +§ 301 et seq.). +.LP +(Prior Code, §§ 2-16\[em]2-19; Code 1999, § 2-102; Ord. +No. +56(93), 7-6-1993; Ord. +No. +94(94), 9-19-1994; Ord. +No. +107(94), 12-19-1994; Ord. +No. +126(95), 6-5-1995; Ord. +No. +132(95), 10-2-1995) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings" -A "\c" \ + -- "Sec 2-103 Citizen Participation In Council And Public Works Meetings" +\& +.IP " 1." 4 +It is the policy of the city that participation of residents of the city +and other interested persons be encouraged in the meetings of the city +council. +The rights of freedom of speech and to petition the city\[aq]s governing +bodies for redress of grievances shall not be abridged, and no +regulation of time, place or manner of such participation shall be +construed to regulate speech on the basis of content. +.IP " 2." 4 +There shall be no restriction on the rights of residents of the city to +verbally address the city council, nor upon the legal representatives of +such residents, except as follows: +.RS 4 +.IP " 1." 4 +Any resident or legal representative may speak on any agenda item or +upon any proper item of discussion permitted by the Oklahoma Open +Meeting Act for five minutes only. +The city council may call for the pending question with a two-thirds +majority of all members present and voting. +The city council may vote by a simple majority of all members present +and voting to end an item set for discussion only, in the event that the +city council determines that any further discussion would be cumulative; +.IP " 2." 4 +Nonresidents of the city and their legal representatives may speak for +five minutes only on any agenda item or upon any proper item of +discussion in which they are directly interested, or upon which proposed +action or discussion they would or may experience a legally recognized +harm, subject to the limitations on debate/discussion set forth in +subsection (B)(1) of this section; +.IP " 3." 4 +Time spent by councilmen who verbally respond to resident or nonresident +participants under this section shall not count against the five-minute +time limit; +.IP " 4." 4 +During new matters, emergency matters and discussion only items, the +five-minute time shall apply regardless of the number of issues the +speaker wishes to address. +Speaking time may not be loaned or shared; +.IP " 5." 4 +The city council, by a majority vote, may permit additional discussion +by technical experts, consultants and professionals who are in favor of +or opposed to any proposed action by the city council upon terms that +are neutral and which are in furtherance of open debate; +.IP " 6." 4 +Those who wish to be heard at city council meetings shall fill out a +\[dq]Request to be Heard\[dq] form for each agenda item to be discussed +or commented upon. +The form is to be adopted by order of the city manager or by resolution, +giving name, address and the agenda item the person wishes to comment +on. +Completed forms will be given to the city clerk or the assistant or +deputy thereof, prior to the beginning of each meeting. +Blank forms, sufficient in number, shall be available inside the city +council chambers prior to each meeting; +.IP " 7." 4 +Any person shall be permitted to submit written materials or documents +to the city council; +.IP " 8." 4 +This subsection (B) shall not apply to those officers, agents, servants +or employees of the city or the public works authority who have been +requested by the city manager, mayor or city council to speak on a +specific agenda item. +.RE +.IP " 3." 4 +No person, whether a city resident, nonresident, a legal representative +or otherwise, may, alone or in concert with others, willfully disturb, +disrupt or interfere with any meeting of the city council or the public +works authority by: +.RS 4 +.IP " 1." 4 +Engaging in violent, tumultuous or threatening behavior; +.IP " 2." 4 +Using abusive or obscene language or making an obscene gesture; +.IP " 3." 4 +Failure to yield the floor or podium when the speaker is requested to do +so by the presiding officer of the meeting pursuant to a lawful order, +such as in cases when the speaker\[aq]s time is expired, or the question +successfully called for the requisite number of councilmen; or +.IP " 4." 4 +Failure to state, when requested by the presiding officer of the +meeting, the speaker\[aq]s own name and address for the record of the +meeting. +.RE +.IP " 4." 4 +A digest stating in laymen\[aq]s terms the requirements for +participation in city council meetings shall be available to the public +prior to each city council meeting. +.IP " 5." 4 +Violation of this section shall be an offense, punishable as provided in +section 1-108. +.IP " 6." 4 +The provisions of this section shall be enforced by the senior city law +enforcement officer present at the meeting, including the public works +authority, with or without the direction of the presiding officer. +.LP +(Code 1999, § 2-103; Ord. +No. +450, 6-20-1988; Ord. +No. +55(93), 6-21-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor" -A "\c" \ + -- "Sec 2-104 Mayor\[aq]s Powers And Duties, Vice-Mayor" +\& +.LP +The mayor and vice-mayor shall have all the powers and duties prescribed +by the Charter, and state law, and as may be prescribed by ordinance +only if not in conflict with the Charter. +.PP +(Prior Code, §§ 2-51, 2-53, in part; Code 1999, § 2-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties" -A "\c" \ + -- "Sec 2-105 City Manager Appointment By Council; Powers And Duties" +\& +.LP +The city manager shall be appointed by the city council and shall be the +administrative officer and head the administrative branch of the city +government and shall exercise the powers and duties granted him by the +city Charter. +.PP +(Code 1999, § 2-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties" -A "\c" \ + -- "Sec 2-106 City Clerk Appointment; Duties" +\& +.IP " 1." 4 +The city clerk shall have the custody of the records, books and papers +of the city and shall perform all other duties pertaining to the office +as required by law. +.IP " 2." 4 +The clerk shall keep and preserve in his office the corporate seal of +the city, all records and public papers and documents of the city, not +belonging to any other officer. +He shall perform such other duties as may be imposed upon him by +ordinance or law. +.IP " 3." 4 +The city manager, or the city clerk when empowered by the city manager, +may designate some person as deputy clerk of the city and shall +prescribe the duties of such deputy clerk from time to time. +The deputy clerk shall perform all of the duties of the city clerk upon +the death, disability or resignation or illness of the clerk. +Such deputy clerk shall perform the duties only until the selection of a +successor to the clerk, or until return or recovery of the clerk. +The deputy clerk shall render such aid and assistance and perform such +duties in the conduct of the clerk\[aq]s office as may be required by +the clerk. +The deputy clerk shall take and subscribe to the oath and in all +respects qualify for such office in the same manner as the city clerk. +.LP +(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties" -A "\c" \ + -- "Sec 2-107 City Treasurer Appointment; Duties" +\& +.IP " 1." 4 +The city treasurer shall receive all monies due the city from any and +all sources, except as are received by other officers and by them paid +to the city treasurer, and pay out the same on order of the city +council, drawn, signed and attested in accordance with law. +.IP " 2." 4 +The treasurer shall keep his records in accordance with an accounting +system acceptable for governmental accounting and financial +recordkeeping. +.IP " 3." 4 +The treasurer shall deposit daily all funds coming into his hands for +the city in such depositories as the council may designate; and shall +disburse such funds in the manner provided by applicable laws or +ordinances. +He shall have such other powers, duties and functions as may be +prescribed by the Charter, by applicable law or by ordinance. +.LP +(Prior Code, §§ 2-106\[em]2-108, in part; Code 1999, § 2-107) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney" -A "\c" \ + -- "Sec 2-108 City Attorney" +\& +.IP " 1." 4 +The office of city attorney is created. +The attorney shall be a person licensed to practice law in the state, +appointed by the city manager. +.IP " 2." 4 +The city attorney shall advise the council and all city officers in the +performance of their duties. +He is authorized to appear, prosecute and defend all actions where the +city is a part. +He shall perform such other professional services as may be required of +him by the city manager or council, for such compensation as shall be +fixed by the city manager. +.IP " 3." 4 +The city attorney shall be entitled to engage in the private practice of +law to the extent that the same does not interfere with or conflict with +his duties as city attorney. +The attorney may be retained on a part-time or consulting basis as the +city manager determines. +.LP +(Prior Code, §§ 2-71\[em]2-73; Code 1999, § 2-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies" -A "\c" \ + -- "Sec 2-109 Administrative Departments, Officers, And Agencies" +\& +.LP +There shall be such administrative departments, officers, and agencies +as the council may establish. +.PP +(Code 1999, § 2-109) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees" -A "\c" \ + -- "Sec 2-110 Bonds For City Officers And Employees" +\& +.LP +The city manager, the clerk, the treasurer, the alternate treasurer and +such officers and employees as are designated by the city council shall, +before entering upon the discharge of their duties, execute and file +with the city clerk surety bonds issued by a surety company authorized +to operate in the state conditioned upon the faithful performance of +their duties. +The city shall pay the premium on such bonds. +.PP +(Prior Code, §§ 2-36, 18-18; Code 1999, § 2-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees" -A "\c" \ + -- "Sec 2-111 Removal Of Officers And Employees" +\& +.LP +Except in the case of the municipal judge, the power to lay off, +suspend, demote and remove accompanies the power to appoint or elect. +The city manager, the council or other appointing or electing authority +at any time may lay off, suspend, demote or remove any officer or +employee to whom he, the council or the other appointing or electing +authority respectively may appoint or elect a successor. +.PP +(Prior Code, § 2-37; Code 1999, § 2-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees" -A "\c" \ + -- "Sec 2-112 Compensation Of Officers And Employees" +\& +.LP +Compensation of officers and permanent employees of the city shall be +paid on the basis of annual salaries, on a schedule as specified by the +city council. +The compensation of the city manager shall be established by the city +council. +.PP +(Prior Code, § 2-38; Code 1999, § 2-112) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor" -A "\c" \ + -- "Sec 2-113 Books Delivered To Successor" +\& +.LP +All books, vouchers, monies or other property belonging to the +corporation in charge or possession of any officer of the same shall be +delivered to his successor when qualified. +.PP +(Prior Code, § 2-39; Code 1999, § 2-113) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination" -A "\c" \ + -- "Sec 2-114 Conduct Of Hearings For City Manager Termination" +\& +.IP " 1." 5 +This section applies to the procedures to be followed at the public +hearing afforded by section 3-1 of the city Charter. +.IP " 2." 5 +The municipal judge shall appear at the public hearing and preside at +the hearing. +He shall make all rulings regarding the admission of evidence and on +procedures and other rulings which he may deem reasonable and necessary +to conduct a fair public hearing. +He shall see that the city manager and the city council are afforded +procedural due process and to do all things necessary to conduct the +public hearing in a proper and orderly fashion. +.IP " 3." 5 +The municipal judge is hereby directed to employ an official court +reporter to appear at the public hearing and to administer the oath to +witnesses, take custody of exhibits and to report the entire public +hearing and to do all things necessary to preserve the entire public +hearing record. +.IP " 4." 5 +The city attorney or some other attorney that may be selected by a +majority of the city councilmen shall appear at the public hearing to +present evidence to support the reason as given for the termination of +the city manager at the public hearing. +.IP " 5." 5 +The city clerk shall issue all subpoenas for the compulsory attendance +of witnesses and the production of exhibits required by the city manager +or the attorney selected by the city council to present evidence of the +reasons to terminate the city manager. +The city clerk shall also appear and keep minutes of the public hearing. +.IP " 6." 5 +The chief of police of the city or a police officer of the department +chosen by the city manager or chosen by the attorney for either side and +at least two members of the city council shall, only after the receipt +of a request for a public hearing from the city manager, investigate any +and all matters or information that may be requested. +The requested information must clearly be relevant evidence and must +relate to a reason for termination. +Any information secured during the investigation shall not be released +except at the public hearing, but shall be released only to the party +requesting the investigation. +.IP " 7." 5 +The public hearing shall commence and be held at all times in the city +council chambers of the city or at such other place as may be determined +by the council, but may only be held within the corporate limits of the +city. +.IP " 8." 5 +The evidence to support the reasons to terminate the city manager shall +first be introduced. +The city manager may then present his evidence. +Each attorney may cross examine the other witnesses and both sides shall +have the right of rebuttal. +Any members of the city council may examine any offered exhibit or any +witness at any time and may present any relevant evidence that he may +have. +.IP " 9." 5 +The city manager shall file his request for a public hearing with the +city clerk and forward a copy thereof, along with the reasons for +termination, to the city attorney and mayor. +After receiving the request for public hearing, the mayor shall cause +the public hearing to commence within 20 days after receipt of the +request for public hearing. +The public hearing shall conclude within 30 days after the date of +commencement, unless extended by agreement of the parties. +At the public hearing, the rules of evidence used in administrative +hearings shall be used and adhered to and all procedures shall afford +both the council and the city manager a fair hearing and proper +procedural due process. +.IP " 10." 5 +City employees shall receive additional compensation for any overtime or +for extra duties not regularly performed as may be required at or in +preparation of the public hearing herein. +.IP " 11." 5 +At the conclusion of the public hearing, the council shall decide and +determine if the city manager shall be retained, terminated or +suspended. +No finding of facts, conclusions of law or any written reports, orders +or decision shall be filed. +.LP +(Code 1999, § 2-114; Ord. +No. +409, 7-21-1986) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program" -A "\c" \ + -- "Sec 2-115 Risk Management Program" +\& +.IP " 1." 4 +There is hereby established a risk management and risk reduction program +to be implemented by the city risk management board (\[dq]board\[dq]), +which board is established for this purpose by the public works +authority. +It is the policy of the city to provide for comprehensive risk +management and risk reduction through a self-insurance plan administered +by the board on behalf of the public works authority. +The city council explicitly delegates to the board the obligation to +defend city employees pursuant to the Governmental Tort Claims Act (51 +O.S. +§ 151 et seq.). +.IP " 2." 4 +All officers and employees of the city are hereby authorized to accept +appointments to, and to cooperate with, the board. +Such participation or cooperation shall be as provided for in the rules, +regulations or bylaws pertaining to the board insofar as such +participation or cooperation is not inconsistent with obligations +arising under this Code or city Charter. +.IP " 3." 4 +In addition to the delegation of certain duties of the city arising +under the Governmental Tort Claims Act (51 O.S. +§ 151 et seq.), the officers and employees of the city may be provided, +and may participate in, such other self-insurance programs which may be +established form time to time by the board, including, but not limited +to, medical, dental, vision, property, workers\[aq] compensation, +retirement, or disability coverages. +The city and the board may pay all or a portion of the costs for the +risk management and risk reduction program in accordance with the +applicable provisions of this Code as well as state and federal law. +In accordance with the requirements of the risk management and risk +reduction program the city, the public works authority or the board may +pay a portion or all of the costs of the risk management and risk +reduction program from any fund, and may deduct from the wages or salary +of any such officer or employee upon written authority signed by such +officer or employee for the payment of costs required under the program. +.IP " 4." 4 +To the extent that the board enacts and implements programs, rules, +regulations or bylaws which are inconsistent with the personnel rules of +the city with respect to workers\[aq] compensation, safety +administration or accident review, such duties and responsibilities +shall be deemed to be delegated to the board directly in connection with +the board\[aq]s responsibility for the administration of such coverages +and risk management concerns. +Any personnel rule inconsistent with a rule, regulation or bylaw of the +board shall be deemed to be amended to delete inconsistent provisions as +of the effective date of the action of the board. +.LP +(Code 1999, § 2-115; Ord. +No. +466, 10-3-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations" -A "\c" \ + -- "Sec 2-116 Personnel Regulations" +\& +.LP +The city council may adopt personnel rules and regulations and position +classification and pay plan and amend them from time to time. +A copy of the current city personnel rules and regulations and +classification and pay plan are on file in the office of the city clerk. +.PP +(Code 1999, § 2-116) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS" -A "\c" \ + -- "CHAPTER 2-2 RETIREMENT AND PENSIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY" -A "\c" \ + -- "ARTICLE 2-2A SOCIAL SECURITY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT SYSTEM" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2C POLICE PENSION AND RETIREMENT SYSTEM" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2D EMPLOYEES RETIREMENT SYSTEM" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY" -A "\c" \ + -- "ARTICLE 2-2A SOCIAL SECURITY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security" -A "\c" \ + -- "Sec 2-201 City Officers And Employees Under Federal Social Security" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security" -A "\c" \ + -- "Sec 2-201 City Officers And Employees Under Federal Social Security" +\& +.IP " 1." 4 +It is hereby declared to be the policy of the city to extend, at the +earliest date, to the employees and officials thereof, not excluded by +law or this section, and whether employed in connection with a +governmental or proprietary function, the benefits of the system of +federal old-age and survivors insurance as authorized by the federal +Social Security Act, and amendments thereto. +In pursuance of this policy, the city shall take such action as may be +required by applicable state or federal laws or regulations. +.IP " 2." 4 +The mayor is hereby authorized and directed to execute all necessary +agreements and amendments thereto with the state department of human +services as agent or agency, to secure coverage of employees and +officials as provided in subsection (A) of this section. +.IP " 3." 4 +Withholdings from salaries or wages of employees and officials for the +purpose provided in subsection (A) of this section are hereby authorized +to be made in the amounts and at such times as may be required by +applicable state or federal laws or regulations, and shall be paid over +to the state or federal agency designated by the laws or regulations. +.IP " 4." 4 +There shall be appropriated from available funds such amounts at such +times as may be required by applicable state or federal laws or +regulations for employer\[aq]s contributions, which shall be paid over +to the state or federal agency designated by said laws or regulations. +.IP " 5." 4 +The city shall keep such records and make such reports as may be +required by applicable state or federal laws or regulations. +.IP " 6." 4 +There is hereby excluded from this section any authority to make any +agreement with respect to any position or any employee or official now +covered or authorized to be covered by any other ordinance creating any +retirement system for any employee or official of the city. +.IP " 7." 4 +There is hereby excluded from this section any authority to make an +agreement with respect to any position or any employee or official, +compensation for which is on a fee basis, or any position or any +employee or official not authorized to be covered by applicable state or +federal laws or regulations. +.LP +(Prior Code, §§ 2-176\[em]2-181; Code 1999, § 2-201) +.PP +\f[B]State Law reference\f[R]\[em] Social security for public officers +and employees, 51 O.S. +§ 121 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT SYSTEM" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created" -A "\c" \ + -- "Sec 2-211 System Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ + -- "Sec 2-212 System To Be Operated In Accordance With Law" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created" -A "\c" \ + -- "Sec 2-211 System Created" +\& +.LP +There is hereby created, for the purpose of providing pension retirement +allowance and other benefits for firefighters of the city, a +firefighters pension and retirement system. +It is declared to be the official policy of the city to participate in +the pension system as provided by state law. +.PP +(Prior Code, § 9-36; Code 1999, § 2-211) +.PP +\f[B]State Law reference\f[R]\[em] Firefighter\[aq]s pension system, 11 +O.S. +§ 49-101 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ + -- "Sec 2-212 System To Be Operated In Accordance With Law" +\& +.IP " 1." 4 +The firefighters pension and retirement system as established by 11 O.S. +§ 49-100.1 et seq., is hereby adopted by reference. +.IP " 2." 4 +The local board of trustees of the firefighters pension and retirement +system, servicing the firefighters of the city, shall be constituted as +provided by state law and shall have the powers and duties prescribed +thereby. +.LP +(Prior Code, § 9-36, in part; Code 1999, § 2-212) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2C POLICE PENSION AND RETIREMENT SYSTEM" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created" -A "\c" \ + -- "Sec 2-221 System Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ + -- "Sec 2-222 System To Be Operated In Accordance With Law" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created" -A "\c" \ + -- "Sec 2-221 System Created" +\& +.LP +There is hereby created, for the purpose of providing pension retirement +allowance and other benefits for police officers of the city, a police +pension and retirement system. +It is declared to be the official policy of the city to participate in +the pension system as provided by state law. +.PP +(Prior Code, §§ 18-26\[em]18-33, in part; Code 1999, § 2-221) +.PP +\f[B]State Law reference\f[R]\[em] Police pension system, 11 O.S. +§ 50-100.1 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ + -- "Sec 2-222 System To Be Operated In Accordance With Law" +\& +.IP " 1." 4 +The police pension and retirement system as established by 11 O.S. +§ 50-100.1 et seq., is hereby adopted by reference. +.IP " 2." 4 +The local board of trustees of the police pension and retirement system, +servicing the police officers of the city, shall be constituted as +provided by state law and shall have the powers and duties prescribed +thereby. +.LP +(Prior Code, §§ 18-26\[em]18-37; Code 1999, § 2-222) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM" -A "\c" \ + -- "ARTICLE 2-2D EMPLOYEES RETIREMENT SYSTEM" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions" -A "\c" \ + -- "Sec 2-231 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date" -A "\c" \ + -- "Sec 2-232 Established; Effective Date" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument" -A "\c" \ + -- "Sec 2-233 Execution And Ratification Of System Instrument" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees" -A "\c" \ + -- "Sec 2-234 Board Of Trustees" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions" -A "\c" \ + -- "Sec 2-231 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]System\f[R] means the employees retirement system established by +this article. +.PP +\f[I]System instrument\f[R] means Exhibit A, as attached to the +ordinances adopting and amending and referred to in this article. +.PP +(Code 1999, § 2-231) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date" -A "\c" \ + -- "Sec 2-232 Established; Effective Date" +\& +.LP +For the purpose of encouraging continuity and meritorious service on the +part of city employees and thereby promoting public efficiency, there is +hereby authorized, created, established, approved and adopted, effective +upon the date established by the city council, the funded pension plan +designated \[dq]Municipal Employees Retirement System of the City of +Moore, Oklahoma,\[dq] and all amendments thereto, an executed +counterpart of which is marked \[dq]Exhibit A\[dq] and attached to and +made a part of the ordinances adopting the system, and all amendatory +ordinances, on file in the office of the city clerk. +.PP +(Code 1999, § 2-232) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument" -A "\c" \ + -- "Sec 2-233 Execution And Ratification Of System Instrument" +\& +.LP +The mayor and city clerk are hereby authorized and directed to execute +(in counterparts, each of which shall constitute an original) the system +instrument, and to do all other acts and things necessary, advisable and +proper to put the system and related trust into full force and effect, +and to make such changes therein as may be necessary to qualify the same +under sections 401(a) and 501(a) of the Internal Revenue Code of the +United States. +The counterpart attached to the ordinances adopting the system as +Exhibit A, and duly executed as aforesaid simultaneously with the +passage of the ordinances, is hereby ratified and confirmed in all +respects. +.PP +(Code 1999, § 2-233) +.PP +\f[B]State Law reference\f[R]\[em] Municipal employee retirement system, +11 O.S. +§ 48-101 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees" -A "\c" \ + -- "Sec 2-234 Board Of Trustees" +\& +.LP +For the purpose of administration of the system there is hereby +established a board of trustees, which shall be the members of the city +council as now existing or as from time to time duly elected or +appointed and constituted. +The powers and duties of the board of trustees shall be as set forth in +the system instrument. +.PP +(Code 1999, § 2-234) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY" -A "\c" \ + -- "CHAPTER 2-3 CITY RECORDS AND PROPERTY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS" -A "\c" \ + -- "ARTICLE 2-3A ACCESS TO CITY RECORDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY" -A "\c" \ + -- "ARTICLE 2-3B USE OF CITY PROPERTY" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS" -A "\c" \ + -- "ARTICLE 2-3A ACCESS TO CITY RECORDS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians" -A "\c" \ + -- "Sec 2-301 Appointment Of Official Custodians" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians" -A "\c" \ + -- "Sec 2-302 Designation Of Additional Record Custodians" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians" -A "\c" \ + -- "Sec 2-303 Duties Of Custodians" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians" -A "\c" \ + -- "Sec 2-304 Requests To Be Directed To Custodians" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open Public Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-306 Procedures Regarding Inspection Of Open Public Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-307 Procedures Regarding Copies Of Open Public Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection" -A "\c" \ + -- "Sec 2-308 No Fee For Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee" -A "\c" \ + -- "Sec 2-309 Copying Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction" -A "\c" \ + -- "Sec 2-310 Fee For Mechanical Reproduction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee" -A "\c" \ + -- "Sec 2-311 Search Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees" -A "\c" \ + -- "Sec 2-312 Prepayment Of Fees" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians" -A "\c" \ + -- "Sec 2-301 Appointment Of Official Custodians" +\& +.LP +The following city official is hereby appointed as official custodian +for purposes of the Oklahoma Open Records Act and is charged with +responsibility for compliance with that Act with respect to the +following listed public records: +.PP +City clerk: All public records kept and maintained in the city +clerk\[aq]s office and all other public records not provided for +elsewhere in this chapter. +.PP +(Code 1999, § 2-301) +.PP +\f[B]State Law reference\f[R]\[em] Open Records Act, 51 O.S. +§ 24A.1 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians" -A "\c" \ + -- "Sec 2-302 Designation Of Additional Record Custodians" +\& +.IP " 1." 4 +Each of the official custodians appointed in section 2-301 is hereby +authorized to designate any subordinate officers or employees to serve +as record custodian. +The record custodians shall have such duties and powers as are set out +in the Oklahoma Open Records Act (51 O.S. +§ 24A.1 et seq.). +.IP " 2." 4 +Whenever an official custodian shall appoint another person as a record +custodian, he shall notify the city clerk of such designation and the +city clerk shall maintain a register of all such designations. +.LP +(Code 1999, § 2-302) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians" -A "\c" \ + -- "Sec 2-303 Duties Of Custodians" +\& +.LP +All city officials and employees appointed or designated under this +article shall protect public records from damage and disorganization; +prevent excessive disruption of the essential functions of the city; +provide assistance and information upon request; ensure efficient and +timely action and response to all applications for inspection of public +records; and carry out the procedures adopted by the city for inspecting +and copying open public records. +.PP +(Code 1999, § 2-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians" -A "\c" \ + -- "Sec 2-304 Requests To Be Directed To Custodians" +\& +.IP " 1." 4 +All members of the public, in seeking access to, or copies of, a public +record in accordance with the provisions of the Oklahoma Open Records +Act, shall address their requests to the custodian charged with +responsibility for the maintenance of the record sought to be inspected +or copied. +.IP " 2." 4 +Whenever any city official or employee appointed or designated as a +custodian under this article is presented with a request for access to, +or copy of, a public record which record the custodian does not have in +his possession and which he has not been given responsibility to keep +and maintain, the custodian shall so advise the person requesting the +record. +The person making the request shall be informed as to which custodian +the request should be addressed to, if such is known by the custodian +receiving the request. +.LP +(Code 1999, § 2-304) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open Public Records" +\& +.LP +The following procedures are hereby adopted and shall be applied by each +official custodian and record custodian: +.IP " 1." 5 +Consistent with the policy, duties and procedures established by the +Oklahoma Open Records Act, record custodians shall provide full access +and assistance in a timely and efficient manner to persons who request +access to open public records; +.IP " 2." 5 +Record custodians shall protect the integrity and organization of public +records with respect to the manner in which such records are inspected +and copied; +.IP " 3." 5 +Record custodians may prevent excessive disruptions of essential +functions and provide the record at the earliest possible time; +.IP " 4." 5 +All inspections and copying of open public records shall be performed +by, or under the supervision of, the record custodian responsible for +such records; +.IP " 5." 5 +All persons requesting the inspection of or a copy of open public +records shall make such request in writing prior to the request being +honored, except that no form shall be required for requests made for +records which have been reproduced for free public distribution; +.IP " 6." 5 +All record inspection and copying forms are to be completed by the +person requesting the record. +The record custodian may demand reasonable identification of any person +requesting a record; +.IP " 7." 5 +Any fees for record inspection or for copies are due at the time the +records, or copies thereof, are provided to the requester, unless the +record custodian has demanded that prepayment of all or part of such +fees be made. +Fees are to be paid to the record custodian or city clerk; +.IP " 8." 5 +The record custodian or city clerk shall demand full or partial +prepayment of fees whenever the estimate for such fees exceeds the +amount set out in section 2-312; +.IP " 9." 5 +No record search or copying fee shall be assessed against officers or +employees of the city who make requests which are reasonably necessary +to the performance of their official duties; +.IP " 10." 5 +Hours for making requests for inspection or copying shall be all regular +working hours for each day the office maintains regular office hours; +.IP " 11." 5 +Removal of open public records from the office where kept and +maintained, for purposes of inspection or the making of copies, shall +not be permitted; and +.IP " 12." 5 +The above procedures, as well as any other inspection and copying +procedures, shall be posted in a conspicuous place in the office of the +record custodian. +.LP +(Code 1999, § 2-305) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-306 Procedures Regarding Inspection Of Open Public Records" +\& +.LP +The following procedures are hereby adopted and shall be applied by +every official custodian and record custodian: +.IP " 1." 4 +Record custodians shall handle all inspection requests in accordance +with their duties to protect and preserve public records and to assist +persons requesting inspection of open public records; +.IP " 2." 4 +All request forms must be completed by the party requesting the record. +In all cases, the party so requesting must sign his individual name to +the form. +Written requests shall be made on the form provided by the record +custodian and presented to the record custodian; +.IP " 3." 4 +A written request is sufficient if it reasonably describes the record +sought. +In instances where the requester cannot provide sufficient information +to identify a record, the custodian shall assist in making such +identification; and +.IP " 4." 4 +The record custodian shall, upon making a denial of an inspection +request, forward a copy of the denial to the city manager. +.LP +(Code 1999, § 2-306) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records" -A "\c" \ + -- "Sec 2-307 Procedures Regarding Copies Of Open Public Records" +\& +.LP +The following procedures apply regarding copies of records: +.IP " 1." 4 +Record custodians shall handle all copy requests in accordance with +their duties to protect and preserve public records and to assist +persons requesting copies of open public records; +.IP " 2." 4 +All request forms must be completed by the party requesting the copies. +In all cases, the party so requesting must sign his individual name to +the form. +Written requests shall be made on the form provided by the record +custodian; +.IP " 3." 4 +Mechanical reproduction of a record shall not be undertaken when it is +the judgment of the record custodian that any available means of +mechanically reproducing the subject record is likely to cause damage to +such records; and +.IP " 4." 4 +No copy fee shall be assessed when multiple copies of the record +requested have been prepared for free public distribution, or when the +record custodian determines that the cost of charging and handling the +fee exceeds the cost of providing a copy without charge. +.LP +(Code 1999, § 2-307) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection" -A "\c" \ + -- "Sec 2-308 No Fee For Inspection" +\& +.LP +Where a request has been made for the inspection of an open public +record, no fee shall be charged. +.PP +(Code 1999, § 2-308) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee" -A "\c" \ + -- "Sec 2-309 Copying Fee" +\& +.LP +A fee per page as set by the council by motion or resolution shall be +charged for photocopying an open public record, such fee to cover the +cost of labor, materials and equipment. +.PP +(Code 1999, § 2-309) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction" -A "\c" \ + -- "Sec 2-310 Fee For Mechanical Reproduction" +\& +.LP +For copying any open public record which cannot be reproduced by +photocopying, such as a computer printout or a blueprint, the requester +shall be charged the actual cost to the city, including the cost of +labor, materials and equipment. +.PP +(Code 1999, § 2-310) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee" -A "\c" \ + -- "Sec 2-311 Search Fee" +\& +.LP +A search fee shall be charged a requester who is using the record solely +for a commercial purpose. +Such fee shall be the actual cost to the city of producing the record, +including the cost of labor, materials and equipment. +.PP +(Code 1999, § 2-311) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees" -A "\c" \ + -- "Sec 2-312 Prepayment Of Fees" +\& +.LP +A record custodian may demand prepayment of a fee whenever the estimated +amount exceeds $20.00. +The prepayment amount shall be an estimate of the cost of copying, +mechanical reproduction or searching for the record. +Any overage or underage in the prepayment amount shall be settled prior +to producing the requested record or delivering the copy or mechanical +reproduction of the record. +.PP +(Code 1999, § 2-312) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY" -A "\c" \ + -- "ARTICLE 2-3B USE OF CITY PROPERTY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions" -A "\c" \ + -- "Sec 2-321 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery" -A "\c" \ + -- "Sec 2-322 Unauthorized Use Of City Or Department Stationery" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment" -A "\c" \ + -- "Sec 2-323 Unauthorized Use Of City Equipment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data" -A "\c" \ + -- "Sec 2-324 Theft From City By Altering Computer Data" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer" -A "\c" \ + -- "Sec 2-325 Unauthorized Entry Into City\[aq]s Computer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters" -A "\c" \ + -- "Sec 2-326 Unauthorized Use Of Postage Meters" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty" -A "\c" \ + -- "Sec 2-327 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions" -A "\c" \ + -- "Sec 2-321 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Computer\f[R] means any electronic device used for storing +information and supplying information. +Unless the context indicates a limited meaning is intended, the term +\[dq]computer\[dq] shall include not only the device enclosed in a +casing but also all cards, tapes, disks and other devices used to store +or retrieve information, and all hardware and software. +The term \[dq]computer\[dq] shall also include a computer system. +.PP +\f[I]Computer program\f[R] means any set of instructions intended to +cause a computer to perform a particular operation or service of +operations. +A computer program may be in written form or electronic form. +.PP +\f[I]Employee\f[R] means an employee of the city or an employee of any +public trust of which the city is a beneficiary. +.PP +\f[I]Official\f[R] means any person elected to serve on the city +council, or any person appointed to serve on a board, commission or +public trust wherein the city is a beneficiary. +.PP +\f[I]Person\f[R] means any person, firm or corporation, except that +provisions of imprisonment for punishment for violation of this article +shall apply to natural persons only. +.PP +\f[I]Stationery\f[R] means any paper, letter, form or envelope bearing +writing, markings, or symbols identifying the city, the city public +works authority or any department thereof as the originator. +.PP +\f[I]Trust\f[R] means the city public works authority or any other +public trust of which the city is a beneficiary. +.PP +(Code 1999, § 2-321; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery" -A "\c" \ + -- "Sec 2-322 Unauthorized Use Of City Or Department Stationery" +\& +.LP +No elected official, city employee, private citizen, corporation, +employee or official of a public trust of which the city is a +beneficiary shall use city, trust or department stationery for personal +correspondence or private use, nor shall such stationery be used to +promote any private or public purpose without the authority of the city +council, public trust, or city manager acting within their official +duties. +.PP +(Code 1999, § 2-322; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment" -A "\c" \ + -- "Sec 2-323 Unauthorized Use Of City Equipment" +\& +.LP +No official or employee shall request, use or permit the use of any +publicly owned or publicly supported property, vehicle, equipment, labor +or service for the personal convenience or the private advantage of +himself or any other person. +This provision shall not be deemed to prohibit an official or employee +from requesting, using or permitting the use of such publicly owned or +publicly supported property, vehicle, equipment, material, labor or +service which is the general practice to make available to the public at +large or which is provided as a matter of stated public policy for the +use of officials and employees in the conduct of official business. +.PP +(Code 1999, § 2-323; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data" -A "\c" \ + -- "Sec 2-324 Theft From City By Altering Computer Data" +\& +.LP +No person, official or employee shall knowingly alter any data stored or +intended to be stored on any computer or stored on any card, tape, disk, +or other item used with a computer, where such alteration results in any +person or account receiving a credit to which the person or account is +not entitled. +No person, official or employee shall knowingly alter any data stored or +intended to be stored on any computer or stored on any card, tape, disk +or other item used with a computer, where such alteration results in a +falsified reduction or increase in a debt owed by any person, firm or +corporation. +.PP +(Code 1999, § 2-324; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer" -A "\c" \ + -- "Sec 2-325 Unauthorized Entry Into City\[aq]s Computer" +\& +.LP +No unauthorized person shall obtain access by direct access, telephone +connection, or other electronic means to any computer operated by the +city or public trust of which the city is a beneficiary, or on behalf of +the city, or to any computer software or computer equipment operated by +the city or trust or on behalf of the city. +As used in this section, the term \[dq]unauthorized person\[dq] shall +mean any person, whether a city or trust officer or employee or a member +of the public, not assigned to do work involving such access to the +computer. +Any other person entitled to information that is stored in a computer +may obtain such information by requesting the same, whereupon a person +authorized by the city to have access to the computer shall obtain the +information, and deliver the same orally or by exhibiting a visual +display. +Any such information shall be delivered in writing at the request of the +person entitled thereto. +.PP +(Code 1999, § 2-325; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters" -A "\c" \ + -- "Sec 2-326 Unauthorized Use Of Postage Meters" +\& +.LP +It is prohibited and declared to be a punishable offense for any person, +without lawful authority, to use a postage meter that is owned, +operated, or has been installed by the city or any public trust of which +the city is a beneficiary, for his own personal use or the use of any +person not entitled thereto. +Each city department or trust entity which has installed a postage meter +machine shall place notice in the location where the machine is located +that: +.IP " 1." 4 +The mail carried by such postage is the official city mail; and +.IP " 2." 4 +There is a penalty of the unlawful use of such postage meter for private +purposes. +.LP +(Code 1999, § 2-326; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty" -A "\c" \ + -- "Sec 2-327 Penalty" +\& +.LP +Any person, official, employee, firm or corporation violating any +provision in this article shall, upon conviction, be punished as +provided in section 1-108. +In addition to any criminal penalty imposed, any employee of the city or +trust shall, upon conviction, forfeit their office or position. +.PP +(Code 1999, § 2-327; Ord. +No. +49(93), 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS" -A "\c" \ + -- "CHAPTER 2-4 CITY BOARDS AND COMMISSIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement" -A "\c" \ + -- "Sec 2-411 Personnel Board, Membership, Temporary Replacement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position" -A "\c" \ + -- "Sec 2-412 Procedure For Filling A Temporary Position" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement" -A "\c" \ + -- "Sec 2-411 Personnel Board, Membership, Temporary Replacement" +\& +.LP +The city Charter establishes the personnel board and requires three +members appointed by the council for overlapping six-year terms. +It is anticipated that, on occasion, an appointed member of the +personnel board may need to recuse or remove himself from a particular +hearing because of a conflict of interest. +When such occasion arises, the council may appoint a temporary +replacement to ensure that there are three non-biased members to hear +all cases. +The temporary replacement shall be only for a particular case and should +be a person who demonstrates the requisite impartiality toward the issue +to be decided. +Council may consider selecting and employing a person from a public or +private agency which offers such services. +.PP +(Code 1999, § 2-411; Ord. +No. +15(92), 3-2-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position" -A "\c" \ + -- "Sec 2-412 Procedure For Filling A Temporary Position" +\& +.LP +Upon receipt of notice from a member of the personnel board that a +conflict may exist in any pending personnel board matter, the city clerk +shall promptly notify the mayor and city manager who shall, at the next +immediate council meeting or at a special council meeting called for +such purpose, cause an item to be placed on the meeting agenda +requesting that council appoint a temporary replacement to the personnel +board. +.PP +(Code 1999, § 2-412; Ord. +No. +15(92), 3-2-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_3_ALCOHOLIC_BEVERAGES" -A "\c" \ + -- "PART 3 ALCOHOLIC BEVERAGES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES" -A "\c" \ + -- "CHAPTER 3-1 ALCOHOLIC BEVERAGES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER" -A "\c" \ + -- "CHAPTER 3-2 LOW-POINT BEER" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES" -A "\c" \ + -- "CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Alcoholic beverages and low-point +beer, 37 O.S. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES" -A "\c" \ + -- "CHAPTER 3-1 ALCOHOLIC BEVERAGES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions" -A "\c" \ + -- "Sec 3-101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax" -A "\c" \ + -- "Sec 3-102 Amount Of Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance" -A "\c" \ + -- "Sec 3-103 Application For Certificate Of Zoning And Code Compliance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required" -A "\c" \ + -- "Sec 3-104 Manufacture And Sale; State License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited" -A "\c" \ + -- "Sec 3-105 Keeping Or Maintaining Place In Violation Of Law Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception" -A "\c" \ + -- "Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; Exception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises" -A "\c" \ + -- "Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons Prohibited; Minors On Premises" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited" -A "\c" \ + -- "Sec 3-108 Employment Of Minors Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited" -A "\c" \ + -- "Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age" -A "\c" \ + -- "Sec 3-110 Misrepresentation Of Age" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments" -A "\c" \ + -- "Sec 3-111 Sale In Containers, From Licensed Establishments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit" -A "\c" \ + -- "Sec 3-112 Sales On Credit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity" -A "\c" \ + -- "Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, Nudity" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places" -A "\c" \ + -- "Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public Places" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions" -A "\c" \ + -- "Sec 3-115 Location Of Retail Package Store And Mixed Beverage Establishments; Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation" -A "\c" \ + -- "Sec 3-116 Hours Of Operation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days" -A "\c" \ + -- "Sec 3-117 Sale Or Delivery Prohibited On Certain Days" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Oklahoma Alcoholic Beverage Control +Act, 37 O.S. +§ 501 et seq.; city powers generally as to alcoholic beverages, 37 O.S. +§ 503. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions" -A "\c" \ + -- "Sec 3-101 Definitions" +\& +.IP " 1." 4 +Definition of terms used in this chapter shall be in conformity with +those provided in 37A O.S. +§ 1-103. +.IP " 2." 4 +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +.br +\f[I]Beer and wine license\f[R] means a license for the retail sale of +beer containing more than 3.2 percent of alcohol by weight and wine +which means and includes any beverage containing more than one-half of +one percent of alcohol by volume and not more than 24 percent alcohol by +volume. +.br +.br +\f[I]Caterer license\f[R] authorizes the licensee, whose business is to +provide food, supplies, and services at a social gathering, to sell +mixed beverages for on-premises consumption incidental to the sale or +distribution of food. +.br +.br +\f[I]Complimentary beverage license\f[R] authorizes the licensee to +provide, free of charge for on premises consumption only, no more than +two alcoholic beverages containing spirits, 12 ounces of wine, or 24 +ounces of beer per day to a guest or client who is 21 years of age or +older. +This license shall only be issued to businesses which involve retail +sales or provide services to its clients including, but not limited to, +furniture stores, art studios, nail salons, hair salons, cigar stores, +clothing stores, bridal shops or business support services. +.br +.br +\f[I]Mixed beverage club\f[R] means any establishment in a county which +has authorized the retail sale of alcoholic beverages by the individual +drink to be one or more servings of a beverage composed in whole or part +of an alcoholic beverage in a sealed or unsealed container of any legal +size for consumption on the premises where served or sold by the holder +of a mixed beverage caterer or special event license; it includes any +association, person, firm or corporation key club, bottle club, locker +club, excluding the general public from its premises or place of meeting +or congregating or operating or exercising control over any other place +where persons are permitted to drink alcoholic beverages other than in a +private home. +.br +.br +\f[I]Mixed beverage license\f[R] authorizes the licensee to purchase +alcoholic beverages in retail containers from the holder of a wholesaler +or Class B wholesaler licensee and to sell, offer for sale and possess +mixed beverages as well as beer and/or wine for on-premises consumption +only. +.br +.br +\f[I]Special event license\f[R] authorizes the licensee to sell and +distribute alcoholic beverages for consumption on the premises for which +the license has been issued for a period not to exceed the number of +days permitted by applicable ABLE license of the licensee. +.LP +(Prior Code, § 3-2; Code 1999, § 3-101) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333161_Ordinance%20No.%20844%20(17).pdf" -A "\c" \ + -- "844(17)" +\& on 1/17/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347030_Ordinance%20No.%20903%20(19).pdf" -A "\c" \ + -- "903(19)" +\& on 4/15/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288008_Ordinance%20915(19).pdf" -A "\c" \ + -- "915(19)" +\& on 6/3/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax" -A "\c" \ + -- "Sec 3-102 Amount Of Tax" +\& +.IP " 1." 5 +There is hereby levied and assessed an annual occupation tax on every +business or occupation relating to alcoholic beverages as specifically +enumerated herein and pursuant to the provisions of 37 O.S. +§ 554.1 in the amount as set by the city council by motion or +resolution. +.IP " 2." 5 +The occupation tax for a brewer and a Class B wholesaler shall be +reduced by 75 percent if the brewer or Class B wholesaler is also the +holder of a license from the state to manufacture or wholesale any +low-point beer as provided in 37 O.S. +§ 518. +.IP " 3." 5 +The occupation tax levied herein shall be paid in advance to the city +clerk who shall issue a receipt therefor. +.IP " 4." 5 +The occupation tax levied herein shall expire on June 30 annually. +The amount of any occupation tax levied shall be computed pro rata upon +the months remaining in the year ending June 30 following. +Such taxes paid on or before the 15th day of any month shall be on the +basis of the first day of the month, and such taxes paid after the 15th +day of the month shall be on the basis of the first day of the next +succeeding month. +.IP " 5." 5 +Any state licensee carrying on his occupation in more than one location +in the corporate limits of the city shall be subject to the tax +hereinabove specified for each location. +.IP " 6." 5 +The occupation taxes prescribed herein shall be reduced to the extent +necessary to conform to applicable state law reducing the state license +fee to such person, but only to such extent as may be required to +conform to applicable state law, it being the intention that this +chapter shall levy the maximum tax allowable for the occupations on +which there is hereby levied an occupation tax. +.IP " 7." 5 +Upon payment of the occupation tax, the city clerk shall issue a +receipt, signed by the city clerk, to the state licensee paying such +occupational tax. +The city clerk shall also record the name of the licensee and the +address where the licensee engages in his occupation. +Such record shall be duly filed and kept in the permanent files of the +city for at least five years. +Thereafter, upon resolution by the council, it may be destroyed. +.IP " 8." 5 +Any state licensee shall post his tax receipt in a conspicuous place on +the premises wherein he carries on his occupation. +.IP " 9." 5 +The occupation tax shall cover only the person paying the tax and no +other or a successor thereof, and shall not be refundable. +.IP " 10." 5 +The city clerk shall make and transmit to the alcoholic beverage laws +enforcement (\[dq]ABLE\[dq]) commission an annual report showing the +number and class of licenses subject to the tax and the amount of money +received therefrom. +.IP " 11." 5 +All sums due from any person by reason of occupation taxes imposed by +this chapter and all penalties accruing from such person by reason of +failure to pay such tax shall be recoverable at the suit of the city, +brought against such person in any court of competent jurisdiction. +In any suit, in addition to the tax and penalties, the plaintiff shall +recover interest, at the rate of ten percent per annum, upon all sums +due by way of tax and penalty from the date of accrual thereof, and all +costs of collection, judicial or otherwise, including reasonable +attorney\[aq]s fees, all to be determined by the court. +Prosecution for an offense against the city, arising out of the failure +to pay a tax levied by this chapter, regardless of the outcome thereof +or its continued pendency, shall not constitute a defense or bar in any +manner to the collection of the tax and penalties, if any are due, as +herein provided. +.LP +(Prior Code, §§ 3-38, 3-39, 3-41, 3-45; Code 1999, § 3-102) +.PP +\f[B]State Law reference\f[R]\[em] State license fee amounts, 37 O.S. +§ 518. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance" -A "\c" \ + -- "Sec 3-103 Application For Certificate Of Zoning And Code Compliance" +\& +.IP " 1." 4 +Every applicant for a certificate of compliance with the zoning, fire, +health and safety codes of the city required by 37 O.S. +shall apply at the office of the city clerk by: +.RS 4 +.IP " 1." 4 +Filing a written application on forms prescribed by that office; and +.IP " 2." 4 +Paying a verification and certification fee in the amount as set by the +council at the time of filing. +.RE +.IP " 2." 4 +Upon receipt of an application for a certificate of compliance, the city +clerk shall cause an investigation to be made to determine whether the +premises proposed for licensed operations comply with the provisions of +the zoning ordinance and any health, fire, building or other safety +codes applicable to it. +.IP " 3." 4 +Upon finding that the premises of an applicant for a certificate is in +compliance with all applicable zoning ordinances, a certificate of +zoning shall be issued by the ABLE commission. +.IP " 4." 4 +Upon finding that the premises of an applicant for a certificate is in +compliance with all applicable fire, safety and health codes, a +certificate of compliance shall be issued by the ABLE commission. +.IP " 5." 4 +The above certificates of compliance shall be signed by the mayor or by +the city clerk or deputy city clerk. +.LP +(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required" -A "\c" \ + -- "Sec 3-104 Manufacture And Sale; State License Required" +\& +.LP +No person shall produce, manufacture or sell any alcoholic beverages, or +rectify any beverage, without having in his possession a valid license +issued by the ABLE commission. +.PP +(Prior Code, § 3-3; Code 1999, § 3-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited" -A "\c" \ + -- "Sec 3-105 Keeping Or Maintaining Place In Violation Of Law Prohibited" +\& +.LP +No person shall keep or maintain, or aid, assist or abet in keeping or +maintaining, a place where alcoholic beverages are possessed, +manufactured, sold, bartered or given away in violation of any of the +provisions of this chapter or any public place where persons are +permitted to resort for the purpose of drinking alcoholic beverages. +.PP +(Prior Code, § 3-6; Code 1999, § 3-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception" -A "\c" \ + -- "Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; Exception" +\& +.IP " 1." 4 +No person shall knowingly transport alcoholic beverages in any vehicle +upon any public highway, street or alley unless in the original +container which is unopened, the seal unbroken and the original cap in +place. +.IP " 2." 4 +Subsection (A) of this section shall not apply if the opened container +is in the rear trunk or compartment or the spare tire compartment in a +vehicle commonly known as a station wagon or panel truck, or in any +outside compartment which is inaccessible to the driver or any passenger +while the vehicle is in motion. +.LP +(Prior Code, § 3-17; Code 1999, § 3-106) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 537. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises" -A "\c" \ + -- "Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons Prohibited; Minors On Premises" +\& +.IP " 1." 4 +No person shall: +.RS 4 +.IP " 1." 4 +Knowingly sell, furnish or give any alcoholic beverage to any person who +is under the age of 21 years, or sell, furnish or give any alcoholic +beverages to any person who is insane, mentally deficient or +intoxicated; +.IP " 2." 4 +If he is under the age of 21 years, enter, be or remain on the premises +of a retail package store, or allow such a person to be, enter or remain +in the store. + +.RE +.IP " 2." 4 +.IP " 1." 4 +If the premises of a licensee of the alcoholic beverage laws enforcement +(ABLE) commission contains a separate or enclosed lounge or bar area, +which has as its main purpose the sale or distribution of alcoholic +beverages for on-premises consumption, notwithstanding that as an +incidental service, meals or short order foods are made available +therein, no person under 21 years of age shall be admitted to such area, +except for members of a musical band employed or hired as provided +section 3-108 when the band is to perform within such area, or persons +under 21 years of age who are on the licensed premises for the limited +purpose of performing maintenance, construction, remodeling, painting or +other similar services relating to the building or equipment +installation, repair or maintenance on the premises during those hours +when the licensed establishment is closed for business. +The provisions of this section shall not prohibit persons under 21 years +of age from being admitted to an area which has as its main purpose some +objective other than the sale or mixing or serving of said beverages, in +which sales or serving of said beverages are incidental to the main +purpose, as long as the persons under 21 years of age are not sold or +served alcoholic beverages. +The incidental service of food in the bar area shall not exempt a +licensee from the provisions of this section. +The ABLE commission shall have the authority to designate the portions +of the premises of a licensee where persons under 21 years of age shall +not be admitted pursuant to this section. +When determining a licensee\[aq]s main purpose, low-point beer sales +shall be counted separately, and it shall not be considered a food or an +alcoholic beverage. +.IP " 2." 4 +A new licensee that claims as its main purpose some objective other than +the sale of alcoholic beverages may be granted a separate or enclosed +lounge or bar area for a period of 90 days. +At the end of that 90-day period, the licensee shall have the burden of +showing that the business continues to qualify for a separate or +enclosed bar area. +If the licensee fails to satisfy this burden, then that licensee\[aq]s +main purpose shall automatically convert to the sale of alcoholic +beverages. +.IP " 3." 4 +Except as otherwise provided, an admission charge shall not be +considered in any calculation designed to determine the main purpose of +an establishment pursuant to subsection (B) of this section. +As used in this section, the term \[dq]admission charge\[dq] means any +form of consideration received by an establishment from a person in +order for that person to gain entrance into the establishment. +.IP " 4." 4 +The provisions of subsection (C) of this section shall not apply: +.RS 4 +.IP " 1." 4 +If only persons 18 years of age or older are permitted to enter the +licensed premises; provided, however, if the licensee is claiming an +exception from the requirements of subsection (C) of this section +pursuant to this subsection and fails to restrict the entry by persons +under age 18 into the licensed premises, the ABLE commission shall +designate that only persons 21 years of age or older are allowed on the +licensed premises; +.IP " 2." 4 +If the licensed premises are owned or operated by a service organization +or fraternal establishment which is exempt under section 501(c)(19), +(8), or (10) of the Internal Revenue Code; or +.IP " 3." 4 +To a public event held in a facility owned or operated by any agency, +political subdivision or public trust of the state. +.RE +.LP +(Code 1999, § 3-107) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§§ 537(A)1, (A)2, 598. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited" -A "\c" \ + -- "Sec 3-108 Employment Of Minors Prohibited" +\& +.LP +No licensee of the ABLE commission shall employ any person under the age +of 21 in the selling or handling of alcoholic beverages, provided that a +mixed beverage, beer and wine, caterer, public event, special event or +bottle club licensee may employ servers who are at least 18 years of +age, except persons under 21 years of age may not serve in designated +bar or lounge areas, and a mixed beverage, beer and wine, caterer, +public event, special event or bottle club licensee may employ or hire +musical bands who have musicians who are under 21 years of age if each +such musician is either accompanied by a parent or legal guardian or has +on their person, to be made available for inspection upon demand by any +ABLE commission officer or law enforcement officer, a written, notarized +affidavit from the parent or legal guardian giving the underage musician +permission to perform in designated bar or lounge areas. +.PP +(Prior Code, § 3-18; Code 1999, § 3-108) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 537(B)(2). +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited" -A "\c" \ + -- "Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public Prohibited" +\& +.LP +No person under 21 years of age shall be in possession of any alcoholic +beverage while such person is upon any public street, road, highway or +in any public place. +.PP +(Prior Code, § 3-4; Code 1999, § 3-109) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age" -A "\c" \ + -- "Sec 3-110 Misrepresentation Of Age" +\& +.LP +No person shall misrepresent his age either orally or in writing or by +presenting false or altered documentation of age for the purpose of +inducing any person to sell him alcoholic beverages. +.PP +(Prior Code, § 3-14; Code 1999, § 3-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments" -A "\c" \ + -- "Sec 3-111 Sale In Containers, From Licensed Establishments" +\& +.IP " 1." 4 +No person shall sell or deliver alcoholic beverages at a retail +alcoholic beverage store other than: +.RS 4 +.IP " 1." 4 +In retail containers; +.IP " 2." 4 +At ordinary room temperatures; +.IP " 3." 4 +In the original package; and +.IP " 4." 4 +For consumption off the premises. +.br +No person shall open or consume, or permit another person to open or +consume, a retail container of alcoholic beverage on the premises of a +retail package store. +Except as otherwise permitted in this chapter, no person shall drink any +alcoholic beverage in public except on the premises of a licensee who is +authorized to sell or serve alcoholic beverages by the individual drink. +.RE +.IP " 2." 4 +No person shall purchase any alcoholic beverage at retail or wholesale +from any person other than a dealer licensed by the ABLE commission. +.LP +(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit" -A "\c" \ + -- "Sec 3-112 Sales On Credit" +\& +.LP +Except as may be authorized by state law, no person shall sell any +alcoholic beverage on credit at any retail package store. +.PP +(Prior Code, § 3-20; Code 1999, § 3-112) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity" -A "\c" \ + -- "Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, Nudity" +\& +.IP " 1." 4 +No licensee shall: +.RS 4 +.IP " 1." 4 +Give any alcoholic beverage as a prize, premium or consideration for any +lottery, game of chance or skill or any type of competition; or +.IP " 2." 4 +Advertise or offer \[dq]happy hours\[dq] or any other means or +inducements to stimulate the consumption of alcoholic beverages, +including: +.RS 4 +.IP " 1." 4 +Deliver more than two drinks to one person at one time; +.IP " 2." 4 +Sell or offer to sell to any person or group of persons any drinks at a +price less than the price regularly charged for such drinks during the +same calendar week, except at private functions not open to the public; +.IP " 3." 4 +Sell or offer to sell to any person an unlimited number of drinks during +any set period of time for a fixed price, except at private functions +not open to the public; +.IP " 4." 4 +Sell or offer to sell drinks to any person or group of persons on any +one day at prices less than those charged the general public on that +day, except at private functions not open to the public; +.IP " 5." 4 +Increase the volume of alcoholic beverages contained in a drink without +increasing proportionately the price regularly charged for such drink +during the same calendar week; or +.IP " 6." 4 +Encourage or permit, on the licensed premises, any game or contest which +involves drinking or the awarding of drinks as prizes. +.RE +.RE +.IP " 2." 4 +No licensee shall: +.RS 4 +.IP " 1." 4 +Allow any person on the premises where low-point beer or alcoholic +beverages are sold or dispensed for consumption on the premises of the +licensee where such person is unclothed or in such attire, costume or +clothing as to expose to view any portion of the breast below the top of +the areola or any portion of the pubic area, buttocks or genitalia; +.IP " 2." 4 +Permit any person to perform acts of, or acts which simulate sexual +acts; +.IP " 3." 4 +Permit any person to use artificial devices or inanimate objects to +depict any lewd activities; or +.IP " 4." 4 +Permit the showing of films, still pictures, electronic reproduction or +other visual reproduction depicting any of the prohibited acts in this +section. +.RE +.IP " 3." 4 +No licensee shall permit any drink solicitation, or request from a +patron to purchase any low-point beer or intoxicating alcoholic beverage +for consumption on the premises of the licensee, as that term is defined +in this chapter. +.LP +(Prior Code, §§ 3-5, 3-9, 3-10, 3-13, 3-22, 3-23; Code 1999, § 3-113) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 537. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places" -A "\c" \ + -- "Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public Places" +\& +.LP +No person within the city shall drink intoxicating liquor in any public +place, unless authorized by the Alcoholic Control Beverage Act, nor +shall any person be intoxicated in a public place within the city. +.PP +(Prior Code, §§ 3-25, 16-38; Code 1999, § 3-114) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions" -A "\c" \ + -- "Sec 3-115 Location Of Retail Package Store And Mixed Beverage Establishments; Exceptions" +\& +.IP " 1." 4 +No person shall own, operate, maintain or have any interest in any +retail package store which is located at a place in the city which is +forbidden as a location for such store by state laws or city ordinances. +.IP " 2." 4 +It shall be unlawful for any mixed beverage establishment, beer and wine +establishment, or bottle club which has been licensed by the alcoholic +beverage laws enforcement commission and which has as its main purpose +the selling or serving of alcoholic beverages for consumption on the +premises, or retail package store, to be located within 300 feet of any +public or private school or church property primarily and regularly used +for worship services and religious activities; however, a college or +university located within an improvement district created pursuant to 11 +O.S. +§ 39-103.1 may waive the 300-foot requirement by providing written +notice to the establishment seeking the license and to the alcoholic +beverage laws enforcement commission. +Provided, a college or university prior to waiving the 300-foot +requirement found in this subsection shall publish a notice of its +intention to waive such requirement in a legal newspaper of general +circulation within the state at least 30 days but no more than 40 days +prior to providing any written notice, waiving the 300-foot requirement, +to the establishment seeking the license or to the alcoholic beverage +laws enforcement commission. +As used in this subsection, the term \[dq]legal newspaper of general +circulation within the state\[dq] means a newspaper meeting the +requisites of a newspaper for publication of legal notices as prescribed +in 25 O.S. +§ 106 in a majority of the counties in the state. +The distance indicated in this section shall be measured from the +nearest property line of such public or private school or church to the +nearest perimeter wall of the premises of any such mixed beverage +establishment, beer and wine establishment, bottle club, or retail +package store which has been licensed to sell alcoholic beverages. +The provisions of this section shall not apply to mixed beverage +establishments, beer and wine establishments, or bottle clubs, which +have been licensed to sell alcoholic beverages for on-premises +consumption or retail package stores prior to November 1, 2000; +provided, if at the time of application for license renewal the licensed +location has not been in actual operation for a continuous period of +more than 60 days, the license shall not be renewed. +If any school or church shall be established within 300 feet of any +retail package store, mixed beverage establishment, beer and wine +establishment, or bottle club subject to the provisions of this section +after such retail package store, mixed beverage establishment, beer and +wine establishment, or bottle club has been licensed, the provisions of +this section shall not be a deterrent to the renewal of such license if +there has not been a lapse of more than 60 days. +When any mixed beverage establishment, beer and wine establishment, or +bottle club subject to the provisions of this section which has a +license to sell alcoholic beverages for on-premises consumption or +retail package store changes ownership or the operator thereof is +changed and such change of ownership results in the same type of +business being conducted on the premises, the provisions of this section +shall not be a deterrent to the issuance of a license to the new owner +or operator if he is otherwise qualified. +.LP +(Prior Code, § 3-12, in part; Code 1999, § 3-115) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 518.3. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation" -A "\c" \ + -- "Sec 3-116 Hours Of Operation" +\& +.IP " 1." 4 +No package store licensee shall sell or keep a package store premises +open for the purpose of selling any alcoholic beverages at any hour +other than between the hours of 8:00 a.m. +and midnight, Monday through Saturday, and noon to midnight on Sundays +and shall not be open on Thanksgiving Day or Christmas Day. +Package store licensees shall be permitted to sell alcoholic beverages +on the day of any general, primary, runoff primary or special election +whether on a national, state, county or city election, provided that the +election day does not occur on any day on which such sales are otherwise +prohibited by law. +.IP " 2." 4 +No holder of a retail wine license or a retail beer license shall sell +any beer or wine other than between the hours of 6:00 a.m. +and 2:00 a.m. +the following day, Monday through Sunday. +Retail wine and retail beer licensees shall be permitted to sell beer +and wine on the day of any general, primary, runoff primary or special +election whether on a national, state, county, or city election. +.IP " 3." 4 +No alcoholic beverages may be sold, dispensed, served or consumed on the +premises of a mixed drink beverage licensee or bottle club between the +hours of 2:00 a.m. +and 8:00 a.m. +No licensee shall permit any person, who has in his possession an open +container, having as its contents an intoxicating alcoholic beverage, to +remain in a mixed beverage establishment between the hours of 2:15 a.m. +to 8:00 a.m. +No person, having in his possession an open container, having as its +contents an intoxicating alcoholic beverage, shall remain in a mixed +beverage establishment between the hours of 2:15 a.m. +to 8:00 a.m. +For the purpose of this section, an open container shall mean any +receptacle containing low-point beer or intoxicating alcoholic beverage, +to include the original container of the beverage where the original +seal has been broken or opened. +.IP " 4." 4 +Any person selling or keeping a package store open to sell any alcoholic +beverage during any day or hours not authorized, and any person selling +or permitting the sale of alcoholic beverages at a grocery store, +convenience store or drug store during any day or hours not authorized +shall be guilty of a misdemeanor for first violation and upon a +conviction shall be fined not more than $500.00. +.LP +(Prior Code, § 3-19; Code 1999, § 3-116) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf" -A "\c" \ + -- "899(19)" +\& on 3/4/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349133_940%20(20).pdf" -A "\c" \ + -- "940(20)" +\& on 4/6/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days" -A "\c" \ + -- "Sec 3-117 Sale Or Delivery Prohibited On Certain Days" +\& +.LP +No wine or spirits wholesaler licensee shall sell or deliver, and no +wine or spirits retail licensee shall receive any amount of spirits or +wines to any licensee on Sunday or on New Year\[aq]s Day, the Fourth of +July, Thanksgiving Day or Christmas Day. +.PP +(Prior Code, § 3-24; Code 1999, § 3-117) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf" -A "\c" \ + -- "899(19)" +\& on 3/4/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER" -A "\c" \ + -- "CHAPTER 3-2 LOW-POINT BEER" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions" -A "\c" \ + -- "Sec 3-201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses" -A "\c" \ + -- "Sec 3-202 State Licenses" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees" -A "\c" \ + -- "Sec 3-203 Retail Dealer\[aq]s License Required; License Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License" -A "\c" \ + -- "Sec 3-204 Application For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License" -A "\c" \ + -- "Sec 3-205 Expiration Of License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions" -A "\c" \ + -- "Sec 3-206 Minors On Premises Prohibited; Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited" -A "\c" \ + -- "Sec 3-207 Sale Of Low-Point Beer To Minors Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions" -A "\c" \ + -- "Sec 3-208 Employment Of Persons Under 18 Years; Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception" -A "\c" \ + -- "Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; Exception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle" -A "\c" \ + -- "Sec 3-210 Transportation Of Low-Point Beer In Moving Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public" -A "\c" \ + -- "Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In Public" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception" -A "\c" \ + -- "Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; Exception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation" -A "\c" \ + -- "Sec 3-213 Misrepresentation Of Age By False Or Altered Documentation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records" -A "\c" \ + -- "Sec 3-214 Inspections, Sales Tax Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements" -A "\c" \ + -- "Sec 3-215 Glass Area And Lighting Requirements" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Low-point beer, 63 O.S. +§ 163.1 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions" -A "\c" \ + -- "Sec 3-201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Low-point beer\f[R] means beverages containing more than one-half +of one percent alcohol by volume, and not more than 3.2 percent alcohol +by weight, including, but not limited to, beer or cereal malt beverages +obtained by the alcoholic fermentation of an infusion of barley or other +grain, malt or similar products. +.PP +\f[I]Minor\f[R] means a person who, in accordance with state law, has +not yet attained the age at which the consumption of low-point beer is +permitted. +.PP +\f[I]Retail dealer\f[R] means and includes any and all persons who sell, +distribute or dispense any low-point beer at retail to the public for +consumption or use, whether consumed on the premises or not. +A dealer who is engaged in wholesaling low-point beer for resale shall +not be exempt from the provisions of this chapter if he also sells, +distributes or dispenses such beverages direct to the public for +consumption or use. +.PP +(Prior Code, § 3-106; Code 1999, § 3-201) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses" -A "\c" \ + -- "Sec 3-202 State Licenses" +\& +.LP +No person shall engage in the business of selling, offering for sale or +distributing any low-point beer, at retail, for consumption or use, +without first having obtained a state license to do so, and in cases +where such beverages are consumed on the premises, a license as provided +by the statutes of the state. +.PP +(Prior Code, § 3-127; Code 1999, § 3-202) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees" -A "\c" \ + -- "Sec 3-203 Retail Dealer\[aq]s License Required; License Fees" +\& +.IP " 1." 4 +No person shall sell, distribute or dispense any low-point beer at +retail to the public without first having obtained a license to do so +from the city, and making payment in advance to the city clerk in the +amount as provided herein. +.IP " 2." 4 +The annual fee for a license under this chapter shall be as established +by resolution. +.IP " 3." 4 +No license issued hereunder is transferable. +.IP " 4." 4 +Licenses required by this chapter shall be issued by the city clerk upon +payment of the required fee and compliance by the applicant with all +applicable ordinances of the city, and upon a satisfactory showing that +the applicant has obtained such state and county permits as are required +by law. +.LP +(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License" -A "\c" \ + -- "Sec 3-204 Application For License" +\& +.LP +An applicant for a retail dealer\[aq]s license or renewal of such +license shall deposit the required fee with the city clerk and submit an +application on the form provided by the clerk. +.PP +(Code 1999, § 3-204) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License" -A "\c" \ + -- "Sec 3-205 Expiration Of License" +\& +.LP +The licenses provided for in this chapter shall expire annually on June +30, and the fee therefor shall not be prorated. +.PP +(Prior Code, § 3-130; Code 1999, § 3-205) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions" -A "\c" \ + -- "Sec 3-206 Minors On Premises Prohibited; Exceptions" +\& +.IP " 1." 4 +It shall be unlawful for any person who holds a license to sell and +dispense low-point beer for consumption on the premises, or any agent, +servant, or employee of said license holder, to permit any person under +21 years of age to be admitted to or remain in a separate or enclosed +bar area of the licensed premises, which has as its main purpose the +selling or serving of low-point beer for consumption on the premises. +The provisions of this section shall not prohibit persons under 21 years +of age from being admitted to an area which has as its main purpose some +objective other than the sale or serving of low-point beer, in which +sales or serving of said beverages are incidental to the main purpose, +as long as persons under 21 years of age are not sold or served said +beverages; however, the incidental service of food in the bar area shall +not exempt a licensee, agent, servant, or employee from the provisions +of this subsection. +.IP " 2." 4 +If the premises of a holder of a license to sell low-point beer contains +a separate or enclosed bar area which has as its main purpose the sale +or serving of low-point beer for consumption on the premises, no minor +shall enter, attempt to enter, or remain in the area. +The provisions of this subsection shall not prohibit minors from +entering or remaining in an area which has as its main purpose some +objective other than the sale or serving of low-point beer, in which +sales or serving of the beverages are incidental to the main purpose, if +the minors are not sold or served or do not consume low-point beer +anywhere on the premises; however, the incidental service of food in the +bar area shall not exempt minors from the provisions of this subsection. +.LP +(Prior Code, § 3-108; Code 1999, § 3-206) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§§ 241, 243, 246. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited" -A "\c" \ + -- "Sec 3-207 Sale Of Low-Point Beer To Minors Prohibited" +\& +.LP +It is unlawful for any person who holds a license to sell and dispense +low-point beer, or any agent, servant or employee of the license holder, +to sell, barter or give to any minor any low-point beer. +.PP +(Prior Code, § 3-111; Ord. +No. +486, 6-5-1989; Code 1999, § 3-207) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 241. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions" -A "\c" \ + -- "Sec 3-208 Employment Of Persons Under 18 Years; Exceptions" +\& +.IP " 1." 4 +It is unlawful for any person under 18 years of age to be employed or +permitted to work, in any capacity whatsoever, in a place where +low-point beer is sold or dispensed for consumption on the premises. +.IP " 2." 4 +It is unlawful for any minor to be employed or permitted to work, in any +capacity whatsoever, in the separate or enclosed bar area of a place +where the main purpose of the area is the sale or consumption of +low-point beer. +The provisions of this subsection shall not apply to any area which has +as its main purpose some objective other than the sale or serving of +low-point beer, in which sales or serving of the beverages are +incidental to the main purpose; however, the incidental service of food +in the bar area shall not exempt a holder of a license to sell low-point +beer for consumption on the premises from the provisions of this +subsection. +.IP " 3." 4 +A parent in regard to the employment of his own child is exempted from +the provisions of this section, provided that such employment shall in +no capacity whatsoever be related to the selling or dispensing of such +beverages. +.IP " 4." 4 +The provisions of subsection (A) of this section shall not apply to any +business or establishment where sales of the beverages do not exceed 25 +percent of the gross sales of the business or establishment. +.LP +(Code 1999, § 3-208) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 243. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception" -A "\c" \ + -- "Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; Exception" +\& +.IP " 1." 4 +No retailer licensed to sell low-point beer shall sell such beverages +for consumption on the premises between the hours of 2:00 a.m. +Sunday morning and 7:00 a.m. +Monday morning or between the hours of 2:00 a.m. +and 7:00 a.m. +on any other day. +.IP " 2." 4 +No retail dealer of any business selling low-point beer, as that term is +defined in this chapter, for consumption on the premises, nor any +operator, agent, or employee of the retail dealer, shall permit any +person, who has in his possession an open container having as its +contents a low-point beer, to remain on the premises between the hours +of 2:15 a.m. +to 7:00 a.m. +Mondays through Saturdays, or on Sundays after 7:00 a.m. +No person, having in his possession an open container having as its +contents a low-point beer, shall remain on the premises between the +hours of 2:15 a.m. +to 7:00 a.m. +Mondays through Saturdays, or on Sundays after the hour of 2:15 a.m. +For the purpose of this section, an open container shall mean any +receptacle containing low-point beer or intoxicating alcoholic beverage, +to include the original container of the beverage where the original +seal has been broken or opened. +.LP +(Code 1999, § 3-209) +.PP +\f[B]State Law reference\f[R]\[em] City powers to regulate hours, Sunday +hours, 37 O.S. +§ 213. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle" -A "\c" \ + -- "Sec 3-210 Transportation Of Low-Point Beer In Moving Vehicle" +\& +.LP +No person shall knowingly transport in any moving vehicle upon a public +highway, street or alley within the city any low-point beer except in +the original container which shall have not been opened and from which +the original cap or seal shall have not been removed, unless the opened +container is in the rear trunk or rear compartment, which shall include +the spare tire compartment in a station wagon or panel truck, or any +outside compartment which is not accessible to the driver or any other +person in the vehicle while it is in motion. +.PP +(Prior Code, § 3-113; Code 1999, § 3-210) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 537. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public" -A "\c" \ + -- "Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In Public" +\& +.LP +No person under 21 years of age shall: +.IP " 1." 4 +Consume; or +.IP " 2." 4 +Possess with the intent to consume; +.LP +low-point beer, as defined in 37 O.S. +§ 163.2, in any public place. +Any person violating any of the provisions of this section shall be +guilty, upon conviction, of a misdemeanor and punished as provided in +section 1-108 or by appropriate community service not to exceed 20 +hours. +Provided, the provisions of this section shall not apply when such +persons are under the direct supervision of their parent or lawful +guardian, but in no instance shall this exception be interpreted to +allow such persons to consume such beverages in any place licensed to +dispense low-point beer as provided in 37 O.S. +§ 163.11. +.PP +(Prior Code, § 3-112; Code 1999, § 3-211; Ord. +No. +31(92), 7-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception" -A "\c" \ + -- "Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; Exception" +\& +.IP " 1." 4 +No person shall consume, or possess with intent to consume, low-point +beer in any public place, or upon any public street. +.IP " 2." 4 +Any person violating the provision of this section shall, upon +conviction, be guilty of a misdemeanor and shall be punished as provided +in section 1-108, or by appropriate community service not to exceed 20 +hours. +.IP " 3." 4 +The provisions of this section shall not prohibit a person who is of age +from consuming such beverages in any place licensed to dispense beer as +provided for in 37 O.S. +§ 163.11. +.LP +(Code 1999, § 3-212; Ord. +No. +31(92), 7-20-1992) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 246. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation" -A "\c" \ + -- "Sec 3-213 Misrepresentation Of Age By False Or Altered Documentation" +\& +.LP +No person shall represent his age either orally or in writing or by +presenting false or altered documentation of age for the purpose of +inducing any person to sell him low-point beer. +.PP +(Code 1999, § 3-213) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records" -A "\c" \ + -- "Sec 3-214 Inspections, Sales Tax Records" +\& +.IP " 1." 4 +Every person subject to the provisions of this chapter shall, at the +request of the city, produce such state sales tax records as the city +might request within ten working days of such request, and the +application for the acceptance of any license hereunder shall +conclusively be deemed to be consent of the applicant and licensee to +produce such state sales tax records. +.IP " 2." 4 +The police department may make inspections of all places of business +where low-point beer is sold, distributed, or dispensed at retail, for +the purpose of enforcing the law and for ascertaining whether the +operators thereof are complying with the requirements of the law +relating to the handling of low-point beer. +.LP +(Code 1999, § 3-214) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements" -A "\c" \ + -- "Sec 3-215 Glass Area And Lighting Requirements" +\& +.IP " 1." 4 +All buildings and structures used or occupied as a place where low-point +beer is offered for sale for consumption on the premises shall be so +designed, constructed and maintained as to contain in the face of such +building fronting upon the nearest public way to which such building is +adjacent and used as the most public entrance a plate glass area forming +both the interior and exterior wall equivalent to 75 percent of the +total area of the face of such building computed on a square footage +basis between floor level and ceiling height. +.IP " 2." 4 +All plate glass required by this section shall be maintained in a clear, +unpainted and unobstructed condition, so as to permit clear visibility +of the interior of such building from without the same. +All areas of such building designed for use by the retail customers of +such establishment shall be lighted with incandescent or fluorescent +lights providing a minimum of 25 footcandles of light at all locations +within the area. +All such establishments containing less than the required percentage of +glassed area on the face of the building as of the date of passage of +this section shall keep and maintain all of the existing glassed area on +the face of the building in a clear, unpainted and unobstructed +condition and shall not enlarge or extend the building without +compliance with the provisions of this section. +.LP +(Prior Code, § 3-109, 3-110; Code 1999, § 3-215) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES" -A "\c" \ + -- "CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages" -A "\c" \ + -- "Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming Alcoholic Beverages" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages" -A "\c" \ + -- "Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming Alcoholic Beverages" +\& +.IP " 1." 4 +\f[I]Definitions\f[R]. +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +Alcohol\f[R] means ethyl alcohol, hydrated oxide of ethyl, or spirits of +wine, from whatever source or by whatever process produced. +.br +\f[I] +.br +Alcoholic beverage\f[R] includes alcohol, spirits, liquor, wine, beer, +and every liquid or solid containing alcohol, spirits, wine, or beer, +and which contains one-half of one percent or more of alcohol by volume +and which is fit for beverage purposes either alone or when diluted, +mixed, or combined with other substances. +The term \[dq]alcoholic beverage\[dq] includes intoxicating beverages +and low-point beer as defined herein. +.br +\f[I] +.br +Gathering\f[R] means a party, gathering, or event, where a group of +three or more persons have assembled or are assembling for a social +occasion or social activity. +.br +\f[I] +.br +Intoxicating beverage\f[R] includes beverages containing more than 3.2 +percent alcohol by weight. +.br +\f[I] +.br +Legal guardian\f[R] means: +.RS 4 +.IP " 1." 4 +A person who, by court order, is the guardian of the person of a minor; +or +.IP " 2." 4 +A public or private agency with whom a minor has been placed by the +court. +\f[I]Low-point beer\f[R] means and includes beverages containing more +than one-half of one percent alcohol by volume, and not more than 3.2 +percent alcohol by weight, including, but not limited to, beer or cereal +malt beverages obtained by the alcoholic fermentation of an infusion of +barley or other grain, malt or similar products. +.br +\f[I] +.br +Minor\f[R] means any person under 21 years of age. +.br +\f[I] +.br +Parent\f[R] means a person who is a natural parent, adoptive parent, +foster parent, or step-parent of another person. +.br +\f[I] +.br +Premises\f[R] means any residence or other private property, place, or +premises, including any commercial or business premises. +.br +\f[I] +.br +Response costs\f[R] are the costs associated with responses by law +enforcement, fire, and other emergency response providers to a +gathering, including, but not limited to: +.IP " 1." 4 +Salaries and benefits of law enforcement, code enforcement, fire, or +other emergency response personnel for the amount of time spent +responding to, remaining at, or otherwise dealing with a gathering, and +the administrative costs attributable to such response; +.IP " 2." 4 +The cost of any medical treatment for any law enforcement, code +enforcement, fire, or other emergency response personnel injured +responding to, remaining at, or leaving the scene of a gathering; +.IP " 3." 4 +The cost of repairing any city equipment or property damaged, and the +cost of the use of any such equipment, in responding to, remaining at, +or leaving the scene of a gathering; and +.IP " 4." 4 +Any other allowable costs related to the enforcement of this section. +.RE +.IP " 2." 4 +\f[I]Consumption of alcohol by minor in public place, place open to +public, or place not open to the public\f[R]. +Except as permitted by state law, it is unlawful for any minor to +consume at any place not open to the public any alcoholic beverage, +unless in connection with the consumption of an alcoholic beverage that +minor is being supervised by his parent or legal guardian. +.IP " 3." 4 +\f[I]Hosting, permitting, or allowing a party, gathering, or event where +minors consume alcoholic beverages prohibited\f[R]. +.RS 4 +.IP " 1." 4 +.IP " 1." 4 +It is the duty of any person having control of any premises, who +knowingly hosts, permits, or allows a gathering at said premises, to +take all reasonable steps to prevent the consumption of alcoholic +beverages by any minor at the gathering. +Reasonable steps are controlling access to alcoholic beverages at the +gathering; controlling the quantity of alcoholic beverages present at +the gathering; verifying the age of persons attending the gathering by +inspecting drivers\[aq] licenses or other government-issued +identification cards to ensure that minors do not consume alcoholic +beverages while at the gathering; and supervising the activities of +minors at the gathering. +.IP " 2." 4 +It is unlawful for any person having control of any premises to +knowingly host, permit, or allow a gathering to take place at said +premises where at least one minor consumes an alcoholic beverage, +whenever the person having control of the premises either knows a minor +has consumed an alcoholic beverage or reasonably should have known that +a minor consumed an alcoholic beverage had the person taken all +reasonable steps to prevent the consumption of an alcoholic beverage by +a minor as set forth in subsection (C)(1)a of this section. +.IP " 2." 4 +This section shall not apply to conduct involving the use of alcoholic +beverages that occurs exclusively between a minor and his parent or +legal guardian. +.IP " 3." 4 +Nothing in this section should be interpreted to prohibit any family +activity held in the confines of the family home from providing the use +of alcohol to immediate family members within the supervision of parents +and guardians. +However, if a minor leaves such a family gathering intoxicated and is +found in public then said providers of alcohol will be held responsible +in the same manner as a non-family gathering. +.IP " 4." 4 +Nothing in this section should be interpreted to prohibit any religious +practice which includes the use of alcohol. +However, if a minor leaves such a religious gathering intoxicated and is +found to be in public then said providers of alcohol will be held +responsible in the same manner as a non-religious gathering. +.IP " 5." 4 +This section shall not apply to any premises licensed by the state to +dispense alcoholic beverages. +.RE +.IP " 4." 4 +\f[I]Penalty\f[R]. +Any person violating the provisions of this section shall be punished +pursuant to the terms of section 1-108. +.IP " 5." 4 +\f[I]Reservation of legal options\f[R]. +Violations of this section may be prosecuted by the city criminally, +civilly, and/or administratively as provided by this Code. +The city may seek administrative fees and response costs associated with +enforcement of this section through all remedies or procedures provided +by statute, ordinance, or law. +This section shall not limit the authority of peace officers or private +citizens to make arrests for any criminal offense arising out of conduct +regulated by this section, nor shall they limit the city\[aq]s ability +to initiate and prosecute any criminal offense arising out of the same +circumstances necessitating the application of this section. +.IP " 6." 4 +\f[I]Local authority.\f[R] This section shall not apply where prohibited +or preempted by state or federal law. +.LP +(Code 1999, § 3-301; Ord. +No. +601(07), 11-19-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_4_ANIMALS" -A "\c" \ + -- "PART 4 ANIMALS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 4-1 GENERAL PROVISIONS" +\& +.br +.LP +\f[B] +.br +State Law reference\f[R]\[em] City powers to regulate animals, 11 O.S. +§ 22-115 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 4-1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS" -A "\c" \ + -- "ARTICLE 4-1A ANIMAL REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1B REGISTRATION AND VACCINATION OF ANIMALS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS" -A "\c" \ + -- "ARTICLE 4-1C IMPOUNDMENT REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1D CRUELTY TO ANIMALS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES" -A "\c" \ + -- "ARTICLE 4-1E RABIES AND ANIMAL BITES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1F VICIOUS ANIMALS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY" -A "\c" \ + -- "ARTICLE 4-1G PENALTY" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] City powers to regulate animals, 11 +O.S. +§ 22-115 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS" -A "\c" \ + -- "ARTICLE 4-1A ANIMAL REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions" -A "\c" \ + -- "Sec 4-101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures" -A "\c" \ + -- "Sec 4-102 Running At Large, Owners Cited; Enclosures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation" -A "\c" \ + -- "Sec 4-103 Control Of Animals Required, At Large And Sanitation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl" -A "\c" \ + -- "Sec 4-104 Keeping And Raising Of Fowl" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine" -A "\c" \ + -- "Sec 4-105 Keeping Of Swine" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location" -A "\c" \ + -- "Sec 4-106 Buildings, Structures For Animals; Location" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels" -A "\c" \ + -- "Sec 4-107 Number Of Animals Restricted, Kennels" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code" -A "\c" \ + -- "Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, Are In Violation Of Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals" -A "\c" \ + -- "Sec 4-109 Keeping Of Wild Or Exotic Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal" -A "\c" \ + -- "Sec 4-110 Pasturing In Public Areas Illegal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals" -A "\c" \ + -- "Sec 4-111 Riding On Streets; Racing Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees" -A "\c" \ + -- "Sec 4-112 Keeping Of Bees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps" -A "\c" \ + -- "Sec 4-113 Use Of Metal Traps" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer" -A "\c" \ + -- "Sec 4-114 Refusal To Deliver Animal To Animal Control Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals" -A "\c" \ + -- "Sec 4-115 Feeding Of Wild Animals" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions" -A "\c" \ + -- "Sec 4-101 Definitions" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +Adequate care\f[R] means normal and prudent attention to the needs of an +animal including wholesome food, clean water, shelter and healthcare as +necessary to maintain good health in a specific species of animal. +.br +\f[I] +.br +Adequate food\f[R] means provisions at suitable intervals at no more +than 12 hours unless dietary requirements of the species require a +longer interval, of a quality, wholesome food suitable for the species +and age, sufficient to maintain a reasonable level of nutrition in each +animal, served in a safe receptacle, dish or container. +.br +\f[I] +.br +Adequate water\f[R] means the continual access to or access at suitable +intervals not less than once each eight hours for at least on hour to a +supply of clean, fresh, unfrozen, potable water provided in a sanitary +manner suitable for the species, condition and age of the animal and in +sufficient amounts to maintain good health in the animal. +Such water shall be provided in a secure manner so the container cannot +be overturned. +.br +\f[I] +.br +Adequate shelter\f[R] means structurally sound, properly ventilated, +sanitary, dry and weather proof shelter suitable for the species, age +and condition of the animal which is free of litter or hazardous +substances and objects, contains clean and dry bedding material and +which provides access to shade from direct sunlight and regress from +inclement weather conditions. +Shelter shall be fully enclosed on three sides, roofed and a solid +floor. +The entrance to the shelter shall be flexible to allow the animal\[aq]s +entry and exit and sturdy enough to block entry of wind or rain. +The shelter shall be small enough to retain the animal\[aq]s body heat +and large enough to allow the animal to stand and turn around +comfortably. +Unacceptable shelter includes, but is not limited to, barrels, pipes, +crates, cardboard boxes, pet carriers or tarpaulins. +.br +\f[I] +.br +Animal\f[R] means livestock, creatures, fowl, dogs, cats, or ferrets +except fowl shall not apply to the term \[dq]animal\[dq] when dealing +with rabies issues. +.br +\f[I] +.br +Animal control authority\f[R] means the animal control section of the +city or its representative directed by the city manager for the welfare +of the city. +.br +\f[I] +.br +Animal control officer\f[R] means the persons employed by the animal +control authority or appointed by the city manager to enforce this +chapter. +.br +\f[I] +.br +Animal shelter\f[R] means any premises designated by action of the +council for the purposes of impounding and caring for animals. +.br +\f[I] +.br +At large\f[R] or \f[I]running at large\f[R] means any animal (except +cats) not under the control of a competent person. +As applied to animals, the term \[dq]at large\[dq] or \[dq]running at +large\[dq] means: +.RS 4 +.IP " 1." 4 +\f[I]Off-premises\f[R]. +Any animal (except cats) which is not restrained by means of a leash or +chain of sufficient strength and not more than six feet in length to +control the actions of such animal while off the owner\[aq]s property; +and +.IP " 2." 4 +\f[I]On-premises\f[R]. +Any animal (except cats) not confined within the owner\[aq]s property by +a substantial fence of sufficient strength and height to prevent the +animal from escaping therefrom, or secured on the premises by a metal +chain or leash sufficient in strength to prevent the animal from +escaping from the owner\[aq]s property and so arranged so that the +animal will remain upon the property when the leash is stretched to full +length. +A dog intruding upon the property of another person other than the owner +shall be termed running at large. +Any animal within an automobile or other vehicle of its owner or +owner\[aq]s agent shall not be deemed running at large. +\f[I]Body harness\f[R] means a set of straps that extend around the +chest and mid-section of the animal\[aq]s body, so as to not tighten +around the animal\[aq]s neck when the animal pulls at the end of the +tether. +.br +\f[I] +.br +Cat\f[R] means any member of the feline family. +.br +\f[I] +.br +Collar\f[R] means a band of leather or soft material fastened around the +neck of an animal as to attach a license, tag or tether. +.br +\f[I] +.br +Compendium\f[R] means the most recent version of compendium of animal +rabies control established by the National Association of State Public +Health Veterinarians Inc., adopted by the animal control authority. +.br +\f[I] +.br +Creature\f[R] means a domesticated animal used as a household pet such +as a hamster, gerbil or similar animal. +.br +\f[I] +.br +Dangerous animal\f[R]. +See Vicious canine. +.br +\f[I] +.br +Dog\f[R] means any member of the canine family. +.br +\f[I] +.br +Domesticated\f[R] means trained or adapted for use in a human +environment. +.br +\f[I] +.br +Domesticated birds\f[R] means canaries, parrots, parakeets, myna birds, +peacocks, birds of paradise or other birds tamed to the household or +pertaining thereto. +.br +\f[I] +.br +Enclosure\f[R] means, while on the property of the owner, secure +confinement indoors or in a securely enclosed and locked pen or +structure, suitable to prevent entry and designed to prevent the animal +from escaping. +.br +\f[I] +.br +Euthanized\f[R] means to put to death in a humane manner. +.br +\f[I] +.br +Exposed to rabies\f[R] means any animal (except fowl) that has been +bitten by or exposed to any other animal known to have been infected +with rabies. +.br +\f[I] +.br +Fowl\f[R] means domesticated chickens, guineas, geese, ducks and +pigeons, peacocks and turkeys. +.br +\f[I] +.br +Harbor\f[R] means to feed or shelter an animal at the same location for +five or more consecutive days. +.br +\f[I] +.br +Impound\f[R] means to apprehend, catch, trap, net or if necessary, kill +any animal by the animal control authority or its agent. +.br +\f[I] +.br +Impounding facilities\f[R] means any premises designed by the city for +the purpose of impounding and caring for all animals found in violation +of this chapter. +.br +\f[I] +.br +Keeper\f[R] means any person, family, firm or corporation owning or +actually keeping, having, using or maintaining any of the animals herein +referred to. +.br +\f[I] +.br +Kennel\f[R] means any place where four or more dogs or four or more +cats, more than six months of age, are kept, sheltered or fed and +watered. +.br +\f[I] +.br +License\f[R] means annual pet registration required by the city for +animals vaccinated against rabies, issued by the animal control +authority. +.br +\f[I] +.br +Livestock\f[R] means domestic animals such as swine, horses, mules, +asses, sheep, goats or cattle. +When these terms are used herein, it shall include any related member of +the species. +.br +\f[I] +.br +Muzzle\f[R] means a device constructed of strong, soft material or a +metal muzzle such as that used commercially with greyhounds. +The muzzle must be made in a manner which will not cause injury to the +animal or interfere with its vision or respiration, but must prevent it +from biting any person, animal or livestock. +.br +\f[I] +.br +Neuter\f[R] means to render a male animal unable to reproduce. +.br +\f[I] +.br +Non choke type\f[R] \f[I]collars\f[R] means a collar that when worn by +an animal does not constrict or choke the animal when the animal pulls +or extends the attached tether. +.br +\f[I] +.br +Nuisance animal\f[R] means the conduct or behavior of any animal which +molests passersby or passing vehicles; attacks other animals; damages +private or public property; barks, whines, howls, crows or makes other +noises in an excessive, continuous fashion which annoys the comfort, +repose, health or safety of the people in the community; unconfined in +season; or a vicious animal not confined as required by this chapter. +.br +\f[I] +.br +Owner\f[R] or \f[I]keeper\f[R] means any person, group of persons or +corporation owning, keeping or harboring animals, fowl or birds. +.br +\f[I] +.br +Provoke\f[R] or \f[I]provocation\f[R] means, with respect to an attack +by an animal, that the animal was hit, kicked or struck by a person with +an object or part of a person\[aq]s body or that any part of the +animal\[aq]s body is pulled, pinched or squeezed by a person. +.br +\f[I] +.br +Rabies policy and procedure\f[R] means the \[dq]compendium\[dq] unless +otherwise stated. +.br +\f[I] +.br +Ratproof\f[R] means that state of being constructed so as to effectively +prevent entry of rats. +.br +\f[I] +.br +Registration and vaccination for rabies\f[R] means the procedure of +vaccinating for rabies and issuing an identification number and an +appropriate certificate issued by a licensed veterinarian. +.br +\f[I] +.br +Restraint\f[R] means that an animal is controlled by leash or tether, +either of which shall not exceed six feet in length, by a competent +person, or is within any vehicle, trailer or other conveyance being +driven, pulled or parked on the street, or is confined within the +property limits of its owner or keeper. +.br +\f[I] +.br +Sanitary\f[R] means any condition of good odor and cleanliness which +precludes the probability of disease transmission and insect breeding +and which preserves the health of the city. +.br +\f[I] +.br +Severe injury\f[R] means any physical injury that results in bruising, +lacerations, or causing blood to be drawn. +.br +\f[I] +.br +Spay\f[R] means to render a female animal incapable to reproduce. +.br +\f[I] +.br +Tag\f[R] means any object that bears a registration number and the words +\[dq]registered and vaccinated for rabies\[dq] in the shape and color +recognized by the National Association of State Public Health +Veterinarians which has been issued by a veterinarian. +.br +\f[I] +.br +Tether\f[R] means a rope, chain, or cable that is attached to an +animal\[aq]s collar or harness for the purpose of restraining the +animal. +.br +\f[I] +.br +Vaccination\f[R] means a treatment with a vaccine to produce an immunity +against disease. +.br +\f[I] +.br +Veterinarian\f[R] means a person holding a current state license +qualified to treat diseased or injured animals. +.br +\f[I] +.br +Vicious canine\f[R] means: +.IP " 1." 4 +.IP " 1." 4 +Any canine which, according to the records of the appropriate authority, +has inflicted severe injury on a human being without provocation on +public or private property where such a person is conducting himself +peaceably and lawfully; +.IP " 2." 4 +Any canine which, according to the records of the appropriate authority, +requires a defensive action by any person to prevent bodily injury or +property damage without provocation on public or private property where +such a person is conducting himself peaceably and lawfully; +.IP " 3." 4 +Any canine which, according to the records of the appropriate authority, +has killed a domestic animal or livestock without provocation while off +the owner\[aq]s property or has caused economic loss to the owner of +livestock as a result of the canine\[aq]s attacking or harassing the +livestock; +.IP " 4." 4 +Any canine owned or harbored primarily or in part for the purpose of +canine fighting or any canine trained for canine fighting; or +.IP " 2." 4 +All other words, terms or phrases used herein shall be defined and +interpreted according to their common usage. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures" -A "\c" \ + -- "Sec 4-102 Running At Large, Owners Cited; Enclosures" +\& +.IP " 1." 4 +Any animal (excluding cats), running at large in the city may be taken +up by the animal control officer and impounded at the animal shelter. +Employees of the city animal control authority shall have the authority +to enter upon the owners property in pursuing a dog which is running at +large and they shall have authority to open gates, cross fences and take +whatever steps that are necessary to impound the dog running at large, +except nothing in this section shall be construed to authorize the city +employee to enter into a dwelling of a person. +The animal control officer may, at their discretion, cite the owner of +such animal to appear in municipal court to answer charges of each +violation of this chapter. +Upon a first conviction for violation of this section, such violation +shall be punishable by a maximum fine of $500.00 plus court costs. +Upon a second conviction within a twelve month period for conviction of +a violation of this section, such violation shall be punishable by a +minimum fine of $250.00 up to a maximum of $500.00 plus court costs. +Upon a third and all subsequent convictions within a twelve month period +for violation of this section, such violation shall be punishable by a +minimum fine of $400.00 up to a maximum of $500.00 plus court costs. +.IP " 2." 4 +Every person who owns or has charge of any animal within the city shall +be required to keep the domestic animal within a suitable enclosure and +to restrain the animal from running at large. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785531_Ordinance%20968.21.pdf" -A "\c" \ + -- "968(21)" +\& on 3/15/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation" -A "\c" \ + -- "Sec 4-103 Control Of Animals Required, At Large And Sanitation" +\& +.IP " 1." 4 +It is unlawful for any owner or person to: +.RS 4 +.IP " 1." 4 +Fail to prevent any animal (except cats) from running at large within +the city; or +.IP " 2." 4 +Perform, do or carry out any inhumane treatment against any animal; or +.IP " 3." 4 +Keep, possess, own, control, maintain, use or otherwise exercise +dominion over any animal which by reason of noise, odor or sanitary +conditions becomes offensive to a reasonable and prudent person of +ordinary tastes and sensibilities, or which constitutes or becomes a +health hazard as determined by the health officer or animal control +officer; or +.IP " 4." 4 +Turn any animal at large or release an animal which is restrained or +confined in an enclosure as required by this chapter; or +.IP " 5." 4 +Harbor, keep or have possession of a nuisance animal as defined in this +chapter. + +.RE +.IP " 2." 4 +.IP " 1." 4 +No owner, keeper, or person having control of any animal shall fail to +immediately remove and dispose of in a sanitary manner any solid waste +deposited by such animal upon any sidewalk, public park, alley, other +place open to the public, or from private property before the owner +leaves the immediate area where the solid waste was deposited. +.IP " 2." 4 +No owner, keeper, or person having control of any animal shall fail to +have in his possession the equipment necessary to remove his +animal\[aq]s solid waste when accompanied by said animal on public +property. +.IP " 3." 4 +No owner, keeper or person having control of any animal shall permit +such animal to destroy or damage property of any kind or to deposit +solid waste or to commit a similar nuisance on the private property of a +person or the property of the city, including its parks and playgrounds, +or any property other than that of the owner of the animal. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl" -A "\c" \ + -- "Sec 4-104 Keeping And Raising Of Fowl" +\& +.LP +Keeping of fowl is prohibited in the city limits except on property +zoned A1 or A2. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine" -A "\c" \ + -- "Sec 4-105 Keeping Of Swine" +\& +.IP " 1." 4 +Keeping and raising of swine and other livestock is prohibited in the +City limits except on property zoned A1 or A2. +.RS 4 +.IP " 1." 4 +Asian pot-bellied swine or other similar small swine located outside of +zone A1 or A2 will be permitted only under the following conditions: +.RS 4 +.IP " 1." 4 +Each pot-bellied swine shall be a pet that is to be kept for personal +enjoyment and not kept or raised for human consumption; +.IP " 2." 4 +\ Each pot-bellied swine shall be registered through a bona fide +registry firm; +.IP " 3." 4 +There shall not be more than two pot-bellied swine of more than three +months of age per residence; and +.IP " 4." 4 +Swine must be registered with the City of Moore Animal Control on or +before October 1, 2023 with proof of ownership (veterinary bills, etc.) +prior to February 1, 2023. +.RE +.RE +.IP " 2." 4 +Nothing in this section shall be deemed to limit or hinder city or state +health enforcement personnel from restricting or removing, or requiring +the removal of, any such swine from the city if such an action is deemed +necessary to promote or protect the health and safety of the inhabitants +of the city. +Furthermore, any regulation promulgated by the state department of +health or statute adopted by the legislature relating to pot-bellied +pigs or other small swine shall be deemed applicable to any such swine +or pot-bellied pigs authorized by this section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692208673_1032.23%20signed.pdf" -A "\c" \ + -- "1032.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location" -A "\c" \ + -- "Sec 4-106 Buildings, Structures For Animals; Location" +\& +.IP " 1." 4 +Every building or place where any animal is kept shall be constructed of +such material and in such manner that it can be kept clean and sanitary +at all times. +.IP " 2." 4 +No place where an animal is kept shall be maintained closer than 25 feet +to the premises of an apartment, hotel, restaurant, boardinghouse, food +store, building used for educational, religious or hospital purposes, or +dwelling other than that occupied by the owner or occupant of the +premises upon which the animal is kept. +.IP " 3." 4 +Every building where any livestock is kept, if located within 200 feet +of any apartment, hotel, restaurant, boardinghouse, food store, building +used for educational, religious or hospital purposes, or any dwelling +other than that occupied by the owner or occupant of the premises upon +which the animal is kept, shall be provided with a watertight and +flytight receptacle for manure, of such size as to hold all accumulation +of manure. +The receptacle shall be emptied sufficiently often and in such manner as +to prevent it from being or becoming a nuisance, and shall be kept +covered at all times except when open during the deposit or removal of +manure or refuse. +No manure shall be allowed to accumulate on such premises except in the +receptacle. +.IP " 4." 4 +The animal control officer shall inspect any structure or place where an +animal is kept on his own initiative or upon complaint. +He may issue any such reasonable order as he may deem necessary to the +owner of such animal to cause the animal to be kept as required in this +chapter or in a manner so as not to constitute a nuisance. +He may make a complaint before the city court against any person for +violation of any provision of this chapter, or of any such reasonable +order. +.IP " 5." 4 +The placement of any structure must comply with all of the regulations +set out within part 12, \[dq]Planning, Zoning, and Development,\[dq] and +the adopted Land Development Code. +.IP " 6." 4 +The construction, materials, and building use must comply with all of +the adopted regulations set out in part 5, \[dq]Building Regulations and +Codes,\[dq] of the Code of Ordinances. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels" -A "\c" \ + -- "Sec 4-107 Number Of Animals Restricted, Kennels" +\& +.IP " 1." 4 +No more than four animals, more than six months of age, may be kept on +any lot, premises or in any structure, except in a kennel. +Not more than one litter of puppies born to one female dog or one litter +of kittens born to one female cat may be kept on any lot or premises or +kept in any structure except in a kennel. +.IP " 2." 4 +It is unlawful for any person to have, run, maintain or operate any +kennel or any place for the sale, exchange, breeding or training of pet +animals within the city except in accordance with the zoning ordinance. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code" -A "\c" \ + -- "Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, Are In Violation Of Code" +\& +.IP " 1." 4 +No person shall keep any animal which causes frequent or long-continued +noise so as to disturb the comfort or repose of any reasonable person in +the vicinity. +Any violation of this section is declared to be a nuisance and as such +may be abated. +.IP " 2." 4 +Any person with knowledge thereof may file a complaint in the municipal +court against the owner or keeper of an animal which disturbs the +comfort or repose of any reasonable person in the vicinity or which is +in violation of this chapter. +If the court finds that an animal is a nuisance or in violation of this +chapter, then the court may order the owner or keeper to prevent and +abate the nuisance, or order the animal impounded with the owner or +keeper to pay impoundment costs, or order punishment as provided in +paragraph C below. +.IP " 3." 4 +1) Upon a first conviction for violation of this section, such violation +shall be punishable by a maximum fine of $500.00 plus court costs. +2) Upon a second conviction within a twelve month period for conviction +of a violation of this section, such violation shall be punishable by a +minimum fine of $250.00 up to a maximum of $500.00 plus court costs. +3) Upon a third and all subsequent convictions within a twelve month +period for violation of this section, such violation shall be punishable +by a minimum fine of $400.00 up to a maximum of $500.00 plus court +costs. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785234_Ordinance%20965.21.pdf" -A "\c" \ + -- "965(21)" +\& on 3/1/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals" -A "\c" \ + -- "Sec 4-109 Keeping Of Wild Or Exotic Animals" +\& +.IP " 1." 4 +For the purpose of this section, a wild or exotic animal means an animal +which is usually not a domestic animal and which can normally be found +in the wild state, with or without mean or vicious propensities, +including, but not limited to, lions, tigers, leopards, panthers, bears, +wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, +and all forms of poisonous or large snakes, including those considered +dangerous, such as boas and pythons, lynxes, raccoons, skunks, monkeys +and like animals. +.IP " 2." 4 +It is unlawful to keep or harbor any wild or exotic animal in the city +limits as a pet or for display or for exhibition purposes, whether +gratuitously or for a fee, except as provided in this section. +.IP " 3." 4 +This section shall not apply to zoological parks or zoos, performing +animal exhibitions, circuses, educational or medical institutions in +accordance with any applicable regulations of the council. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal" -A "\c" \ + -- "Sec 4-110 Pasturing In Public Areas Illegal" +\& +.LP +It is unlawful for any person to pasture any animal on any public +property or private property without the consent of the person owning or +controlling the property. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals" -A "\c" \ + -- "Sec 4-111 Riding On Streets; Racing Animals" +\& +.IP " 1." 4 +No person shall ride or lead any horse or other animal or drive any +wagon, carriage or other vehicle on the streets in the business district +or intensive residential district without a permit as may be issued by +the city manager. +.IP " 2." 4 +It is unlawful for any person to race any animal or recklessly ride an +animal on or over any street or on any public grounds in the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees" -A "\c" \ + -- "Sec 4-112 Keeping Of Bees" +\& +.LP +No person shall keep or permit the keeping of bees or for any person to +own, harbor or possess a beehive unless zoned A1 or A2. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps" -A "\c" \ + -- "Sec 4-113 Use Of Metal Traps" +\& +.IP " 1." 4 +The use of metal traps is hereby prohibited inside the city, unless such +traps are used in accordance with the provisions of this section. +.IP " 2." 4 +For purposes of this section, the term \[dq]metal trap\[dq] is defined +as a metal clamping device which is made of metal generally used for the +purpose of trapping animals, which device has metal jaws which close +upon the animal so as to trap the animal between the jaws of the trap. +.IP " 3." 4 +Metal traps as defined in this section may be used only by individuals +currently in possession of a nuisance wildlife control operator permit +through ODWC. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer" -A "\c" \ + -- "Sec 4-114 Refusal To Deliver Animal To Animal Control Officer" +\& +.LP +No person shall refuse to deliver up to the animal control officer an +animal when requested to do so under the provisions of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals" -A "\c" \ + -- "Sec 4-115 Feeding Of Wild Animals" +\& +.IP " 1." 4 +Purpose. +The intent of this section is to protect the health, safety, and welfare +of the community and its wildlife by prohibiting the feeding of wild +animals and waterfowl on public and private property within the +corporate limits of the City of Moore. +The feeding of waterfowl and other wild animals increases the potential +for damage to public parks and private property. +It also elevates the potential for the spread of disease in people and +companion animals. +In addition, it is the intent of this section to protect the welfare of +the waterfowl and wild animals themselves. +Wildlife studies have shown that feeding waterfowl and other wild +animals can interrupt their normal migration patterns, can make them +more aggressive in demanding food, cause nutritional problems, expose +them and our citizens to danger by eliminating the animals\[cq] natural +fear of predators, and promote the spread of diseases and +disease-carrying parasites.\ +.IP " 2." 4 +Definitions. +As used in this section, the following terms shall have the meanings +indicated: +.RS 4 +.IP " 1." 4 +BIRD FEEDER. +A container, receptacle or apparatus designed for the feeding of +songbirds or other backyard birds. +.IP " 2." 4 +FEED. +To give, place, expose, deposit, distribute or scatter any edible +material which can be utilized for consumption by wild animals. +Feeding does not include legal baiting for the legal taking of fish +and/or game. +.IP " 3." 4 +PERSON. +Any individual, corporation, company, partnership, firm, association, or +political subdivision of this state subject to municipal jurisdiction. +.IP " 4." 4 +WATERFOWL. +Wildfowl of the order Anseriformes, especially members of the family +Anatidae which includes any bird that swims, frequents the water, or +lives about rivers, lakes, or other bodies of water, including but not +limited to ducks, geese, swan and gulls. +.IP " 5." 4 +WILD ANIMAL. +Any animal, which is usually not a domestic animal and which can +normally be found in the wild state, with or without mean or vicious +propensities, including, but not limited to, coyotes, deer, leopards, +panthers or other feral cats, bears, wolves, foxes, groundhogs, +squirrels, chipmunks, mice, rats, rabbits, opossums, raccoons, skunks, +and waterfowl.\ +.RE +.IP " 3." 4 +Prohibitions: +.RS 4 +.IP " 1." 4 +No person shall purposely or knowingly, feed or in any manner provide +access to food to any wild animal or waterfowl within the corporate +limits of the City, on lands either publicly or privately owned. +Feeding does not include baiting in the legal taking of fish and/or +game. +.IP " 2." 4 +Feeding of songbirds and other backyard birds, not including waterfowl, +shall be permitted outdoors at such times and in such a manner that: +.RS 4 +.IP " 1." 4 +The feeding does not create an unreasonable disturbance with wildlife; +.IP " 2." 4 +Any feed must be placed within a bird feeder with a maximum volume of +not more than one cubic foot, placed at least four feet above ground; +.IP " 3." 4 +Bird feeders are placed where wildlife other than songbirds and backyard +birds are unable to eat from them and do not become an attractant for +wild animals. +.RE +.RE +.IP " 4." 4 +PENALTY: Any person violating any of the provisions of this section +shall, upon conviction thereof, be punished as provided in Section +1-108. +.br +.LP +.br +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1014.22.pdf" -A "\c" \ + -- "1014.22" +\& on 7/18/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1B REGISTRATION AND VACCINATION OF ANIMALS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags" -A "\c" \ + -- "Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; Tags" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets" -A "\c" \ + -- "Sec 4-122 Registration Of Animal Pets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register" -A "\c" \ + -- "Sec 4-123 Register" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags" -A "\c" \ + -- "Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit Tags" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags" -A "\c" \ + -- "Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; Tags" +\& +.IP " 1." 5 +No person shall own, keep or harbor any dog or cat within the city +limits unless such dog or cat four months of age or older is vaccinated +for rabies. +.IP " 2." 5 +Unless the owner of any dog or cat furnishes written proof that the dog +or cat has been vaccinated for rabies by a licensed veterinarian in the +past 12 months, the owner shall be guilty of an offense. +.IP " 3." 5 +Inoculation must be by or under the supervision of a person licensed to +practice veterinary medicine in the state or other states. +.IP " 4." 5 +Inoculation must be with a vaccine approved by the United States +Department of Agriculture to prevent rabies. +Rabies vaccine currently licensed by the United States Department of +Agriculture will be recognized in the city for a one year immunization +period. +New vaccines which may be approved by the United States Department of +Agriculture will be recognized as complying with this chapter. +.IP " 5." 5 +Ten days shall be permitted for an owner to secure revaccination of his +dog or cat after the previous time has lapsed. +.IP " 6." 5 +Every veterinarian, after vaccinating a dog or cat for rabies, shall +issue a legible certificate, one copy to be retained by the veterinarian +and one copy to be retained by the animal owner, who, upon request, +shall show the certificate to the city. +Such certification shall include the following information: +.RS 5 +.IP " 1." 4 +Owner\[aq]s full name, address, zip code and telephone number; +.IP " 2." 4 +Breed, date of birth, sex and color or marking of the dog or cat; +.IP " 3." 4 +Type of vaccine and duration of immunity; +.IP " 4." 4 +Signature of the veterinarian or other authorized person administering +the vaccination; and +.IP " 5." 4 +Name of the animal, if applicable. +.RE +.IP " 7." 5 +When a veterinarian vaccinates a dog or cat against rabies, he shall +issue to the owner of such dog or cat a metal tag or certificate +evidencing such vaccination and the year of vaccination. +.IP " 8." 5 +It shall be the duty of the owner of the dog or cat to attach the tag or +certificate issued to him pursuant to subsection (G) of this section to +the dog or cat and it shall be unlawful for any person to remove such +tag or certificate without the owner\[aq]s consent. +.IP " 9." 5 +No person shall provide a facsimile or deface or change the tag or +vaccination certificate issued in any way which shall make or cause the +tag to appear valid for a longer period of time than originally +intended. +.IP " 10." 5 +A tag or rabies vaccination certificate shall not be transferred from +the dog or cat for which it was issued to any other dog or cat. +.LP +\f[B]State Law reference\f[R]\[em] City\[aq]s power to regulate dogs, 11 +O.S. +§ 22-115. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets" -A "\c" \ + -- "Sec 4-122 Registration Of Animal Pets" +\& +.LP +Every person owning or harboring within the city any dog, cat, or ferret +over the age of four months shall pay an annual tax in such sums as set +by the council by motion or resolution for each male or spayed female, +and for each unspayed female, owned or harbored. +The license shall become due and payable annually with documentation of +current rabies vaccination. +The animal control shelter or his designee shall issue his receipt to +the payee, which shall show the date and the amount of the payment, the +age as stated by the owner, and the kind, size, color and breed of the +dog or cat. +The pet tax receipt as herein provided shall operate as a license to +own, keep or harbor the dog or cat. +No such license shall be issued until the provisions of this chapter +relating to vaccination shall have been complied with and certified to +the clerk. +This section shall not apply to animals kept by licensed veterinarians +or in veterinary clinics in the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register" -A "\c" \ + -- "Sec 4-123 Register" +\& +.LP +It is the duty of the animal control officer of the city to keep a +register of all pet animal licenses in the city pursuant to the +provisions of this article. +Such register shall show the date of the issuance of the license, its +date of expiration, the name of the owner or the person in whose name +the license is issued and shall designate the sex of the pet animal and +as nearly as possible the kind, age, size, color and breed of the animal +pet. +The register shall also show the date of the vaccination and by whom +vaccinated. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags" -A "\c" \ + -- "Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit Tags" +\& +.IP " 1." 4 +The owner of a dog shall cause the tag received from the city to be +affixed to the collar of the dog upon which the tax has been paid so +that the tag can easily be seen by officers of the city. +The owner shall see that the tag is so worn by the dog at all times. +The owner of a cat shall not be required to place the tag on a cat. +.IP " 2." 4 +If the tag is lost before the end of the year for which it was issued, +the owner may secure another for the animal by applying to the animal +shelter, presenting to him the original receipt and paying a fee as set +by the council. +.IP " 3." 4 +No person shall counterfeit or attempt to counterfeit any tag issued for +a dog or cat as provided herein, or take from any dog a tag legally +placed upon it, or place such tag upon a dog for which the tag was not +specifically issued. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS" -A "\c" \ + -- "ARTICLE 4-1C IMPOUNDMENT REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals" -A "\c" \ + -- "Sec 4-131 Impoundment Record, Disposition Of Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers" -A "\c" \ + -- "Sec 4-132 Breaking Open Shelter; Or Interfering With Officers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees" -A "\c" \ + -- "Sec 4-133 Animal Shelter Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal" -A "\c" \ + -- "Sec 4-134 Redemption Of Animal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals" -A "\c" \ + -- "Sec 4-135 Disposition Of Impounded Animals" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals" -A "\c" \ + -- "Sec 4-131 Impoundment Record, Disposition Of Animals" +\& +.IP " 1." 4 +The city may contract with an outside agency to serve as the city\[aq]s +animal shelter or pound to provide for the impoundment of animals +pursuant to this chapter. +.IP " 2." 4 +Any animal kept as a house pet found running at large shall be picked up +and immediately impounded in the animal shelter and there confined in a +humane manner. +.IP " 3." 4 +The city animal control officer, upon receiving an animal for +impoundment which has been registered in accordance with this chapter, +shall record or cause to be recorded the description, breed, color and +sex of the animal and the name and address of the owner as may be shown +on applicable city animal control records. +If the owner is known, the officer shall: +.RS 4 +.IP " 1." 4 +Notify the owner at the address shown on city records; or +.IP " 2." 4 +Leave a notice with a member of the owner\[aq]s family, or other person +residing at the owner\[aq]s home, as shown in the city\[aq]s records, +over the age of 15 years, to notify the owner that unless reclaimed +within five days after impoundment, Sundays and city holidays excluded, +the animal will be destroyed or otherwise disposed of. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers" -A "\c" \ + -- "Sec 4-132 Breaking Open Shelter; Or Interfering With Officers" +\& +.IP " 1." 4 +If any person breaks open, or in any manner directly or indirectly aids +in, or counsels or advises the breaking open of any city shelter or +contract shelter, or hinders, delays or obstructs any person duly +authorized in taking up or taking to the city shelter any animal liable +to be impounded, he shall be guilty of an offense. +.IP " 2." 4 +No person shall interfere with, or hinder, or molest any agent of the +city in the performance of any duty of such agent, or seek to release +any animal in the custody of the city or its agents, except as provided +by law. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees" -A "\c" \ + -- "Sec 4-133 Animal Shelter Fees" +\& +.IP " 1." 4 +Fees for impounding and keeping an animal, to be paid upon redemption, +are as set by the city council by motion or resolution. +In computing a fee, a fraction of a day during which an animal or fowl +has been fed shall be deemed a full day. +.IP " 2." 4 +Any person redeeming an impounded animal or fowl shall pay the fees to +the person in charge of the animal shelter before the latter releases +the animal or fowl. +.IP " 3." 4 +Any person redeeming a dog or any other animal or fowl not licensed as +required by this Code shall pay the required license tax to the animal +shelter and secure a tag or other evidence of such payment and present +the tag or receipt therefor to the person in charge of the animal +shelter before the latter releases the animal or fowl. +If the animal or fowl has been licensed but is not wearing the tag, the +person in charge of the animal shelter shall require adequate evidence +of the proper licensing of the animal or fowl before releasing it. +.IP " 4." 4 +Any dog not vaccinated against rabies being held or impounded by the +city shall not be released to the owner or any other person without +proof of current vaccination against rabies or without paying a deposit +in such sum as is set by the city, which deposit shall be refunded to +the person putting up the same upon proof of current vaccination being +shown to the animal control officer within 72 hours of the release of +the animal. +If such proof is not presented, then the animal control officer may +retake the animal into custody and deposit the deposit with the city +treasurer to be retained as expenses of taking the animal into custody. +.IP " 5." 4 +In addition to the above fees, any person leaving an animal with the +shelter shall pay a fee as set by the council. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal" -A "\c" \ + -- "Sec 4-134 Redemption Of Animal" +\& +.LP +An owner of an impounded animal or his agent may redeem the animal prior +to its sale or destruction as provided for herein by paying the required +fees against the animal and meeting any other requirements which may be +prescribed in this chapter. +If the owner or his agent has not redeemed the animal within the first +five days after the impoundment of the animal, excluding Sundays and +holidays, the animal may be otherwise disposed of as provided for +herein. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals" -A "\c" \ + -- "Sec 4-135 Disposition Of Impounded Animals" +\& +.IP " 1." 4 +Dogs and cats may be released from the animal shelter for adoption if +the owner of the animal has not claimed the animal within the time +specified in this chapter and paid all fees required to secure its +release. +If the animal has not been surgically spayed or neutered, the adopting +person shall pay a fee, as established by the fee schedule, for the +spaying or neutering of the animal prior to adoption. +The city may enter into agreements with private releasing agencies for +the purpose of arranging animal adoptions. +If the animal to be released is placed with a private releasing agency +prior to final adoption, and the releasing agency requires sterilization +prior to final adoption, the private releasing agency shall not be +required to make a sterilization deposit. +.IP " 2." 4 +Any animal for which the owner is known and notice has been provided in +this chapter, or for which the owner is unknown or cannot be ascertained +by the animal control officer, shall be destroyed after the lapse of +five days if not adopted as provided in this section. +.IP " 3." 4 +The proceeds of any animal adopted shall be deposited with the city +treasurer. +The individual adopting an animal through the procedure provided for in +this section shall acquire absolute title to the animal adopted. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1D CRUELTY TO ANIMALS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals" -A "\c" \ + -- "Sec 4-141 Cruelty To Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals" -A "\c" \ + -- "Sec 4-142 Poisoning Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight" -A "\c" \ + -- "Sec 4-143 Encouraging Animals To Fight" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment" -A "\c" \ + -- "Sec 4-144 Keeping Of Animals; Mistreatment, Abandonment" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals" -A "\c" \ + -- "Sec 4-141 Cruelty To Animals" +\& +.LP +It is unlawful for any person, willfully and maliciously, to pour on, or +apply to, any animal any drug or other thing which will inflict pain on +the animal; or to knowingly treat an animal in a cruel or inhumane +manner; or to knowingly neglect an animal belonging to him or in his +custody in a cruel or inhumane manner. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1685. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals" -A "\c" \ + -- "Sec 4-142 Poisoning Animals" +\& +.LP +No person shall feed or place so as to constitute a direct or obvious +hazard to man or animal or shall offer or tempt any dog or pet animal +with any liquid, meat or food product which shall: +.IP " 1." 4 +Cause prostration, convulsion, pain or suffering as a prelude to death; +.IP " 2." 4 +Cause death; +.IP " 3." 4 +Be proven to be toxic or lethal in the amount present to any man or +domestic animal by competent medical or veterinary authority. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1681. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight" -A "\c" \ + -- "Sec 4-143 Encouraging Animals To Fight" +\& +.LP +It is unlawful for any person to instigate or encourage a fight between +animals or to encourage one animal to attack, pursue or annoy another +animal except a noxious, nondomesticated animal, or to keep a house, pit +or other place used for fights between animals. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1696. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment" -A "\c" \ + -- "Sec 4-144 Keeping Of Animals; Mistreatment, Abandonment" +\& +.IP " 1." 4 +All dogs, cats and other animals kept as house pets within the city +limits shall be housed, fed and protected from the weather in such a +manner as not to create a nuisance. +.IP " 2." 4 +No person shall willfully or maliciously: +.RS 4 +.IP " 1." 4 +Torture, cruelly beat, injure, maim, mutilate or unjustly destroy or +kill any animal belonging to himself or to another; +.IP " 2." 4 +Deprive any animal of food, drink or shelter or leave it confined +without adequate shelter for more than 15 minutes at a time exposed to +inclement weather. +Inclement weather shall be defined as less than 32 degrees Fahrenheit or +greater than 90 degrees Fahrenheit; +.IP " 3." 4 +Unjustly administer any poison or noxious drug or substance to any +animal; +.IP " 4." 4 +Unjustly expose any drug or substance with the intent that the same +shall be taken by an animal, whether such animal is the property of that +owner or another person; +.IP " 5." 4 +Cause any other person to do any of the above acts; or +.IP " 6." 4 +Abandon an animal on any private or public property in the city, +including at the animal control shelter when no employees are present to +receive the animal. +.RE +.IP " 3." 4 +If an animal is found by the animal control officer to be in one of the +above-described conditions, the officer may issue a citation to the +offender and shall issue a notice to the offender warning him that if +the animal\[aq]s condition is not improved, another citation may be +issued. +.IP " 4." 4 +If within three days the condition of the animal is not improved to the +satisfaction of the animal control officer, a citation shall be issued. +.IP " 5." 4 +No dogs, cats or other animals shall be confined within or on a motor +vehicle under such conditions as may endanger the health or well-being +of the animal, including, but not limited to, dangerous temperatures, or +lack of food or water. +.IP " 6." 4 +Owners and keepers of dogs, cats and other animals shall provide food, +shelter and medical attention to such animals, including, but not +limited to, the following: +.RS 4 +.IP " 1." 4 +Sufficient wholesome food that is nutritious for the species; +.IP " 2." 4 +Fresh, potable drinking water; +.IP " 3." 4 +Medical attention to relieve such animals from suffering; +.IP " 4." 4 +Shelter to allow the animal to remain dry and protected from the +elements. +Such shelter shall be fully enclosed on three sides, roofed and have a +solid floor. +The entrance to the shelter shall be flexible to allow the animal\[aq]s +entry and exit, and sturdy enough to block entry of wind or rain. +The shelter shall be small enough to retain the animal\[aq]s body heat +and large enough to allow the animal to stand and turn comfortably. +The enclosure shall be structurally sound and in good repair. +Bedding shall be provided; and +.IP " 5." 4 +Any animal kept on a chain or rope shall be placed so that it cannot +become entangled with the restraints of other animals or with any other +objects. +The chain or rope shall be of sufficient length to allow the animal +complete access to shelter at all times. +The chain shall be attached in a manner so as not to cause injury or +discomfort to the animal. +In the case of dogs, the chain or rope shall be at least three times the +length of the dog as measured from the tip of the nose to the base of +the tail. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES" -A "\c" \ + -- "ARTICLE 4-1E RABIES AND ANIMAL BITES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine" -A "\c" \ + -- "Sec 4-161 Animal Bites; Rabies Examination; Quarantine" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit" -A "\c" \ + -- "Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time Limit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited" -A "\c" \ + -- "Sec 4-163 Killing Or Removing Rabid Animal Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian" -A "\c" \ + -- "Sec 4-164 Reports Of Bite Cases; Report By Veterinarian" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter" -A "\c" \ + -- "Sec 4-165 Investigations For Violation Of Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records" -A "\c" \ + -- "Sec 4-166 Records" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine" -A "\c" \ + -- "Sec 4-161 Animal Bites; Rabies Examination; Quarantine" +\& +.IP " 1." 4 +Every animal that bites or scratches a person shall be reported within +immediately to the animal control officer and shall thereupon be +securely quarantined at a veterinarian hospital for a period of ten days +from the date the person was bitten, and shall not be released from such +quarantine except by permission of the animal control officer of the +city and the veterinarian in charge of the quarantined animal. +Such quarantine may be at any veterinarian hospital chosen by the owner. +Failure of the owner or keeper to quarantine his animal within the +four-hour period herein will make him guilty of an offense. +.IP " 2." 4 +The owner, upon demand by any city officer or animal control officer, +shall surrender any animal that has bitten or scratched a human, or +which is suspected as having been exposed to rabies, for supervised +quarantine testing or euthanasia, the expense for which shall be borne +by the owner; and the animal may be reclaimed by the owner if adjudged +free of rabies. +.IP " 3." 4 +In addition to powers granted by this section and section 4-165, the +animal control officer may impound in the animal shelter or a veterinary +hospital at the owner\[aq]s expense any animal, whether on public or +private property, which has bitten or scratched pursuant to this +chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit" -A "\c" \ + -- "Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time Limit" +\& +.IP " 1." 4 +When an animal under quarantine has been diagnosed as being rabid, or +suspected by a licensed veterinarian as being rabid, and dies while +under such observation, the animal control officer or veterinarian shall +immediately send the head of such animal to the state health department +for pathological examination, and shall notify the proper public health +officer of reports of human contacts and diagnosis made of the suspected +animal. +.IP " 2." 4 +When a report shows a positive diagnosis of rabies, the city manager or +the city manager\[aq]s designee, under advisement from the state health +department and animal control authority of the city, may recommend a +citywide quarantine for a period of six months; and upon the invoking of +such quarantine, no animal shall be taken into the streets or permitted +to be in the streets during such period of quarantine. +During such quarantine, no animal shall be taken or shipped from the +city without written permission of the city manager or the city +manager\[aq]s designee. +.IP " 3." 4 +During such period of rabies quarantine as herein designated, every +animal bitten by an animal adjudged to be rabid shall be treated for +such rabies infection by a licensed veterinarian, and be held under six +months quarantine by the owner in the same manner as other animals are +quarantined. +.IP " 4." 4 +In the event there are additional positive cases of rabies occurring +during the period of quarantine, such period of quarantine may be +extended for an additional six months. +.IP " 5." 4 +The regulations of the state department of health, and all amendments +thereto, relating to quarantine and rabies are adopted herein by +reference. +.LP +\f[B]State Law reference\f[R]\[em] State quarantine of animals, 63 O.S. +§ 1-508. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited" -A "\c" \ + -- "Sec 4-163 Killing Or Removing Rabid Animal Prohibited" +\& +.IP " 1." 4 +No person shall kill or cause to be killed any rabid animal, any animal +suspected of having been exposed to rabies, or any animal biting or +scratching a human, except as herein provided, nor to remove the animal +from the city limits without written permission from the health officer +of the city, or the animal control officer. +.IP " 2." 4 +The carcass of any dead animal exposed to rabies shall, upon demand, be +surrendered to the animal control officer. +.IP " 3." 4 +The animal control officer shall direct the disposition of any animal +found to be infected with rabies. +.IP " 4." 4 +No person shall fail or refuse to surrender any animal for quarantine or +destruction as required herein when demand is made therefor by an +employee empowered to enforce this chapter. +Such refusal shall be deemed an offense. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian" -A "\c" \ + -- "Sec 4-164 Reports Of Bite Cases; Report By Veterinarian" +\& +.IP " 1." 4 +It is the duty of every physician, veterinarian or other practitioner to +report to the animal control officer the names and addresses of persons +treated for bites inflicted by animals, together with such other +information as will be helpful in rabies control. +.IP " 2." 4 +It is the duty of every licensed veterinarian to report to the animal +control officer his diagnosis of any animal observed by him to be a +rabid suspect. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter" -A "\c" \ + -- "Sec 4-165 Investigations For Violation Of Chapter" +\& +.IP " 1." 4 +For the purpose of discharging the duties imposed by this chapter and to +enforce its provisions, the animal control or health officers are +empowered to call upon the residents of any premises upon which a dog or +cat or small animal is kept or harbored, and to demand the exhibition by +the owner of such dog or cat or small animal. +.IP " 2." 4 +The animal control officer, in the manner authorized by law, may enter +the premises where any animal is kept in a reportedly cruel or inhumane +manner and demand to examine such animal, and to take possession of such +animal when, in his opinion, it requires humane treatment. +The officer may demand, at the front door of any residence, exhibition +by the owner of current animal licenses at any time. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records" -A "\c" \ + -- "Sec 4-166 Records" +\& +.LP +The animal control officer shall keep or cause to be kept: +.IP " 1." 4 +An accurate and detailed record of the licensing, impounding and +disposition of all animals coming into his custody; and +.IP " 2." 4 +An accurate and detailed record of all bite cases reported to the city, +with a complete report of the investigation of each case. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS" -A "\c" \ + -- "ARTICLE 4-1F VICIOUS ANIMALS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals" -A "\c" \ + -- "Sec 4-171 Court Proceedings Against Vicious Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines" -A "\c" \ + -- "Sec 4-172 Duty To Register Incoming Vicious Canines" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility" -A "\c" \ + -- "Sec 4-173 Owner\[aq]s Responsibility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply" -A "\c" \ + -- "Sec 4-174 Actions On Failure To Comply" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked" -A "\c" \ + -- "Sec 4-175 Exemptions For Canines That Are Provoked" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint" -A "\c" \ + -- "Sec 4-176 Affidavit Of Complaint" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing" -A "\c" \ + -- "Sec 4-177 Determination Hearing" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals" -A "\c" \ + -- "Sec 4-171 Court Proceedings Against Vicious Animals" +\& +.LP +The owner or keeper of any animal alleged to be vicious or in violation +of this chapter may be charged in municipal court after a complaint has +been duly filed therein by any person having knowledge thereof. +If the court finds that the animal is a vicious animal as defined this +article, the court shall order that the animal be confiscated and +destroyed or confiscated until the owner or keeper complies with the +provisions of this article within 30 working days of the judgement. +The judge may additionally order that the owner or keeper comply with +other preventive measures. +A preventive measure shall not include the animal being removed from the +city limits. +The animal will be held at the animal shelter until such time as the +owner or keeper reaches compliance. +Should the owner or keeper fail to comply by the designated date, the +owner or keeper, after paying a fee as established in the fee schedule, +shall relinquish ownership or custody of the animal to the animal +shelter and said animal will be destroyed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines" -A "\c" \ + -- "Sec 4-172 Duty To Register Incoming Vicious Canines" +\& +.LP +If any canine that has previously been deemed vicious from another +jurisdiction enters the City of Moore, the owner of such canine shall +abide by the same criteria and responsibilities as if the canine was +deemed vicious by the City of Moore and shall within ten days of +entering the city, notify animal control of the canines presence. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility" -A "\c" \ + -- "Sec 4-173 Owner\[aq]s Responsibility" +\& +.LP +While on the owner\[aq]s property, the canine must be securely confined +indoors or, while outside, in a securely enclosed and locked pen or +structure suitable to prevent entry and designed to prevent the animal +from escaping. +Such an enclosure must have minimum dimensions of five feet by ten feet +and must be at least six feet high. +Such enclosure must have secure sides and a secure top. +If it has no bottom secured to the sides, the sides must be embedded +into the ground no less than two feet. +The enclosure must also provide protection from the elements for the +canine. +Structures are subject to annual inspection. +.PP +The canine shall not be kept on a porch, patio or in any part of a house +or structure that would allow the dog to exit such building on its own +volition. +In addition, the canine shall not be kept in a house or structure when +the windows are open or when screen windows or screen doors are the only +obstacle preventing the dog from exiting the structure. +.PP +The canine may be off the owner\[aq]s premises if it is muzzled and +restrained by a substantial chain or leash not exceeding six feet in +length and under the control of a responsible person. +.PP +The owner of the canine shall within 30 days of determination; display +in a prominent place on his premises a sign easily readable by the +public using the words \[dq]Beware of Dog.\[dq] In addition, a similar +sign is required to be posted on the pen or structure of the canine. +.PP +The owner of the canine determined to be a vicious canine shall within +30 days of determination register the canine with the animal control +officer. +Registration shall be updated annually. +Registration must be accompanied by the following: +.IP " 1." 4 +Two color photographs of the canine clearly showing the color and +approximate size of the canine; +.IP " 2." 4 +The fees required for a dog license as set forth in this chapter, or +evidence of the fees having been paid; and +.IP " 3." 4 +An additional fee as set by the council for each vicious canine. +.LP +The owner of any canine determined to be vicious shall notify the animal +control officer immediately within 24 hours if a dangerous animal or +canine subject to registration as provided in this order is loose, +unconfined, has attacked another animal or livestock or has attacked a +human being, or has died. +.PP +Any canine declared vicious shall be spayed or neutered with 30 days of +such findings unless a duly licensed veterinarian provide documents to +the municipal court or animal control that medical conditions of the dog +contradict sterilization. +Such sterilization shall require removal of the reproductive organs. +Verification that sterilization has taken place shall be presented to +the municipal court or animal control by the licensed practicing +veterinarian performing the procedure. +.PP +Any canine declared vicious shall receive an identification microchip +implant within 30 days of the determination. +The microchip used must be implanted by licensed veterinarian. +It shall be a violation of the code for a microchip to be removed unless +it is for a medical reason and then only by a licensed practicing +veterinarian. +The animal control must be notified immediately of said removal. +.PP +The owner of any canine determined to be vicious shall obtain a policy +of liability insurance, such as homeowner\[aq]s insurance, or surety +bond, issued by an insurer qualified under Title 36 of the Oklahoma +Statutes in an amount not less than $100,000.00 insuring the owner for +any personal injuries inflicted by the vicious canine. +The owner shall provide proof of liability insurance to the Animal +Control Department of the City of Moore and shall provide updated +coverage annually for as long as the canine is within the city limits. +Failure to provide and maintain said insurance shall result in +impoundment of the canine and possible euthanasia. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601747214_Ordinance%20No.%20821%20(16).pdf" -A "\c" \ + -- "821(16)" +\& on 5/16/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply" -A "\c" \ + -- "Sec 4-174 Actions On Failure To Comply" +\& +.LP +Any owner of a canine that fails to comply with the responsibilities set +forth in section 4-173 above shall, upon conviction in court, be +punished as provided in section 1-108. +In addition to the fine imposed, the court may sentence the defendant to +imprisonment for a period not to exceed ten days and canine may be +impounded and destroyed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked" -A "\c" \ + -- "Sec 4-175 Exemptions For Canines That Are Provoked" +\& +.LP +No canine may be declared vicious if the threat, injury or damage was +initiated by a person who, at the time, was committing a willful +trespass or other tort upon the premises occupied by the owner or keeper +of the canine, or was teasing, tormenting, abusing or assaulting the +canine, or has, in the past, been observed or reported to have teased, +tormented, abused or assaulted the canine or was committing or +attempting to commit a crime. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint" -A "\c" \ + -- "Sec 4-176 Affidavit Of Complaint" +\& +.LP +Upon receipt of an \[dq]Affidavit of Complaint\[dq] signed by one or +more residents of the city made under oath before an individual +authorized by law to take sworn statements, setting forth the nature and +the date of the act, the owner of the canine, the address of the owner +and the description of the canine doing such act, the animal control +officer shall investigate the complaint to determine if in fact the +animal is vicious. +If after investigation, the animal control officer determines the animal +may be vicious, a citation shall be issued for a determination hearing +and the animal control officer shall take possession of the alleged +vicious animal for immediate impound. +The owner or keeper of the alleged vicious animal may make arrangements +to house the animal at a licensed veterinarian facility at the +owner/keepers expense. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing" -A "\c" \ + -- "Sec 4-177 Determination Hearing" +\& +.IP " 1." 4 +A determination hearing shall be conducted by the municipal judge +whenever there is cause to believe that a dog may be a vicious canine. +The hearing shall be conducted within ten days of serving notice to the +owner either by delivering a copy of the notice or summons personally to +the owner of the canine or by leaving copies thereof at the owners +dwelling house or usual place of abode with some person then residing +therein who is 15 years of age or older or by certified mail and may be +held in conjunction with any criminal proceedings if so ordered by the +municipal judge. +In no event shall there be a delay of more than ten days in conducting +the hearing on determination of viciousness. +.IP " 2." 4 +Pending the outcome of the hearing, the canine must be securely confined +in a humane manner at the animal control shelter or with a licensed +veterinarian. +.IP " 3." 4 +The municipal judge shall determine whether to declare the canine to be +a vicious canine based upon evidence and testimony presented at the time +of the hearing by the owner, witnesses to any incident which may be +considered germane to such a determination, animal control personnel, +police or any other person possessing information pertinent to such +determination. +.IP " 4." 4 +The judge shall issue written findings within five days after the +determination hearing. +The owner has the right to appeal the decision to the district court. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY" -A "\c" \ + -- "ARTICLE 4-1G PENALTY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty" -A "\c" \ + -- "Sec 4-181 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty" -A "\c" \ + -- "Sec 4-181 Penalty" +\& +.LP +In addition to other remedies provided in this chapter, any person +violating any of the provisions of this chapter shall, upon conviction +thereof, be punished as provided in section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ + -- "944(20)" +\& on 6/15/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_5_BUILDING_REGULATIONS_AND_CODES" -A "\c" \ + -- "PART 5 BUILDING REGULATIONS AND CODES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ + -- "CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND INSURANCE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS" -A "\c" \ + -- "CHAPTER 5-2 BUILDING CODE AND REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS" -A "\c" \ + -- "CHAPTER 5-3 PLUMBING CODE AND REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE" -A "\c" \ + -- "CHAPTER 5-4 ELECTRIC CODE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE" -A "\c" \ + -- "CHAPTER 5-5 MECHANICAL CODE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES" -A "\c" \ + -- "CHAPTER 5-6 GAS CODE AND PIPELINES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING" -A "\c" \ + -- "CHAPTER 5-7 FAIR HOUSING" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES" -A "\c" \ + -- "CHAPTER 5-8 OUTDOOR LIGHT FIXTURES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE" -A "\c" \ + -- "CHAPTER 5-9 FUEL GAS CODE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS" -A "\c" \ + -- "CHAPTER 5-10 ROOFING CONTRACTORS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS" -A "\c" \ + -- "CHAPTER 5-11 STORM SHELTERS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] General authority to regulate +buildings, 11 O.S. +§ 21-101. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ + -- "CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND INSURANCE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ + -- "ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND INSURANCE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS" -A "\c" \ + -- "ARTICLE 5-1B PERMITS AND INSPECTIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS" -A "\c" \ + -- "ARTICLE 5-1C OTHER REGULATIONS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ + -- "ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND INSURANCE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen" -A "\c" \ + -- "Sec 5-101 License Required For Contractors And Journeymen" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified" -A "\c" \ + -- "Sec 5-102 Fees Specified" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License" -A "\c" \ + -- "Sec 5-103 Term Of Initial License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions" -A "\c" \ + -- "Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope Of License And Restrictions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen" -A "\c" \ + -- "Sec 5-101 License Required For Contractors And Journeymen" +\& +.LP +All contractors, journeymen and apprentices whose activities are +regulated by any of the city\[aq]s building, electrical, plumbing and +mechanical codes in this part are hereby required to obtain a license or +registration certificate from the city before engaging in regulated +activities. +.PP +(Code 1999, § 5-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified" -A "\c" \ + -- "Sec 5-102 Fees Specified" +\& +.LP +The fees for the registration certificates required shall be as set +forth in the fee schedule and may be amended from time to time by motion +or resolution of the council. +.PP +(Code 1999, § 5-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License" -A "\c" \ + -- "Sec 5-103 Term Of Initial License" +\& +.LP +The initial license or registration issued as provided for herein shall +be for a term of one year. +.PP +(Code 1999, § 5-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions" -A "\c" \ + -- "Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope Of License And Restrictions" +\& +.LP +No licensee shall engage in regulated activities beyond the scope of the +license or registration together with any restrictions placed thereon +issued to the licensee. +.PP +(Code 1999, § 5-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS" -A "\c" \ + -- "ARTICLE 5-1B PERMITS AND INSPECTIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits" -A "\c" \ + -- "Sec 5-111 Building Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits" -A "\c" \ + -- "Sec 5-112 Expiration Of Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits" -A "\c" \ + -- "Sec 5-113 Plumbing, Electrical, Mechanical And Other Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies" -A "\c" \ + -- "Sec 5-114 Applicability Of Permit Requirements To Federal And State Agencies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees" -A "\c" \ + -- "Sec 5-115 Schedule Of Permit And Inspection Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required" -A "\c" \ + -- "Sec 5-116 Prepayment For Fees Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application" -A "\c" \ + -- "Sec 5-117 Plans, Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits" -A "\c" \ + -- "Sec 5-118 Display Of Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation" -A "\c" \ + -- "Sec 5-119 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements" -A "\c" \ + -- "Sec 5-120 Exceptions From Permit Requirements" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits" -A "\c" \ + -- "Sec 5-111 Building Permits" +\& +.LP +Whenever any building, structure, facility, or other appurtenances, is +to be erected, constructed, altered, enlarged, improved, moved or +removed, as provided in the city\[aq]s building code, a building permit +shall be obtained from the city. +.PP +(Prior Code, § 5-66; Code 1999, § 5-121) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits" -A "\c" \ + -- "Sec 5-112 Expiration Of Permits" +\& +.LP +If the work described in any permit has not begun within 180 days from +the date of issuance thereof, the permit shall be cancelled by the +building official; and written notice thereof shall be given to the +persons affected. +A new permit must be obtained and the regular fee shall be collected. +.PP +(Prior Code, § 5-66, in part; Code 1999, § 5-122) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits" -A "\c" \ + -- "Sec 5-113 Plumbing, Electrical, Mechanical And Other Permits" +\& +.LP +Permits for plumbing, electrical or mechanical work, or other permits as +required and as defined by this Code, shall be obtained in accordance +with the terms of the respective city plumbing, electrical and +mechanical codes. +.PP +(Prior Code, § 5-66, in part; Code 1999, § 5-123) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies" -A "\c" \ + -- "Sec 5-114 Applicability Of Permit Requirements To Federal And State Agencies" +\& +.LP +The permit requirements of the codes adopted by this part shall be +applicable to agencies of the federal government, the state and +subdivisions of the state. +All fees prescribed for such permits shall be waived in such cases. +.PP +(Code 1999, § 5-124) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees" -A "\c" \ + -- "Sec 5-115 Schedule Of Permit And Inspection Fees" +\& +.LP +Before any permit shall be issued or any inspection shall be made, as +required by the city building or technical codes, the recipient of the +permit shall pay a fee in accordance with the schedules adopted by the +city council by motion or resolution. +A copy of the schedules shall be on file in the office of the city +clerk. +All references to inspection fees in the technical codes adopted by the +city are deleted when replaced by a fee in the fee schedule. +.PP +(Prior Code, § 5-68, in part; Code 1999, § 5-125) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required" -A "\c" \ + -- "Sec 5-116 Prepayment For Fees Required" +\& +.LP +All plumbers, electricians, and mechanical contractors shall prepay all +inspection fees prior to the time the work begins or shall deposit with +the city treasurer a sum which shall be retained by the city treasurer, +interest free, to be used to pay for inspection fees charged to such +licensee for inspections made at the request of such licensee. +A minimum opening balance for deposits shall be as established by +resolution. +No permit shall be issued or no inspection made if the contractor\[aq]s +prepaid account does not have a sufficient balance to cover the cost of +the requested inspection. +.PP +(Prior Code, §§ 5-1, 5-2; Code 1999, § 5-126; Ord. +No. +99(94), 11-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application" -A "\c" \ + -- "Sec 5-117 Plans, Application" +\& +.IP " 1." 4 +The applicant for permits shall file with the building department two +complete sets of plans and specifications at the time of application for +such permit or as otherwise required by the city. +Three complete sets are required for a restaurant. +.IP " 2." 4 +All approved plans shall be stamped with an approval stamp. +One set of plans for buildings so approved shall become a part of the +file of the city and an approved set of plans shall be kept upon the +site of the construction of the building. +No plans shall be approved that are not in compliance with the +ordinances of the city. +.IP " 3." 4 +All plans and drawings submitted shall be to scale and provide the +information on the form required by the city. +.IP " 4." 4 +It is unlawful to erase, alter or modify any plans bearing the approval +of the city without the consent of the city. +.IP " 5." 4 +Amendments to applications, plans and detail drawings may be made and +the city may approve them provided the applications, plans and detail +drawings, when so amended, shall be in conformity with the provisions of +the official building codes, and the requirements of the city in +relation thereto. +.IP " 6." 4 +Approval of plans shall not relieve the owner or his agent of +responsibility in complying with this article and the fact that any such +approved plans contain matter contrary to the provisions of this Code +shall not be held as a bar to its strict enforcement. +.LP +(Prior Code, §§ 5-55\[em]5-57; Code 1999, § 5-127) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits" -A "\c" \ + -- "Sec 5-118 Display Of Permits" +\& +.IP " 1." 4 +Permits issued shall be numbered and a corresponding number shall be +given to an identification card which shall be posted in a conspicuous +place on the face of the structure to be constructed, altered, enlarged, +repaired or removed, at all times during the course of work. +The building official is hereby authorized to direct the cessation of +all work on property upon which such a numbered identification card +evidencing the issuance of a permit is not posted. +.IP " 2." 4 +Failure to cease work in compliance with the directions of the building +official is hereby declared to be and constitute an offense punishable +as provided in section 1-108 for each day construction is continued in +violation of such direction. +.LP +(Prior Code, § 5-68; Code 1999, § 5-128) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation" -A "\c" \ + -- "Sec 5-119 Revocation" +\& +.LP +If the work in or about any building or structure shall be conducted in +violation of the provisions of this Code or the official building code, +the permit issued shall be revoked. +It is unlawful to continue the work until such violations shall have +been corrected to the satisfaction of the city. +.PP +(Prior Code, § 5-69; Code 1999, § 5-129) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements" -A "\c" \ + -- "Sec 5-120 Exceptions From Permit Requirements" +\& +.LP +Ordinary repairs of buildings or structures, or the plumbing drainage, +or piping thereof, the cost of which shall not exceed $500.00, may be +made without notice to the city, but such repairs shall not be construed +to include the removal of any stone, concrete or brick wall, or any +portion thereof; the removal or cutting of any beams or supports, or the +removal, change or closing of any stairway, or opening in the exterior +wall; the alteration or removal of any house sewer, or drainage system, +or soil waste or vent pipe or water or gas service line; or repairs or +alterations of light or power wiring. +.PP +(Prior Code, § 5-55, in part; Code 1999, § 5-130) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS" -A "\c" \ + -- "ARTICLE 5-1C OTHER REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction" -A "\c" \ + -- "Sec 5-131 Right To Enforce And Stop Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency" -A "\c" \ + -- "Sec 5-132 Cases Of Urgency" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings" -A "\c" \ + -- "Sec 5-133 Power To Make Rulings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department" -A "\c" \ + -- "Sec 5-134 Power To Call Upon Police Or Fire Department" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter" -A "\c" \ + -- "Sec 5-135 Power To Enter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty" -A "\c" \ + -- "Sec 5-136 Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts" -A "\c" \ + -- "Sec 5-137 Relief In The Courts" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents" -A "\c" \ + -- "Sec 5-138 Effect Of Violation By Corporate Officers And Agents" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates" -A "\c" \ + -- "Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, Certificates" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction" -A "\c" \ + -- "Sec 5-131 Right To Enforce And Stop Construction" +\& +.LP +The building official shall have the right to stop the construction of +any building or structure, or the alteration, repair or wrecking of the +same, if same is being done in a careless or reckless manner or in +violation of the provisions of this part. +.PP +(Prior Code, § 5-29; Code 1999, § 5-141) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency" -A "\c" \ + -- "Sec 5-132 Cases Of Urgency" +\& +.LP +Decisions of the building official in cases where failure to carry out +his orders would endanger life and property shall be absolute and final. +.PP +(Prior Code, § 5-31; Code 1999, § 5-142) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings" -A "\c" \ + -- "Sec 5-133 Power To Make Rulings" +\& +.LP +The building official shall have power to make rulings and pass upon +questions relating to the use of materials and methods of construction +to make such materials and methods protective of life and property and +in conformance with the intent and purpose of this part. +.PP +(Prior Code, § 5-32; Code 1999, § 5-143) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department" -A "\c" \ + -- "Sec 5-134 Power To Call Upon Police Or Fire Department" +\& +.LP +The building official shall have authority to call upon the police or +fire department in enforcing this part. +It shall be mandatory upon any member thereof to act in compliance with +and perform such duties as the building official may require. +.PP +(Prior Code, § 5-33; Code 1999, § 5-144) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter" -A "\c" \ + -- "Sec 5-135 Power To Enter" +\& +.LP +The building official may enter any building or structure whether +completed or in the course of construction for the purpose of making +inspections. +.PP +(Prior Code, § 5-34; Code 1999, § 5-145) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty" -A "\c" \ + -- "Sec 5-136 Penalty" +\& +.LP +Any person who shall engage in any business, trade, or vocation for +which a license, permit, certificate, or registration is required by +this part, without having a valid license, permit, certificate, or +certificate of registration as required, or who shall fail to do +anything required by this part or by any code adopted by this part, or +who shall otherwise violate any provision of this part or of any code +adopted by this part, or who shall violate any lawful regulation or +order made by any of the officers provided for in this part, shall be +guilty of an offense, and, upon conviction thereof, shall be subject to +punishment as provided in section 1-108. +.PP +(Prior Code, § 5-5; Code 1999, § 5-146) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts" -A "\c" \ + -- "Sec 5-137 Relief In The Courts" +\& +.LP +No penalty imposed by and pursuant to this part shall interfere with the +right of the city also to apply to the proper courts of the state for a +mandamus, an injunction, or other appropriate action against the person +violating this part. +.PP +(Prior Code, § 5-6; Code 1999, § 5-147) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents" -A "\c" \ + -- "Sec 5-138 Effect Of Violation By Corporate Officers And Agents" +\& +.LP +Violation of any of the terms or provisions of this part by any +corporation or association shall subject the officers and agents in +charge of the business of such corporation or association to the penalty +provided in this part. +.PP +(Prior Code, § 5-7; Code 1999, § 5-148) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates" -A "\c" \ + -- "Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, Certificates" +\& +.LP +Conviction under the provisions of this part shall be deemed just cause +for the revocation of any certificate or license which a person may have +or hold under the provisions of this part. +.PP +(Prior Code, § 5-8; Code 1999, § 5-149) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS" -A "\c" \ + -- "CHAPTER 5-2 BUILDING CODE AND REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE" -A "\c" \ + -- "ARTICLE 5-2A BUILDING CODE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS" -A "\c" \ + -- "ARTICLE 5-2B MOVING AND RELOCATING BUILDINGS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS" -A "\c" \ + -- "ARTICLE 5-2C SIGN CONTRACTORS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS" -A "\c" \ + -- "ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO COVERS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES" -A "\c" \ + -- "ARTICLE 5-2E FENCES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS" -A "\c" \ + -- "ARTICLE 5-2F SWIMMING POOLS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE" -A "\c" \ + -- "ARTICLE 5-2A BUILDING CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption" -A "\c" \ + -- "Sec 5-201 Adoption" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments" -A "\c" \ + -- "Sec 5-202 Amendments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-203 Provisions Declared To Be Minimum Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-204 Adoption Of The 2015 International Residential Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings" -A "\c" \ + -- "Sec 5-205 Smoke Detectors Required In Apartment Dwellings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer" -A "\c" \ + -- "Sec 5-206 Adoption Of Standard Specifications For The Construction Of Water And Sewer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications" -A "\c" \ + -- "Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway Specifications" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement" -A "\c" \ + -- "Sec 5-208 Enforcement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty" -A "\c" \ + -- "Sec 5-209 Liquefied Petroleum Gas Code Adopted, Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited" -A "\c" \ + -- "Sec 5-210 Private Water Wells Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System" -A "\c" \ + -- "Sec 5-211 House, Building Numbering System" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area" -A "\c" \ + -- "Sec 5-212 Building Standards For Construction Of Residential Dwellings Within Tornado Damage Area" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption" -A "\c" \ + -- "Sec 5-201 Adoption" +\& +.LP +There is hereby adopted that certain code known as the International +Building Code 2015, as amended and modified by the state uniform +building code commission pursuant to 59 O.S. +§ 1000.23, as the building code of the city for the control of buildings +and structures as herein provided, referred to herein as the +\[dq]building code.\[dq] Each and all of the regulations, provisions, +penalties, conditions and terms of the building code are hereby referred +to, adopted and made a part hereof as if fully set out in this Code, +with the additions, insertions, deletions and changes, if any, +prescribed herein. +Not less than one copy of this code is on file in the office of the +clerk. +.PP +(Code 1999, § 5-201; Ord. +No. +533(90), 7-2-1990; Ord. +No. +208(97), 10-6-1997; Ord. +No. +378(02), 8-19-2002; Ord. +No. +536(06), 2-21-2006; Ord. +No. +635(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf" -A "\c" \ + -- "737(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf" -A "\c" \ + -- "856(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments" -A "\c" \ + -- "Sec 5-202 Amendments" +\& +.IP " 1." 4 +The following additions, amendments or deletions are made to the +building code adopted herein: +.br +Section 101.1. +Insert: The City of Moore, Oklahoma. +.br +Section 107.3.4.1. +Insert at the end of section: Exception: Plans for additions of less +than 500 square feet to existing commercial structures or for any +commercial remodel where the structural design of the building is not +changed shall not be required to be prepared by a registered +professional architect or engineer licensed by the state. +.br +Section 109.2. +Refer: Those certain fees adopted by the city on September 7, 1997, and +as they may be amended from time by motion or resolution of the city +council. +.br +Section 113.1. +Insert: \[dq]Board of Adjustment.\[dq] +.br +Delete: \[dq]Board of Appeals.\[dq] +.br +Insert: at end of second sentence: The appeals procedure shall be as +specified in article B, sections 12-123 et seq., of the city\[aq]s +zoning ordinance. +.br +Section 114.4. +Delete entire section and insert: Penalties shall be set forth in +section 1-108 of the City Code. +.br +Section 1106.8. +Insert: Accessible parking spaces shall have a painted square blue field +and either a yellow or white international symbol of access in the field +and shall include a sign mounted within the specifications labeled in +the ADA Handbook 2010. +.IP " 2." 4 +Building foundation regulations. +In addition to the rules, regulations, and standards set forth in the +International Building Code, as adopted herein, the following additional +requirements are adopted and made a part of the building code of the +city: +.RS 4 +.IP " 1." 4 +\f[I]General\f[R]. +Stress analysis for any structural element considered by the building +official to be unsafe shall be submitted for approval. +.IP " 2." 4 +\f[I]Commercial foundations\f[R]. +The design of foundations for construction other than residential shall +be prepared and certified by a professional engineer registered in the +state and approved by the city. +.IP " 3." 4 +\f[I]Concrete slab floors\f[R]. +All concrete slab floors shall meet the following minimum standards: +.RS 4 +.IP " 1." 4 +All concrete slabs on grade shall be nominal four inches think on a +four-inch sand base. +.IP " 2." 4 +All concrete shall be minimum 2,500 psi compressive strength. +.IP " 3." 4 +It is recommended that all concrete slabs shall be reinforced with +66/.1010 wire mesh. +.IP " 4." 4 +All slabs on grade shall be either waterproof concrete or shall have +0.006 inch vapor barrier under slab. +.IP " 5." 4 +All concrete floors shall be a minimum of eight inches above finished +grade. +.RE +.RE +.LP +(Code 1999, § 5-202; Ord. +No. +533(90), 7-2-1990; Ord. +No. +208(97), 10-6-1997; Ord. +No. +378(02), 8-19-2002; Ord. +No. +536(06), 2-21-2006; Ord. +No. +635(08), 12-15-2008) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf" -A "\c" \ + -- "737(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf" -A "\c" \ + -- "856(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-203 Provisions Declared To Be Minimum Requirements" +\& +.LP +The provisions of the building code in their interpretation and +application shall be held to be minimum requirements adopted for the +promotion of public health, safety, and general welfare. +Wherever any of the provisions or requirements of the code are +inconsistent with the provisions of this Code or state statutes +presently existing or enacted in the future, the provisions or +requirements containing the most restrictive regulation shall apply and +govern. +.PP +(Code 1999, § 5-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-204 Adoption Of The 2015 International Residential Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.IP " 1." 4 +\f[I]Adoption\f[R]. +There is hereby adopted that certain code known as the International +Residential Code 2015, as amended and modified by the state uniform +building code commission pursuant to 59 O.S. +§ 1000.23, as the one- and two-family dwelling code of the city for the +control of buildings and structures as herein provided, referred to +herein as the \[dq]residential building code.\[dq] Each and all of the +regulations, provisions, penalties, conditions and terms of the +residential building code are hereby referred to, adopted and made a +part hereof as if fully set out in this Code, with the additions, +insertions, deletions and changes, if any, prescribed herein. +Not less than one copy of this code is on file in the office of the +clerk. +.IP " 2." 4 +\f[I]Amendments\f[R]. +The following sections of the dwelling code are hereby revised as +follows: +.br +Section 109.5. +Prefabricated Construction. +Insert: [Modular construction, manufactured housing and any other +prefabricated construction is not permitted in any zoning district +within the city limits, unless approved by the board of adjustment as +provided in section 12-125 of the City Code]. +.br +Section R401.1.2. +Addition: Insert after first sentence: Any foundation approved by the +Federal Housing Administration (FHA) shall be accepted. +.br +Section P3005.2.3. +Delete and replace with: There shall be two directional cleanouts with a +backwater valve in between the two directional cleanouts near the +junction of the building drain and building sewer. +The two directional cleanouts and backwater valve shall be outside the +building wall, provided that it is brought up to finish grade. +.br +Sections E3401 to E4304. +Delete Sections E3401 to E4304 and replace with the 2014 NEC as adopted +by the state uniform building code commission pursuant to 59 O.S. +§ 1000.23 and the city. +.br +Section Addition: +.br +Part IV Energy Construction. +.br +Part V Mechanical. +.br +Part VI Fuel Gas. +.br +Part VII Plumbing. +.br +Part VIII Electrical. +.IP " 3." 4 +\f[I]Adoption of residential wind code\f[R]. +The following additions are hereby included in the residential building +code for the purposes of establishing minimum regulations governing +residential construction for high wind resistance: +.RS 4 +.IP " 1." 5 +Roof sheathing (OSB or plywood) shall be nailed with 8d ring shank +(0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) nails on +four-inch on center along the edges and six-inch on center in the field. +Dimensional lumber decking is not allowed. +.IP " 2." 5 +Maximum spacing for roof framing shall be 16 inches on center. +Minimum nominal sheathing panel size shall be 7/16. +Minimum wood structural panel span rating shall be 24/16. +.IP " 3." 5 +Connections for roof framing shall be designed for both compression and +tension, and may include nail plates or steel connection plates. +Connections for roof framing shall include connections on rafters, web +members, purlins, kickers, bracing connections, and the connections to +interior brace wall top plates or ceiling joists. +.IP " 4." 5 +Gable end walls shall be tied to the structure, and may include steel +connection plates or straps. +The connections shall be made at the top and bottom of the gable end +wall. +.IP " 5." 5 +Structural sheathing panel (OSB or plywood) shall be required for gable +end walls. +.IP " 6." 5 +Hurricane clip or framing anchor shall be required on all rafter to wall +connections. +.IP " 7." 5 +The upper and lower story wall sheathing shall be nailed to the common +rim board. +.IP " 8." 5 +All walls shall be continuously sheathed with structural sheathing (OSB +or plywood) using the CS-WSP method. +Garage doors shall be framed using the sheathed portal frame method +CS-PF. +No form of intermittent bracing shall be allowed on an outer wall. +Intermittent bracing may only be used for interior braced wall lines. +.IP " 9." 5 +Nailing of wall sheathing (OSB or plywood) shall be increased to 8d ring +shank (0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) nails on +four-inch on center along the edges and six-inch on center in the field. +.IP " 10." 5 +Structural wood sheathing shall be extended to lap the sill plate and +nailed to the sill plate using a four-inch on center along the edges. +Structural wood sheathing shall be nailed to rim board if present with +8d ring shank (0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) +nails on four-inch on center along both the top and bottom edges of the +rim board. +.IP " 11." 5 +Garage doors shall be rated to 135 mph wind or above. +.IP " 12." 5 +Exterior wall studs shall be 16-inch on center. +.RE +.IP " 4." 4 +\f[I]Building foundation regulations\f[R]. +In addition to the rules, regulations, and standards set forth in the +International Residential Code, as adopted herein, the following +additional requirements are adopted and made a part of the building code +of the city: +.RS 4 +.IP " 1." 4 +\f[I]General\f[R]. +Stress analysis for any structural element considered by the building +official to be unsafe shall be submitted for approval. +.IP " 2." 4 +\f[I]Foundations and footings\f[R]. +All exterior walls shall have footings of the following minimum +standards: +.RS 4 +.IP " 1." 4 +Minimum depths of concrete footings on exterior walls: 18 inches. +.IP " 2." 4 +Minimum width for frame walls: ten inches. +.IP " 3." 4 +Minimum width for veneer walls: 12 inches. +.IP " 4." 4 +All footings shall be 3,000 psi, minimum compressive strength concrete +and reinforced with four rows, two up and two down, with No. +5 bar top and bottom. +.IP " 5." 4 +All footings shall be poured in a minimum of six inches into undisturbed +soil. +.IP " 6." 4 +Where pier and grade beam type of foundation is proposed for residential +construction, design of grade beam and piers shall be: +.RS 4 +.IP " 1." 4 +\f[I]Piers\f[R]. +.RS 4 +.IP " 1." 4 +Diameter: ten inches minimum. +.IP " 2." 4 +Depth: 24 inches minimum. +.IP " 3." 4 +Spacing: eight feet on center with one No. +5 bar for full length of pier and extending into beam. +.RE +.IP " 2." 4 +\f[I]Grade beam, minimum width.\f[R] +.RS 4 +.IP " 1." 4 +Frame: six inches, except that an eight-inch beam may be flared to be +covered by base trim. +.IP " 2." 4 +Masonry or masonry veneer: eight inches. +.IP " 3." 4 +Minimum effective depth: 14 inches; however, where grade beam supports +wood floor framing the minimum effective depth shall be 18 inches in +order to provide required clearance under joints. +.IP " 4." 4 +Reinforce with two bars at the top and bottom of the beam as follows: +frame, four No. +4 bars; and masonry or masonry veneer, four No. +5 bars. +Where grade beam is flared at the top, reinforce with one No. +6 bar instead of two No. +4 bars +.RE +.RE +.RE +.IP " 3." 4 +\f[I]Concrete slab floors\f[R]. +All concrete slab floors shall meet the following minimum standards: +.RS 4 +.IP " 1." 4 +All concrete slabs on grade shall be nominal four inches think on a +four-inch sand base. +.IP " 2." 4 +All concrete shall be minim 2,500 psi compressive strength. +.IP " 3." 4 +It is recommended that all concrete slabs shall be reinforced with +66/.1010 wire mesh. +.IP " 4." 4 +All slabs on grade shall be either waterproof concrete or shall have +0.006 inch vapor barrier under slab. +.IP " 5." 4 +All concrete floors shall be a minimum of eight inches above finished +grade. +.RE +.RE +.LP +(Code 1999, § 5-204; Ord. +No. +534(90), 7-2-1990; Ord. +No. +201(97), 8-18-1997; Ord. +No. +209(97), 10-6-1997; Ord. +No. +379(02)-A, 8-19-2002; Ord. +No. +534(06), 2-21-2006; Ord. +No. +633(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323047_Ordinance%20No.%20724%20(12).pdf" -A "\c" \ + -- "724(12)" +\& on 9/4/2012 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324422_Ordinance%20No.%20768%20(14).pdf" -A "\c" \ + -- "768(14)" +\& on 3/17/2014 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf" -A "\c" \ + -- "857(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings" -A "\c" \ + -- "Sec 5-205 Smoke Detectors Required In Apartment Dwellings" +\& +.IP " 1." 4 +All apartment structures and buildings shall have not less than one +smoke detector installed and maintained in working order in each +separate unit or living area within the apartment building. +.IP " 2." 4 +The smoke detectors required by this section shall be approved prior to +their installation but shall be powered by the following methods, to +wit: +.RS 4 +.IP " 1." 4 +For all apartments in existence on March 4, 1982, the smoke detector +shall be powered by a battery and shall be tested by the owner of such +apartment building every 30 days, and the documentation of such testing +shall be kept in the office of the manager of such apartment; and +.IP " 2." 4 +All smoke detectors installed in apartments which receive a building +permit after March 4, 1982, shall be powered by the electrical system of +such apartment building. +.RE +.IP " 3." 4 +All smoke detectors shall be of a type approved by the chief of the fire +department, the International Fire Safety Code as adopted by the city or +the residential building code as adopted by the city, but must be +suitable to warn the occupants of the unit in which such detector is +installed of the presence of smoke and the possibility of fire danger. +.IP " 4." 4 +Failure to install or maintain a smoke detector or failure to test a +battery-powered smoke detector as required by this section, or to keep a +record of such test, shall be unlawful, and, upon conviction thereof, +every person, firm, corporation, manager or other person shall be +subject to punishment as provided in section 1-108 for each violation. +.LP +(Prior Code, § 5-4; Code 1999, § 5-205) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf" -A "\c" \ + -- "857(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer" -A "\c" \ + -- "Sec 5-206 Adoption Of Standard Specifications For The Construction Of Water And Sewer" +\& +.LP +A certain document, one copy of which is on file in the office of the +city clerk, being designated as the \[dq]City of Moore Standard +Specifications for the Construction of Water and Sewer,\[dq] dated +February 1990, as developed and prepared by Wyatt, Doyle and Butler +Engineers, Inc., is hereby adopted as the construction code of water and +sewer for the city. +The specifications set forth the standards and specifications for the +construction of water and sewer establish minimum regulations governing +the installation of water mains, installation of sewer mains, incidental +construction, attendant installation and maintenance of water and sewer +mains, and standards for earth work, excavation, disposal of materials, +adjustment of existing structures, foundations and bedding, and +backfill, all relative to the construction of water and sewer. +Each and all of the regulations, provisions, penalties, conditions and +terms of the standard specifications are hereby referred to, adopted and +made a part hereof as if fully set out in this section. +.PP +(Code 1999, § 5-206; Ord. +No. +512(90), 4-2-1990) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications" -A "\c" \ + -- "Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway Specifications" +\& +.LP +A certain document commonly known as \[dq]Standard P.C.C. +Paving Details, Standard Driveway and Sidewalk Details and Standard A.C. +Paving Details,\[dq] one copy of which is on file in the office of +community development director, is hereby adopted as the specifications +for same and shall be known as the paving code of the city. +Subsequent revisions, modifications, codifications or additions of the +paving code shall become effective as available, for the control of +paving as herein provided. +Each and all of the regulations, provisions, conditions, and terms of +the paving code are hereby referred to, adopted and made a part hereof +as if fully set out in this section. +.PP +(Code 1999, § 5-207; Ord. +No. +513(90), 4-2-1990) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement" -A "\c" \ + -- "Sec 5-208 Enforcement" +\& +.LP +The official designated as being responsible for the enforcement of the +city\[aq]s building codes shall be the building official. +.PP +(Code 1999, § 5-208) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty" -A "\c" \ + -- "Sec 5-209 Liquefied Petroleum Gas Code Adopted, Penalty" +\& +.IP " 1." 4 +Pamphlet No. +58, Storage and Handling of Liquefied Petroleum Gases, issued by the +National Fire Protection Association, the latest edition thereof, is +hereby adopted and incorporated herein by reference to govern liquefied +petroleum gas. +.IP " 2." 4 +It is unlawful for any person to manufacture, fabricate, assemble, +install or repair any system, container, apparatus or appliance to be +used for the transportation, storage, dispensing or utilization of +liquefied petroleum gas, or to transport, handle, or store such gas, +unless such person shall comply with all the provisions of state law and +this section. +.IP " 3." 4 +All persons, firms, corporations or government entities which own or +operate underground flammable or combustible liquid tanks and associated +underground piping shall test the tanks and piping for tightness at +least once per year. +The test shall be witnessed and certified by the fire department. +The test shall consist of five pounds per square inch of pressure put on +the tank and piping for a period of 30 minutes. +Any reduction of tank contents or loss of air pressure experienced +during the test shall constitute test failure. +The fire department shall then order the tank emptied and associated +equipment shut down, until such time as the faulty equipment is repaired +or replaced and retested. +.LP +(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited" -A "\c" \ + -- "Sec 5-210 Private Water Wells Prohibited" +\& +.LP +It is unlawful and an offense for any person to drill a well for the +production of water upon property not owned and controlled by the city. +It is unlawful and an offense for any person to produce water from any +well hereafter drilled in violation of this section. +This section shall not apply to any property placed in an agricultural +zoning classification under the zoning ordinances of the city. +.PP +(Prior Code, § 23-26; Code 1999, § 5-210) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System" -A "\c" \ + -- "Sec 5-211 House, Building Numbering System" +\& +.IP " 1." 4 +House and business structure numbering shall be east and west from +Broadway and north and south from Main. +The first block from the dividing line in each case shall be the 100 +block, the next the 200 block, the next the 300 block, and so on, each +block being numbered in multiples of 100. +All lots shall be numbered consecutively from the side of the block +nearest the dividing line, starting with one, but in the multiple of 100 +corresponding to the block number, alternating with the odd numbers on +the north and west side and with the even numbers on the south and east +side of all streets and avenues; that is, starting from the dividing +line, the first lot on the north or the west side of the street shall be +numbered 101, and the one directly across the street shall be numbered +102, and so on through each consecutive block in numerical order. +All houses and business structures shall be numbered accordingly. +.IP " 2." 4 +Where the long side of a lot parallels the street or avenue, and in the +case of unplatted areas, each 25 feet of length shall be considered as a +lot for numbering purposes. +.IP " 3." 4 +The areas adjoining the right-of-way of the Oklahoma Railway Company on +the west, on both the north and south sides of Main Street, shall be +treated as blocks and the same method of numbering such blocks and lots +therein shall be followed. +.LP +(Prior Code, § 20-93; Code 1999, § 5-211) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area" -A "\c" \ + -- "Sec 5-212 Building Standards For Construction Of Residential Dwellings Within Tornado Damage Area" +\& +.IP " 1." 4 +Tornado damage area defined. +For purposes of this section, the area of tornado damage resulting from +any tornado that is declared a federal disaster shall be specifically +referred to as the \[dq]tornado damage area.\[dq] +.IP " 2." 4 +No person or other entity shall commence the construction of any +building or structure to be used as a residential dwelling within the +tornado damage area without obtaining a permit, and in order to be +eligible to receive said permit, all planned construction shall conform +to the applicable provisions of the building code adopted in this +article, all other applicable provisions of the city, and in addition +thereto, all planned construction within the tornado damage area shall +specifically conform to the following basic standards: +.RS 4 +.IP " 1." 4 +Each planned residential dwelling structure shall have a minimum of 50 +percent coverage of brick or stone. +For the May 20, 2013, Tornado, the Foxglove Addition, Section 1 and 2, +shall not have a minimum bricking requirement; +.IP " 2." 4 +Each planned residential dwelling structure shall have the minimum +square footage as plat restrictions indicate. +Where the plat restrictions do not indicate a minimum square footage +requirement, each planned residential dwelling structure shall have a +minimum of 1,000 square feet, excluding garage; and +.IP " 3." 4 +Each planned residential dwelling structure is required to have an +attached garage. +.RE +.IP " 3." 4 +In order to determine said conformity, as provided in subsection (B) of +this section, the city may require the submission of detailed plans and +specifications covering the proposed construction of buildings and +residential dwellings within the tornado damage area, and shall refuse +to issue such permit unless the work so planned is in accordance with +the applicable provisions of the city, including the building code and +this section. +.IP " 4." 4 +Nothing in this section shall be construed as repealing any ordinance or +the authority to enact and enforce any ordinance of the city requiring +the submission to the city of plans and specifications and the obtaining +of permits, nor will anything herein in any way impair the power of the +city to regulate the use of land by zoning, building codes or restricted +fire district regulations or otherwise. +.IP " 5." 4 +Penalty. +Unless otherwise provide herein, any person found guilty of violating +any of the provisions of this section shall be guilty of an offense and, +upon conviction thereof, shall be punished by a fine of not more than +$100.00, excluding costs. +Every day that a violation exists shall constitute a separate violation +and shall be subject to the full penalty contained herein. +.LP +(Code 1999, § 5-212; Ord. +No. +262(99), 8-16-1999; Ord. +No. +751(13), 7-1-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS" -A "\c" \ + -- "ARTICLE 5-2B MOVING AND RELOCATING BUILDINGS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building" -A "\c" \ + -- "Sec 5-221 Permit Required To Move Building" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees" -A "\c" \ + -- "Sec 5-222 Permit Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required" -A "\c" \ + -- "Sec 5-223 Application And Bond Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit" -A "\c" \ + -- "Sec 5-224 Issuance Or Denial Of Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures" -A "\c" \ + -- "Sec 5-225 Interference With Trees And Fixtures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires" -A "\c" \ + -- "Sec 5-226 Interference With Poles And Wires" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property" -A "\c" \ + -- "Sec 5-227 Safety Precautions And Protection Of Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit" -A "\c" \ + -- "Sec 5-228 Time Limit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings" -A "\c" \ + -- "Sec 5-229 Relocation Of Used Residential Buildings" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building" -A "\c" \ + -- "Sec 5-221 Permit Required To Move Building" +\& +.LP +No person shall move any building or structure along or across any +street, alley or roadway within the city without a permit therefor from +the building official issued in accordance with the provisions of the +applicable building codes and this article. +No such permit shall be granted to any person except a bonded house +mover. +Proof of possession of a valid and current state license, and the number +assigned by the state corporation commission, shall be provided to the +building official prior to issuance of a permit. +.PP +(Prior Code, § 5-331; Code 1999, § 5-221) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees" -A "\c" \ + -- "Sec 5-222 Permit Fees" +\& +.LP +Before any permit to move a building or structure is granted under the +provisions of this section, the applicant for such permit shall pay a +fee as provided in the fee schedule. +.PP +(Code 1999, § 5-222) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required" -A "\c" \ + -- "Sec 5-223 Application And Bond Required" +\& +.LP +Before any person shall be granted a permit for the moving of any +building or structure as provided in this article, he shall file with +the city an application and a bond. +The application shall show the place from where the building is to be +moved, the location where it is to be moved, giving the size thereof and +other information required by the city. +The bond, in the sum as set in the city\[aq]s bond schedule which shall +run in favor of the city and any private person sustaining damages under +the conditions thereof, shall be entitled to sue thereon in his own +name. +The bond shall be conditioned, among other things, that if such +permittee is granted the permit he shall promptly pay all damages and +for all injuries that may accrue to any person or property, either +public or private, within the city when such injury or damages are +inflicted by the permittee or his agents, servants, employees, workers, +contractors or subcontractors, and such bond shall be conditioned also +that the permittee will save, indemnify and protect the city from all +liability which may arise, either directly or indirectly, from the +moving of any building or structure by the permittee, his agents, +servants, employees, workers, contractors or subcontractors, and that +the permittee will in all respects comply with the ordinances of the +city in regard to the moving of buildings or structures and to the use +or obstruction of the streets and other public places of the city. +.PP +(Prior Code, §§ 5-332, 5-334; Code 1999, § 5-223) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit" -A "\c" \ + -- "Sec 5-224 Issuance Or Denial Of Permit" +\& +.IP " 1." 4 +At the time an application and bond is filed, the city clerk may issue a +permit for moving the building along the route described if in his +judgment the building can be moved without damage to the property owners +along the route and without damage to city streets. +If the city clerk determines that the building cannot be moved without +damage to property or streets, or for other noncompliance with this +article or applicable law, then he shall endorse on the application +\[dq]REFUSED.\[dq] +.IP " 2." 4 +Once a moving permit is granted, if the move is not completed within six +months after issuance of the permit, the permit shall be revoked and a +new permit must be applied for. +.IP " 3." 4 +If any mover, his servants, agents or employees, shall, while acting +within the scope of this article, damage or destroy any public or +private property and fail or refuse to repair, renew or pay for the +same, or shall fail or refuse to pay for the expense of the raising, +cutting or repair of any electric wire or cable or the removal and +replacement of any pole bearing the same as required by the terms of +this article, a written claim containing a statement of such damages or +expense may be filed with the building official who shall investigate +the same. +If the building official finds the same to be just and reasonable, no +further permits within the scope of this article shall be issued to such +mover until the claim is satisfied. +Denial of such permit may be appealed to the board of adjustment by +filing a notice of appeal with the building official and city clerk +within ten days of the day of denial. +.LP +(Code 1999, § 5-224) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures" -A "\c" \ + -- "Sec 5-225 Interference With Trees And Fixtures" +\& +.LP +No tree on any street shall be removed or the branches of any tree be +cut or trimmed in order to facilitate the moving of any building, except +with the consent and under the supervision of the city. +No fixture on any street or alley shall be removed, displaced or +otherwise interfered with to facilitate the moving of any building, +except with the consent and under the supervision of the building +official. +.PP +(Code 1999, § 5-225) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires" -A "\c" \ + -- "Sec 5-226 Interference With Poles And Wires" +\& +.LP +Whenever for the purpose of facilitating the moving of any building or +structure it is necessary to raise or cut any telephone or telegraph +wire or cable or any electric wire, or move any pole bearing any such +wire or cable, it is the duty of the mover having charge of the moving +of such building or structure to give the person owning or operating the +poles, wires or cables at least 24 hours\[aq] notice of the time and +place when and where the removal of such poles or the raising or cutting +of such wires or cables will be necessary. +After the service of the 24-hour notice, it is the duty of the person +owning or operating the poles, wires or cables to furnish competent +workers or linemen to remove such poles or raise or cut such wires or +cables. +The regular wages of the workers or linemen while engaged at such work +shall be paid by such movers. +No mover shall raise, cut or move any such pole, wire or cable unless +the persons or authorities owning or having control of the same fail or +refuse to do so after such notice. +Only competent workers or linemen shall be employed in such work, and +the same shall be done in a careful and workmanlike manner, and the +poles, wires and cables promptly replaced and damages thereto promptly +repaired at the expense of such mover. +.PP +(Code 1999, § 5-226) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property" -A "\c" \ + -- "Sec 5-227 Safety Precautions And Protection Of Property" +\& +.LP +No building or structure shall be allowed to remain at a standstill in +any public street or other public place for a period longer than 24 +hours without the consent in writing of the building official. +When any building or structure is left in any street at night, two or +more approved warning lights or signals shall be conspicuously posted at +each end of such building or structure so as to give warning in both +directions of the street. +All other obstructions left in the street shall be safeguarded by +similar lights or signals. +All such lights and signals shall be in good working order when posted, +and shall be securely placed in position. +No such building or structure or other obstruction shall be left +standing at night in any street intersection. +The chief of the fire department and chief of police shall be notified +of the location of any such building or structure left standing in the +street at night. +When necessary to protect pavement or sidewalk, plank of sufficient size +and thickness to prevent injury to such pavement or sidewalk shall be +laid for the wheels of the moving trucks to travel on. +The building official shall have the power to require the use of other +precautionary measures than those specifically mentioned in this article +when necessary or proper to protect life, limb or property. +.PP +(Prior Code, § 5-335, in part; Code 1999, § 5-227) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit" -A "\c" \ + -- "Sec 5-228 Time Limit" +\& +.LP +At the time of application for a moving permit, it is the duty of the +mover of the building or structure to estimate the reasonable time +required for the moving of the building from its present location to its +proposed location. +He shall state in his application for a permit what the applicant deems +to be such reasonable time. +The route and time allowed for the moving of the building shall be +determined and fixed by the city manager. +The permit shall especially provide that the building shall be, from the +time any part of the street is used for the moving of same, cleared from +any and all of the streets of the city within a specified number of days +specified therein, Sundays and holidays excepted. +The mover shall bind himself to pay the sum as set by the city per day +for each and every day all or any part of the building or structure +remains on the street in excess of the number of days allowed in the +permit, and his cash deposit shall, in addition to his bond, be +secondarily liable for the payment of the amount. +Nothing but an act of God shall be a defense against the payment of +these sums. +The provisions of this section shall not prevent the city from revoking +a permit in compliance with section 5-224 after a period of six months +has elapsed from the date of issuance of the permit. +.PP +(Code 1999, § 5-228) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings" -A "\c" \ + -- "Sec 5-229 Relocation Of Used Residential Buildings" +\& +.LP +No residential dwelling building or structure shall be relocated in any +zoning district within the city. +.PP +(Code 1999, § 5-229; Ord. +No. +175(96), 12-2-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS" -A "\c" \ + -- "ARTICLE 5-2C SIGN CONTRACTORS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established" -A "\c" \ + -- "Sec 5-241 Regulations Established" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term" -A "\c" \ + -- "Sec 5-242 License Required, Fee, Term" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer" -A "\c" \ + -- "Sec 5-243 Transfer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension" -A "\c" \ + -- "Sec 5-244 Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation" -A "\c" \ + -- "Sec 5-245 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-246 Sign Contractor\[aq]s Bond Prerequisite To Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection" -A "\c" \ + -- "Sec 5-247 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign" -A "\c" \ + -- "Sec 5-248 Designating Sign" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established" -A "\c" \ + -- "Sec 5-241 Regulations Established" +\& +.LP +There are hereby established regulations pertaining to the construction +of signs, licensing of sign contractors, and establishment of a fee +schedule for sign permits. +.PP +(Prior Code, § 5-371; Code 1999, § 5-241) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term" -A "\c" \ + -- "Sec 5-242 License Required, Fee, Term" +\& +.LP +No person except a licensed sign contractor shall engage in the business +of manufacturing, installing, erecting, repairing, painting, altering, +servicing, or removing signs requiring permits as provided in this Code. +A sign contractor\[aq]s license may be obtained from the office of the +city clerk upon presentation of satisfactory evidence of qualifications +for the building official and payment of a fee as set by the city. +Such license shall expire annually. +No reduction in fee for a partial year shall be made. +Employees of duly licensed sign contractors shall not be required in the +regular course of such employment to obtain such license or pay such fee +in order to engage in the work of manufacturing, installing, erecting, +repairing, painting, altering, servicing or removing signs in the +regular course of such employment. +.PP +(Prior Code, § 5-372; Code 1999, § 5-242) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer" -A "\c" \ + -- "Sec 5-243 Transfer" +\& +.LP +It is unlawful for any person holding a license to transfer same or +allow the use of same, directly or indirectly, by any other person for +the purpose of obtaining a permit to do any of the sign work herein +specified. +.PP +(Prior Code, § 5-373; Code 1999, § 5-243) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension" -A "\c" \ + -- "Sec 5-244 Suspension" +\& +.LP +The city shall have the right to suspend for a maximum period of 90 days +the license of any sign contractor for a violation of any of the city +ordinances relating to signs. +.PP +(Prior Code, § 5-374; Code 1999, § 5-244) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation" -A "\c" \ + -- "Sec 5-245 Revocation" +\& +.LP +The city shall have the right to revoke the license of any sign +contractor for a violation of any of the city ordinances relating to +signs. +.PP +(Prior Code, § 5-375; Code 1999, § 5-245) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-246 Sign Contractor\[aq]s Bond Prerequisite To Issuance" +\& +.LP +No sign contractor\[aq]s license shall be issued to any applicant until +the applicant therefor shall have deposited with the city clerk a surety +bond in the sum as set by the city, to be known as the sign +contractor\[aq]s bond. +The bond shall be executed by the sign contractor and the surety thereon +shall be a corporate surety company authorized to do business in the +state. +The bond shall be payable to the city, and as a condition shall state +that the licensee will faithfully and properly conduct his business in +compliance with all the ordinances of the city relating to signs and +sign contractors. +The bond shall provide for the payment of all fines and penalties +imposed for the violation of such laws, and for the protection and +indemnification of the city against all damages resulting directly or +indirectly from any injury to persons or property on account of +negligence or unskilled work of the licensee. +.PP +(Prior Code, § 5-376; Code 1999, § 5-246) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection" -A "\c" \ + -- "Sec 5-247 Inspection" +\& +.LP +The building official shall inspect at such times as he deems necessary +each sign regulated by this article. +.PP +(Prior Code, § 5-377; Code 1999, § 5-247) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign" -A "\c" \ + -- "Sec 5-248 Designating Sign" +\& +.LP +Each sign erected by a sign contractor shall have a sign designating who +the sign contractor was who installed the sign, placed in a conspicuous +location. +Such sign shall be a size of no less than two inches in height and eight +inches in width and shall be attached to the sign. +.PP +(Prior Code, § 5-378; Code 1999, § 5-248) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS" -A "\c" \ + -- "ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO COVERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition" -A "\c" \ + -- "Sec 5-251 Definition" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions" -A "\c" \ + -- "Sec 5-252 Construction Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees" -A "\c" \ + -- "Sec 5-253 Permits And Fees" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition" -A "\c" \ + -- "Sec 5-251 Definition" +\& +.LP +Awnings, carports, and patio covers, individually or in combinations, as +used herein, are defined as any structure, whether attached to an +existing structure or freestanding, which is constructed for the purpose +of providing a roof type cover only, for shelter from the sun, rain, +snow, sleet or hail. +.PP +(Prior Code, § 5-316; Code 1999, § 5-251) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions" -A "\c" \ + -- "Sec 5-252 Construction Restrictions" +\& +.LP +Awnings, carports and patio covers which extend beyond the front +building line, toward the street, or beyond the side building line on +side streets, may be constructed if they meet the following +requirements: +.IP " 1." 4 +They are not to exceed more than 20 feet beyond the front building line, +but in no instance beyond the front property line of interior lots; +.IP " 2." 4 +They are not to extend more than 20 feet beyond the side building line, +but in no case beyond the side property line of corner lots; +.IP " 3." 4 +They must not be, at any point on the structure, closer than five feet +to an adjacent property line; except, those houses that have a one car +garage as of November 2, 1995, may erect a carport within one foot of +the side property line, provided the structure may not divert any +stormwater to the adjacent property; +.IP " 4." 4 +Construction details must conform to the following: +.RS 4 +.IP " 1." 4 +The structure must be designed to support a load of 20 pounds per square +foot in addition to the weight of the structure; +.IP " 2." 4 +Awnings, carports and patio covers which are attached to an existing +structure shall be attached with one-quarter inch or larger lag screws +in a substantial manner and shall be anchored to each wall stud or to a +masonry wall. +One side of attached awnings, carports or patio cover structures shall +be supported by 1½-inch diameter by 14 gauge steel columns, or columns +of equivalent strength, set in concrete footings not less than 12 inches +deep nor less than 12 inches in diameter; +.IP " 3." 4 +Freestanding carports or patio covers shall be supported by 2½-inch +diameter by 14 gauge steel columns or columns of equivalent strength, +set in concrete footings not less than 24 inches deep nor less than 12 +inches in diameter; +.IP " 4." 4 +All concrete in footings shall be 2,000 pounds per square inch quality; +.IP " 5." 4 +Roof slope shall be at least 3/16 -inch per foot; and +.IP " 6." 4 +All bolts and screws used in the structure shall be cadmium plated or +equal. +.RE +.LP +(Prior Code, § 5-317; Code 1999, § 5-252; Ord. +No. +131(95), 11-2-1995) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees" -A "\c" \ + -- "Sec 5-253 Permits And Fees" +\& +.IP " 1." 4 +A permit must be obtained from the city clerk upon written application +showing compliance with this article and other applicable ordinances of +the city. +.IP " 2." 4 +Such application shall contain the address of the applicant along with a +detailed drawing showing the desired specification of the proposed +awning, carport or patio cover and showing on such drawing compliance +with this article in all particulars. +The application will be on forms prepared by the city clerk and shall +contain such other information as is deemed necessary by him. +.IP " 3." 4 +No permit will be issued until the permit fee is paid to the city clerk. +It shall be an offense to construct an awning, carport or patio cover +without having first secured a permit as provided in this article. +.LP +(Prior Code, § 5-318; Code 1999, § 5-253) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES" -A "\c" \ + -- "ARTICLE 5-2E FENCES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title" -A "\c" \ + -- "Sec 5-261 Short Title" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions" -A "\c" \ + -- "Sec 5-262 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application" -A "\c" \ + -- "Sec 5-263 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-264 Bond Prerequisite To Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer" -A "\c" \ + -- "Sec 5-265 Transfer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension" -A "\c" \ + -- "Sec 5-266 Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation" -A "\c" \ + -- "Sec 5-267 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal" -A "\c" \ + -- "Sec 5-268 Expiration; Renewal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required" -A "\c" \ + -- "Sec 5-269 Permits Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application" -A "\c" \ + -- "Sec 5-270 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance" -A "\c" \ + -- "Sec 5-271 Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees" -A "\c" \ + -- "Sec 5-272 Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation" -A "\c" \ + -- "Sec 5-273 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection" -A "\c" \ + -- "Sec 5-274 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions" -A "\c" \ + -- "Sec 5-275 Zoning Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign" -A "\c" \ + -- "Sec 5-276 Designating Sign" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title" -A "\c" \ + -- "Sec 5-261 Short Title" +\& +.LP +This article shall hereafter be known and cited as the \[dq]fence +regulations\[dq] of the city. +.PP +(Prior Code, § 6-131; Code 1999, § 5-261) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions" -A "\c" \ + -- "Sec 5-262 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Erect\f[R] means to build, construct, attach, hang, place or affix +in any manner all fences as defined in this section. +.PP +\f[I]Fence\f[R] means and includes every fence that is permanently +attached to the ground, including chainlink fences, redwood fences, +masonry fences, wood fences, but not limited thereto, and not including +fences in agricultural zones within the limits of the city. +.PP +\f[I]Fence contractor\f[R] means any person engaged in the business of +constructing, installing, erecting, repairing or servicing fences as +defined in this section. +.PP +(Prior Code, § 6-132; Code 1999, § 5-262) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application" -A "\c" \ + -- "Sec 5-263 Application" +\& +.LP +Before a fence contractor shall be licensed to install any fence or make +alterations or additions to existing fences, he shall file with the +building official an application in writing for a license to do such +work. +Such application shall be filed with the building official of the city +and information furnished thereon shall include: +.IP " 1." 4 +Name of the applicant; +.IP " 2." 4 +Address of the applicant; +.IP " 3." 4 +Number of years\[aq] experience in the fence business; +.IP " 4." 4 +Employment of the applicant over the last ten years; +.IP " 5." 4 +A record of any convictions of such applicant on any felony criminal +charge; +.IP " 6." 4 +Three references; and +.IP " 7." 4 +Any other items deemed desirable by the building official. +.LP +(Prior Code, § 6-135; Code 1999, § 5-263) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-264 Bond Prerequisite To Issuance" +\& +.LP +No fence contractor\[aq]s license shall be issued to any applicant until +the applicant therefor shall have deposited with the city clerk a surety +bond in the sum set by the city to be known as the fence +contractor\[aq]s bond. +Such bond shall be executed by the fence contractor and the surety +thereon shall be a corporate surety company authorized to do business in +the state. +The bond shall be payable to the city, and as a condition shall state +that the licensee shall faithfully and properly conduct his business in +compliance with all ordinances of the city relating to fences and fence +contractors and for the payment of all fines and penalties imposed for +the violation of such laws, and for the protection and indemnification +of the city against all damages resulting directly or indirectly from +any injury to persons or property on account of negligence or unskilled +work of the licensee. +.PP +(Prior Code, § 6-136; Code 1999, § 5-264) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer" -A "\c" \ + -- "Sec 5-265 Transfer" +\& +.LP +It is unlawful for any person holding a fence contractor\[aq]s license +to transfer the same or allow the use of same, directly or indirectly, +by any other person for the purpose of obtaining a permit to do any of +the fence work herein specified. +.PP +(Prior Code, § 6-138; Code 1999, § 5-265) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension" -A "\c" \ + -- "Sec 5-266 Suspension" +\& +.LP +The building official shall have the right to suspend for a maximum +period of 90 days the license of any fence contractor for violating any +of the city ordinances relating to fences. +.PP +(Prior Code, § 6-139; Code 1999, § 5-266) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation" -A "\c" \ + -- "Sec 5-267 Revocation" +\& +.LP +The city shall have the right to revoke the license of any fence +contractor for a violation of any of the city ordinances relating to +fences. +.PP +(Prior Code, § 6-140; Code 1999, § 5-267) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal" -A "\c" \ + -- "Sec 5-268 Expiration; Renewal" +\& +.IP " 1." 4 +A fence contractor\[aq]s license shall expire annually. +No reduction in fee for a partial year shall be made. +.IP " 2." 4 +Any person who holds a license in his name may renew the license upon +the payment of the fee to the city treasurer within 30 days after +expiration thereof, unless such license has been revoked prior to +expiration by the city. +.LP +(Prior Code, § 6-141; Code 1999, § 5-268) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required" -A "\c" \ + -- "Sec 5-269 Permits Required" +\& +.LP +It is unlawful for any person acting as a fence contractor or such +contractor\[aq]s employee to construct, erect, install, alter, or locate +within the city any fence as defined in this article without the +contractor\[aq]s obtaining a permit from the building department of the +city and paying the fee required by this article. +Employees of a contractor shall not be required to obtain a permit if +the fence contractor has obtained a permit for the erection of such +fence. +No permit shall be required in agricultural zones. +.PP +(Prior Code, § 6-142; Code 1999, § 5-269) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application" -A "\c" \ + -- "Sec 5-270 Application" +\& +.LP +Application for fence erection permits shall be made upon blanks +provided by the building official and shall contain or have attached the +following information: +.IP " 1." 4 +Name and address of the applicant; +.IP " 2." 4 +Location of lot upon which the fence is to be constructed; +.IP " 3." 4 +The name of the person erecting such fence; and +.IP " 4." 4 +Such other information as the building official shall require to show +full compliance with this article and all other laws and ordinances of +the city. +.LP +(Prior Code, § 6-143; Code 1999, § 5-270) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance" -A "\c" \ + -- "Sec 5-271 Issuance" +\& +.LP +It is the duty of the building official upon the filing of an +application for a fence erection permit, if it is in order and in +compliance with all the regulations of this article and other laws and +ordinances of the city, to issue the erection permit. +If the work authorized under an erection permit has not been completed +prior to 12 months from the date of issuance, the permit shall become +null and void. +.PP +(Prior Code, § 6-144; Code 1999, § 5-271) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees" -A "\c" \ + -- "Sec 5-272 Fees" +\& +.LP +Every applicant, before being granted a fence erection permit under this +article shall pay to the city clerk the permit fee for each fence. +.PP +(Prior Code, § 6-145; Code 1999, § 5-272) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation" -A "\c" \ + -- "Sec 5-273 Revocation" +\& +.LP +The building official is hereby empowered and authorized to revoke any +fence erection permit issued by him upon failure of the holder thereof +to comply with any provision of any city ordinance relating to fences. +.PP +(Prior Code, § 6-146; Code 1999, § 5-273) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection" -A "\c" \ + -- "Sec 5-274 Inspection" +\& +.LP +The building official shall inspect at such times as he deems necessary +each fence regulated by this article. +.PP +(Prior Code, § 6-147; Code 1999, § 5-274) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions" -A "\c" \ + -- "Sec 5-275 Zoning Restrictions" +\& +.IP " 1." 4 +Each fence shall be defined as a structure and shall come under the +regulations of any structure in the zoning ordinances. +.IP " 2." 4 +Special variances from the zoning ordinances relative to fences may be +granted in the case of hardship upon application to the building +official for a special variance. +Before granting such variance, the building official shall have a +favorable recommendation from the traffic and fire departments, and a +fee will be required to investigate such hardships. +.LP +(Prior Code,§ 6-148; Code 1999, § 5-275) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign" -A "\c" \ + -- "Sec 5-276 Designating Sign" +\& +.LP +Each fence erected by a fence contractor shall have a sign designating +who the fence contractor was who installed the fence, placed in a +conspicuous location on the street side of the fence. +Such sign shall be a size of no less than two inches in height and eight +inches in width and shall be attached to the fence. +.PP +(Prior Code, § 6-149; Code 1999, § 5-276) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS" -A "\c" \ + -- "ARTICLE 5-2F SWIMMING POOLS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title" -A "\c" \ + -- "Sec 5-281 Short Title" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions" -A "\c" \ + -- "Sec 5-282 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License" -A "\c" \ + -- "Sec 5-283 Application For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-284 Bond Prerequisite To Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer" -A "\c" \ + -- "Sec 5-285 Transfer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension" -A "\c" \ + -- "Sec 5-286 Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License" -A "\c" \ + -- "Sec 5-287 Revocation Of License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal" -A "\c" \ + -- "Sec 5-288 Expiration; Renewal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required" -A "\c" \ + -- "Sec 5-289 Permits Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit" -A "\c" \ + -- "Sec 5-290 Application For Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance" -A "\c" \ + -- "Sec 5-291 Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees" -A "\c" \ + -- "Sec 5-292 Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit" -A "\c" \ + -- "Sec 5-293 Revocation Of Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection" -A "\c" \ + -- "Sec 5-294 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements" -A "\c" \ + -- "Sec 5-295 Zoning Restrictions And Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign" -A "\c" \ + -- "Sec 5-296 Designating Sign" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties" -A "\c" \ + -- "Sec 5-297 Penalties" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title" -A "\c" \ + -- "Sec 5-281 Short Title" +\& +.LP +This article shall hereafter be known and cited as the \[dq]swimming +pool regulations\[dq] of the city. +.PP +(Code 1999, § 5-281; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions" -A "\c" \ + -- "Sec 5-282 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Install\f[R] means to build, construct, or erect in any manner all +swimming pools as defined in this section. +.PP +\f[I]Swimming pool\f[R] means and includes every swimming pool that is +permanently installed in the ground or on the ground including in-ground +pools and above-ground pools requiring professional installation, but +not limited thereto. +.PP +\f[I]Swimming pool contractor\f[R] means any person engaged in the +business of constructing, installing, repairing or servicing swimming +pools as defined in this section. +.PP +(Code 1999, § 5-282; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License" -A "\c" \ + -- "Sec 5-283 Application For License" +\& +.LP +Before a swimming pool contractor shall be licensed to install any +swimming pool or make alternations or additions to existing swimming +pools, he shall file with the building official an application in +writing for a license to do such work. +A license fee shall be applicable as set forth in the city\[aq]s +schedule of fees. +Such application shall be filed with the building official of the city +and information furnished thereon shall include: +.IP " 1." 4 +Name of the applicant; +.IP " 2." 4 +Address of the applicant; +.IP " 3." 4 +Number of years\[aq] experience in the swimming pool business; +.IP " 4." 4 +Employment of the applicant over the last ten years; +.IP " 5." 4 +A record of any convictions of such applicant on any felony criminal +charge; +.IP " 6." 4 +Three references; and +.IP " 7." 4 +Any other items deemed desirable by the building official. +.LP +(Code 1999, § 5-283; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 5-284 Bond Prerequisite To Issuance" +\& +.LP +No swimming pool contractor\[aq]s license shall be issued to any +applicant until the applicant therefor shall have deposited with the +city clerk a surety bond in the sum set by the city to be known as the +swimming pool contractor\[aq]s bond. +Such bond shall be executed by the swimming pool contractor and the +surety thereon shall be a corporate surety company authorized to do +business in the state. +The bond shall be payable to the city, and as a condition shall state +that the licensee shall faithfully and properly conduct his business in +compliance with all ordinances of the city relating to swimming pools +and swimming pool contractors and for the payment of all fines and +penalties imposed for the violation of such laws, and for the protection +and indemnification of the city against all damages resulting directly +or indirectly from any injury to persons or property on account of +negligence or unskilled work of the licensee. +.PP +(Code 1999, § 5-284; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer" -A "\c" \ + -- "Sec 5-285 Transfer" +\& +.LP +It is unlawful for any person holding a swimming pool contractor\[aq]s +license to transfer the same or allow the use of same, directly or +indirectly, by any other person for the purpose of obtaining a permit to +do any of the swimming pool work herein specified. +.PP +(Code 1999, § 5-285; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension" -A "\c" \ + -- "Sec 5-286 Suspension" +\& +.LP +The building official shall have the right to suspended for a maximum +period of one year the license of any swimming pool contractor for +violating any of the city ordinances relating to swimming pools. +.PP +(Code 1999, § 5-286; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License" -A "\c" \ + -- "Sec 5-287 Revocation Of License" +\& +.LP +The city shall have the right to revoke the license of any swimming pool +contractor for a violation of any of the city ordinances relating to +swimming pools. +.PP +(Code 1999, § 5-287; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal" -A "\c" \ + -- "Sec 5-288 Expiration; Renewal" +\& +.IP " 1." 4 +A swimming pool contractor\[aq]s license shall expire annually. +No reduction in fee for a partial year shall be made. +.IP " 2." 4 +Any person who holds a license in his name may renew the license upon +the payment of the fee to the city treasurer within 30 days after +expiration thereof, unless such license has been revoked prior to +expiration by the city. +.LP +(Code 1999, § 5-288; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required" -A "\c" \ + -- "Sec 5-289 Permits Required" +\& +.LP +It is unlawful for any person acting as a swimming pool contractor or +such contractor\[aq]s employee to construct, install, alter, or locate +within the city any swimming pool as defined in this article without the +contractor\[aq]s obtaining a permit from the building department of the +city and paying the fee required by this article. +Swimming pool contractors shall be required to pull the necessary +building permits, and no such permit shall be issued to a homeowner. +.PP +(Code 1999, § 5-289; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit" -A "\c" \ + -- "Sec 5-290 Application For Permit" +\& +.LP +Application for swimming pool erection permits shall be made upon blanks +provided by the building official and shall contain or have attached the +following information: +.IP " 1." 4 +Name and address of the applicant; +.IP " 2." 4 +Location of lot upon which the swimming pool is to be constructed; +.IP " 3." 4 +The name of the person erecting such swimming pool; and +.IP " 4." 4 +Such other information as the building official shall require to show +full compliance with this article and all other laws and ordinances of +the city. +.LP +(Code 1999, § 5-290; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance" -A "\c" \ + -- "Sec 5-291 Issuance" +\& +.LP +It is the duty of the building official upon the filing of an +application for a swimming pool erection permit, if it is in order and +in compliance with all the regulations of this article and other laws +and ordinances of the city, to issue the erection permit. +If the work authorized under an erection permit has not been completed +prior to 12 months from the date of issuance, the permit shall become +null and void. +.PP +(Code 1999, § 5-291; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees" -A "\c" \ + -- "Sec 5-292 Fees" +\& +.LP +Every applicant, before being granted a swimming pool erection permit +under this article, shall pay to the city clerk the permit fee for each +swimming pool. +.PP +(Code 1999, § 5-292; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit" -A "\c" \ + -- "Sec 5-293 Revocation Of Permit" +\& +.LP +The building official is hereby empowered and authorized to revoke any +swimming pool erection permit issued by him upon failure of the holder +thereof to comply with any provision of any city ordinance relating to +swimming pools. +.PP +(Code 1999, § 5-293; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection" -A "\c" \ + -- "Sec 5-294 Inspection" +\& +.LP +The building official shall inspect at such times as he deems necessary +each swimming pool regulated by this article. +.PP +(Code 1999, § 5-294; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements" -A "\c" \ + -- "Sec 5-295 Zoning Restrictions And Requirements" +\& +.IP " 1." 4 +Each swimming pool shall be defined as a structure and shall come under +the regulations of any structure in the zoning ordinances. +.IP " 2." 4 +Each swimming pool falling under this article shall be required at the +time of installation a hookup to the sanitary sewer system for draining +and backwashing. +.IP " 3." 4 +When a swimming pool is removed from the premises, any holes or +indentations in the ground shall be leveled so as to prevent water +collection or any other public health nuisance or hazard as defined by +this Code. +.IP " 4." 4 +All pools, regardless of in-ground or above-ground, shall be completely +enclosed by a fence of at least four feet in height. +Openings in the fence shall be less than four inches in width. +The fence shall have self-closing and self-latching gates. +.IP " 5." 4 +Special variances from the zoning ordinances relative to swimming pools +may be granted in the case of hardship upon application to the board of +adjustment and approval of such board. +.LP +(Code 1999, § 5-295; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign" -A "\c" \ + -- "Sec 5-296 Designating Sign" +\& +.LP +Each swimming pool erected by a swimming pool contractor shall have a +sign designating who the swimming pool contractor was who installed the +swimming pool, placed in a conspicuous location on the street side of +the swimming pool. +Such sign shall be a size of no less than two inches in height and eight +inches in width and shall be attached to the swimming pool. +.PP +(Code 1999, § 5-296; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties" -A "\c" \ + -- "Sec 5-297 Penalties" +\& +.LP +It shall be deemed an offense for any swimming pool contractor to engage +in the business of constructing, installing, repairing or servicing +swimming pools as defined in this section without a valid license from +the city. +Each offense is punishable by a written citation. +.PP +(Code 1999, § 5-297; Ord. +No. +589(07), 7-16-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS" -A "\c" \ + -- "CHAPTER 5-3 PLUMBING CODE AND REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-3A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-3B PLUMBERS\[aq] REGISTRATION" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] The Plumbing License Law of 1955, 59 +O.S. +§ 1001 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-3A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-302 Additions, Insertions And Changes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration" -A "\c" \ + -- "Sec 5-303 Administration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction" -A "\c" \ + -- "Sec 5-304 Dangerous And Insanitary Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications" -A "\c" \ + -- "Sec 5-305 Backwater Valves; When Required; Specifications" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties" -A "\c" \ + -- "Sec 5-306 Violations And Penalties" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.LP +Pursuant to section 2-15 of the Charter, the council may by ordinance +adopt, by reference, codes which shall be considered to have the same +effect as if set out in full in this Code. +Pursuant to this authority, the council hereby ordains that a certain +document, at least one copy of which is on file in the office of the +city clerk, being marked and designated as \[dq]The International +Plumbing Code 2015,\[dq] as amended and modified by the state uniform +building code commission pursuant to 59 O.S. +§ 1000.23, is hereby adopted as the plumbing code of the city; for the +control of buildings and structures as herein provided, referred to +herein as the \[dq]plumbing code.\[dq] Each and all of the regulations, +provisions, penalties, conditions and terms of the International +Plumbing Code are hereby referred to, adopted and made a part hereof, as +if fully set out in this Code, with the additions, insertions, and +changes, if any, as prescribed and set out herein. +.PP +(Code 1999, § 5-301; Ord. +No. +494(89), 9-5-1989; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997; Ord. +No. +374(02), 8-19-2002; Ord. +No. +538(06), 2-21-2006; Ord. +No. +637(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf" -A "\c" \ + -- "739(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf" -A "\c" \ + -- "862(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-302 Additions, Insertions And Changes" +\& +.LP +The following sections of the plumbing code are hereby revised, deleted, +or amended as set out below. +Items in brackets [ ] are phrases that shall be deemed inserted into the +appropriation section of the plumbing code: +.IP " 1." 4 +Section 101.1, insert: [City of Moore]. +.IP " 2." 4 +Section 106.6.2, Insert: [As provided in the city\[aq]s fee schedule]. +.IP " 3." 4 +Section 108.4 Violation Penalties, delete existing language in this +section and replace with the following: +.br +[Penalties: Any person who shall violate a provision of this code, or +shall fail to comply with any of the requirements thereof, or who shall +install plumbing work in violation of an approved plan of lawful +directive of this code, shall be guilty of a municipal offense, +punishable by a fine of not more than $200.00 or by imprisonment not to +exceed ten days, or both such fine and imprisonment]. +.IP " 4." 4 +Section 109.2.1 Qualifications, delete existing language in this section +and replace with the following: +.br +[This board shall be composed of two members who shall be plumbing +contractors licensed with the city and two members who shall be +journeyman plumbers licensed with the city; the building official shall +serve as ex officio member]. +.IP " 5." 4 +Section 301.8 is hereby added and shall read as follows: +.br +[A public water main or public sewer system shall be considered +available to a building when the building is located within 200 feet of +the public water or sewer]. +.IP " 6." 4 +Section 305.4, delete last sentence and insert: +.br +[Water service piping shall be installed below record frost penetration +but not less than two feet below grade]. +.IP " 7." 4 +Insert section 703.7 to read as follows: +.br +[Building Sewer Sizing: Building sewer shall not be smaller than three +inches in diameter. +All tapping saddles shall be plastic saddle tees with one strap on each +side of tee, completely secured around main line. +Building sewer pipe shall be for six-inch or smaller PVC SCH-40 and for +six-inch and larger either PVC SCH-40 or Heavy Duty SDR-35. +.IP " 8." 4 +Section 705.2.1, insert last sentence to read as follows: +.br +[Any elastomeric joint on an underground sewer shall be fully banded]. +.LP +(Code 1999, § 5-302; Ord. +No. +494(89), 9-5-1989; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997; Ord. +No. +374(02), 8-19-2002; Ord. +No. +538(06), 2-21-2006; Ord. +No. +579(07), 3-5-2007; Ord. +No. +637(08), 12-15-2008) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf" -A "\c" \ + -- "739(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf" -A "\c" \ + -- "862(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration" -A "\c" \ + -- "Sec 5-303 Administration" +\& +.LP +The administration and enforcement of this chapter shall be the +responsibility of the plumbing official who shall be the building +official, or his designee, unless another official is appointed. +.PP +(Code 1999, § 5-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction" -A "\c" \ + -- "Sec 5-304 Dangerous And Insanitary Construction" +\& +.IP " 1." 4 +Any portion of a plumbing system found by the plumbing official to be +insanitary as defined herein is hereby declared to be a nuisance. +.IP " 2." 4 +Whenever brought to the attention of the city that any insanitary +conditions exist or that any construction or work regulated by this Code +is dangerous, unsafe, insanitary, a nuisance or a menace to life, health +or property or otherwise in violation of this Code, city personnel may +request an investigation by the plumbing official who, upon determining +such information to be fact, shall order any person using or maintaining +any such condition or responsible for the use or maintenance thereof to +discontinue the use or maintenance thereof or to repair, alter, remove +or demolish same as he may consider necessary for the proper protection +of life, health or property, and in the case of any gas piping or gas +appliance may order any person applying gas to such piping or appliance +to discontinue supplying gas thereto until such piping or appliance is +made safe to life, health or property. +Every such order shall be in writing, addressed to the owner, agent or +person responsible for the premises in which such condition exists and +shall specify the date or time for compliance with such order. +.IP " 3." 4 +Refusal, failure or neglect to comply with any such notice or order +shall be considered a violation of this Code. +.IP " 4." 4 +When any plumbing system is maintained in violation of this Code and in +violation of any notice issued pursuant to the provisions of this +section or where a nuisance exists in any building or on a lot on which +a building is situated, the plumbing official shall institute any +appropriate action or proceeding in any court of competent jurisdiction +to prevent, restrain, correct or abate the violation or nuisance. +.LP +(Code 1999, § 5-304) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications" -A "\c" \ + -- "Sec 5-305 Backwater Valves; When Required; Specifications" +\& +.LP +There shall be two directional cleanouts with a backwater valve in +between the two directional cleanouts near the junction of the building +drain and building sewer. +The two directional cleanouts and backwater valve shall be outside the +building wall, provided that it is brought up to finish grade. +Backwater valves shall be subject to the following specifications: +.IP " 1." 4 +The installation of backwater devices shall be in accordance with lawful +requirements of the administrative authority; +.IP " 2." 4 +Backwater valves shall be installed in the building drain branch which +receives only the discharge from fixtures connected to branches which +are located below ground level; +.IP " 3." 4 +Backwater valves shall have all bearing parts of corrosion-resistant +material; +.IP " 4." 4 +Backwater valves shall be installed so their working parts will be +readily accessible for service and repairs; and +.IP " 5." 4 +Backwater valves shall be constructed so a mechanical seal against +backflow will be provided. +.LP +(Code 1999, § 5-305) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334719_Ordinance%20No.%20868(17).pdf" -A "\c" \ + -- "868(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties" -A "\c" \ + -- "Sec 5-306 Violations And Penalties" +\& +.IP " 1." 4 +Any person violating any provisions of this chapter shall be deemed +guilty of an offense and, upon conviction thereof, shall be punishable +as provided in section 1-108 or by revocation of the plumber\[aq]s +license, or by both fine and revocation of the plumber\[aq]s license. +Each separate day or any portion thereof during which any violation of +this chapter occurs or continues shall be deemed to constitute a +separate offense, and, upon conviction thereof, shall be punished as +herein provided. +.IP " 2." 4 +The issuance or granting of a permit or approval of plans and +specifications shall not be deemed or construed to be a permit for or an +approval of any violation of any of the provisions of this chapter. +No permit presuming to give authority to violate or cancel the +provisions of this chapter shall be valid, except insofar as the work or +use which it authorized is lawful. +.LP +(Code 1999, § 5-306) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-3B PLUMBERS\[aq] REGISTRATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions" -A "\c" \ + -- "Sec 5-311 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered" -A "\c" \ + -- "Sec 5-312 Contractors To Be Registered" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable" -A "\c" \ + -- "Sec 5-313 Contractor\[aq]s Registration Not Transferable" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration" -A "\c" \ + -- "Sec 5-314 Amendment Of Contractor\[aq]s Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor" -A "\c" \ + -- "Sec 5-315 Employment Of Contractor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign" -A "\c" \ + -- "Sec 5-316 Contractor\[aq]s Place Of Business, Telephone, Sign" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number" -A "\c" \ + -- "Sec 5-317 Display Of Contractor\[aq]s Sign And Registration Number" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen" -A "\c" \ + -- "Sec 5-318 Contractors Employing Unqualified Workmen" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business" -A "\c" \ + -- "Sec 5-319 Partnerships, Firms And Corporations In Plumbing Business" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees" -A "\c" \ + -- "Sec 5-320 Issuance Of Contractor\[aq]s Registration, Expiration, Renewal, Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration" -A "\c" \ + -- "Sec 5-321 Failure To Renew Contractor\[aq]s Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date" -A "\c" \ + -- "Sec 5-322 Time For Contractor Registration, Partial Year Registration Expiration Date" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension" -A "\c" \ + -- "Sec 5-323 Contractor\[aq]s Registration Revocation, Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered" -A "\c" \ + -- "Sec 5-324 Journeymen To Be Licensed, Registered" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen" -A "\c" \ + -- "Sec 5-325 Supervision Of Journeymen" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision" -A "\c" \ + -- "Sec 5-326 Registration Of Apprentices Required; Supervision" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices" -A "\c" \ + -- "Sec 5-327 Number Of Apprentices" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] The Plumbing License Law of 1955, 59 +O.S. +§ 1001 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions" -A "\c" \ + -- "Sec 5-311 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Apprentice\f[R] or \f[I]plumber\[aq]s apprentice\f[R] means any +person 16 years of age or over who is engaged in learning and assisting +in the installation of plumbing under the direct supervision of a +licensed journeyman plumber or plumbing contractor. +.PP +\f[I]Journeyman plumber\f[R] means any person who performs the manual +work of installing plumbing under the direction of a master plumber or +plumbing contractor. +This definition may be construed to mean any person who has qualified +and is licensed under The Oklahoma State Plumbing Licensing Law of 1955 +(59 O.S. +§ 1001 et seq.) +to act as a journeyman plumber according to the requirements of such +Law. +.PP +\f[I]Plumbing contractor\f[R] means any person skilled in the planning, +superintending and practical installation of plumbing and is familiar +with the laws, rules and regulations governing the same. +This definition may be construed to mean any person who has qualified +and is licensed under the Oklahoma State Plumbing Licensing Law, who may +operate as an individual, a firm, partnership or corporation to engage +in the business of plumbing, or the business of contracting to do, or +furnish labor or labor and materials for the installation, repair, +maintenance or renovation of plumbing, according to the requirements of +the Oklahoma State Plumbing Licensing Law of 1955 (59 O.S. +§ 1001 et seq.) +.PP +(Code 1999, § 5-311) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered" -A "\c" \ + -- "Sec 5-312 Contractors To Be Registered" +\& +.LP +No person shall operate a place of business or engage in the business of +contracting to do plumbing or the installation of plumbing fixtures or +any sanitary equipment or installation of lawn sprinklers or making +connections with a water sewer main until he has complied with the +requirements of this article and has been registered and bonded as a +plumbing contractor. +The certificate of registration shall be issued only to individuals who +have furnished satisfactory evidence of compliance with the laws of the +state, and satisfactory evidence of responsibility and skill as provided +by this article. +The registration shall show thereon the individual\[aq]s business +address and his business connections. +.PP +(Code 1999, § 5-312; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable" -A "\c" \ + -- "Sec 5-313 Contractor\[aq]s Registration Not Transferable" +\& +.LP +A plumbing contractor\[aq]s registration shall not be transferred, +loaned or assigned. +.PP +(Code 1999, § 5-313; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration" -A "\c" \ + -- "Sec 5-314 Amendment Of Contractor\[aq]s Registration" +\& +.LP +In the event the person holding a certificate of registration, or +license, as a plumbing contractor changes his business address or his +business connection, association or employment, he shall, within five +days thereafter, notify the plumbing inspector of such change and +present his certificate of registration to the plumbing inspector for +amendment. +The plumbing inspector shall thereupon write in the certificate of +registration the new address or business connection, or both, together +with the date of the change thereof and note the changes in the records +of his office. +.PP +(Code 1999, § 5-314; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor" -A "\c" \ + -- "Sec 5-315 Employment Of Contractor" +\& +.LP +No person other than a plumbing contractor shall hire, engage, or employ +any person to do any plumbing within the city, or work that connects +with a city water or sewer main outside the city, who is not a licensed +and registered plumbing contractor under the terms of this article. +.PP +(Code 1999, § 5-315; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign" -A "\c" \ + -- "Sec 5-316 Contractor\[aq]s Place Of Business, Telephone, Sign" +\& +.LP +Every person engaged in the business of, and operating as, a plumbing +contractor within the city shall maintain a regular place of business, a +telephone listed with the telephone company as a business phone and +display a sign bearing the firm\[aq]s name and registration number. +.PP +(Code 1999, § 5-316; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number" -A "\c" \ + -- "Sec 5-317 Display Of Contractor\[aq]s Sign And Registration Number" +\& +.LP +It shall be the duty of every plumbing contractor to display his sign +and state license on all cars and trucks used in the operation of his +business. +The signs and state license numbers on all cars and trucks used in the +operation of his business shall be printed on both sides of the vehicles +with letters and figures of not less than two-inch lettering and +numbers. +.PP +(Code 1999, § 5-317; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen" -A "\c" \ + -- "Sec 5-318 Contractors Employing Unqualified Workmen" +\& +.LP +It is hereby declared unlawful and an offense for any plumbing +contractor to employ any person to work at the trade of plumbing unless +the person employed is licensed and registered under the ordinances of +the city, except such work as may be done by apprentices holding permits +to work as such as provided by this article. +.PP +(Code 1999, § 5-318; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business" -A "\c" \ + -- "Sec 5-319 Partnerships, Firms And Corporations In Plumbing Business" +\& +.LP +A partnership, firm, corporation or business trust may only engage in +the plumbing business within the city through one bona fide member of +the partnership, firm or business trust, or one officer of the +corporation, who carries and holds a license and certificate of +registration as a plumbing contractor and who is bonded as such. +In the event the person or member holding the license or certificate of +registration should leave the employment of, or be discharged by, or +sever his connections with, or lose his status as a member or officer of +the partnership, firm, corporation or business trust which is operating +under his license and certificate of registration and through him, the +authority of the firm, corporation or business trust to do business +shall immediately cease and they or it must qualify under and comply +with the terms of this article before any further business is conducted, +except that the partnership, firm, corporation, or business trust may +continue to engage in the plumbing business within the city for a period +of 60 days from the time the license-carrying and registered member +thereof is called for and is actually engaged in military service or +training for any branch of the armed services of the United States of +America, provided the fees and bonds required by this article are kept +in full force and effect. +.PP +(Code 1999, § 5-319; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees" -A "\c" \ + -- "Sec 5-320 Issuance Of Contractor\[aq]s Registration, Expiration, Renewal, Fees" +\& +.LP +An applicant for a plumbing contractor\[aq]s certificate of +registration, after complying with the laws of the state and with this +article, and after payment of the fee hereinafter specified, shall be +registered by the city clerk. +The initial registration fee shall be as established by resolution and +each annual renewal fee shall be as established by resolution. +Plumbing contractors desiring to renew their registration shall furnish +the same evidence of compliance with state licensing laws as furnished +and required upon initial registration. +.PP +(Code 1999, § 5-320; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration" -A "\c" \ + -- "Sec 5-321 Failure To Renew Contractor\[aq]s Registration" +\& +.LP +All plumbing contractor registrations not renewed within 30 days after +the date of expiration thereof shall be canceled and a new application +for registration must be made and the fee for a new registration paid. +.PP +(Code 1999, § 5-321; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date" -A "\c" \ + -- "Sec 5-322 Time For Contractor Registration, Partial Year Registration Expiration Date" +\& +.LP +A plumbing contractor\[aq]s registration may be applied for and secured +at any time during the year, but in no event shall the fee paid for the +registration be less than for a full year. +All registrations shall expire on August 31 of each calendar year. +.PP +(Code 1999, § 5-322; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension" -A "\c" \ + -- "Sec 5-323 Contractor\[aq]s Registration Revocation, Suspension" +\& +.LP +For good and sufficient cause the plumbing inspector and the health +officer may revoke the certificate of registration of any plumbing +contractor and thereafter he shall not be permitted to do business or +work within the city or on premises connected with the city water or +sewer system. +In the event of such revocation, the holder of such registration may +appeal to the plumbing board and the action of the board shall be final. +.PP +(Code 1999, § 5-323; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered" -A "\c" \ + -- "Sec 5-324 Journeymen To Be Licensed, Registered" +\& +.LP +No person shall engage in or work at the trade of journeyman plumber in +the city without having first been licensed as provided by state law. +.PP +(Code 1999, § 5-324; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen" -A "\c" \ + -- "Sec 5-325 Supervision Of Journeymen" +\& +.LP +A journeyman plumber shall at all times while working at his trade be in +the employment of a plumbing contractor who is licensed and registered +under the terms of this article as a plumbing contractor. +.PP +(Code 1999, § 5-325; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision" -A "\c" \ + -- "Sec 5-326 Registration Of Apprentices Required; Supervision" +\& +.LP +Any person desiring to serve as an apprentice at the trade of plumbing +in the city must first be licensed as provided by state law. +.PP +(Code 1999, § 5-329; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ + -- "863(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices" -A "\c" \ + -- "Sec 5-327 Number Of Apprentices" +\& +.LP +No journeyman plumber shall at any one time have more than three +apprentices working under his supervision. +.PP +(Code 1999, § 5-331; Ord. +No. +559(91), 6-17-1991; Ord. +No. +159(96), 7-1-1996; Ord. +No. +179(97), 1-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE" -A "\c" \ + -- "CHAPTER 5-4 ELECTRIC CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-4A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-4B ELECTRICAL CONTRACTOR\[aq]S AND ELECTRICIAN\[aq]S REGISTRATION" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Electrical License Act, 59 O.S. +§ 1680 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-4A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70" -A "\c" \ + -- "Sec 5-401 Adoption Of The National Electrical Code; NFPA 70" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-402 Provisions Declared To Be Minimum Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required" -A "\c" \ + -- "Sec 5-403 Electrical Installation Permit Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees" -A "\c" \ + -- "Sec 5-404 Temporary Permit; Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal" -A "\c" \ + -- "Sec 5-405 Inspection, Not To Conceal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies" -A "\c" \ + -- "Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility Companies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected" -A "\c" \ + -- "Sec 5-407 Wiring Protection, When Inspected" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials" -A "\c" \ + -- "Sec 5-408 Defective Workmanship And Materials" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings" -A "\c" \ + -- "Sec 5-409 Relocated Buildings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility" -A "\c" \ + -- "Sec 5-410 Inspection No Relief From Responsibility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee" -A "\c" \ + -- "Sec 5-411 Electrical Committee" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70" -A "\c" \ + -- "Sec 5-401 Adoption Of The National Electrical Code; NFPA 70" +\& +.IP " 1." 4 +For the purposes of establishing basic minimum requirements necessary +for safety in the use of electricity, and of prescribing rules and +regulations governing the installation of electrical wiring and +appliances within the city, there is hereby adopted that certain code +known as the 2014 National Electrical Code\[em]NFPA 70, as adopted by +the state uniform building code commission pursuant to 59 O.S. +§ 1000.23, thereof and the whole thereof, save and except such +provisions as are hereinafter deleted, modified or amended, referred to +herein as the \[dq]electrical code\[dq]; of which code not less than one +copy has been and now is filed in the office of the clerk. +The electrical code is hereby incorporated as fully as if set out at +length herein. +.IP " 2." 4 +The 2014 National Electric Code is hereby amended as follows: +.RS 4 +.IP " 1." 4 +Insert new section 305 to read as follows: +.br +Aluminum wire may only be used if it is sized at 4/0 or larger, used for +service and feeders only and installed as per manufacturer\[aq]s +installation instructions. +.IP " 2." 4 +Insert new section 300.1(D) to read as follows: +.br +All commercial structures shall be wired in conduit. +NM cable shall not be used. +.IP " 3." 4 +Section 210.19(A)(4) is hereby amended by: +.br +Deleting the number \[dq]14\[dq] and inserting the number \[dq]12.\[dq] +.IP " 4." 4 +Section 250.118 is hereby deleted and the following language is hereby +substituted: +.br +250.118 Types of Equipment Grounding Conductors. +The equipment grounding conductor run with the circuit conductors shall +be copper only. +This conductor shall be solid or stranded; insulated, covered, or bare; +and in the form of a wire of any shape. +.br +All raceways or cable assemblies shall include a green or bare equipment +grounding conductor. +Said conductor shall be bonded to all non-current carrying metal parts +of the electrical system. +.IP " 5." 4 +Section 680.23(A)(4) is hereby amended by: +.br +Deleting the number \[dq]150\[dq] and inserting the number \[dq]15.\[dq] +.IP " 6." 4 +Section 680.23(A)(2) is hereby amended by adding the following language: +.br +A ground fault circuit interrupter shall be installed in branch circuits +that supply low voltage lighting transformers. +.RE +.LP +(Code 1999, § 5-401; Ord. +No. +424(87), 2-17-1987; Ord. +No. +33(92), 9-21-1992; Ord. +No. +183(97), 4-7-1997; Ord. +No. +375(02), 8-19-2002; Ord. +No. +535(06), 2-21-2006; Ord. +No. +634(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324349_Ordinance%20No.%20740%20(13).pdf" -A "\c" \ + -- "740(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ + -- "861(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-402 Provisions Declared To Be Minimum Requirements" +\& +.LP +The provisions of the 2014 National Electrical Code, in their +interpretation and application shall be held to be minimum requirements +adopted for the promotion of public health, safety and general welfare. +Wherever any of the provisions or requirements of the 2014 National +Electrical Code are inconsistent with the provisions of this Code or +state statutes presently existing or enacted in the future, the +provisions or requirements containing the most restrictive regulation +shall apply and govern. +.PP +(Code 1999, § 5-402) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ + -- "861(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required" -A "\c" \ + -- "Sec 5-403 Electrical Installation Permit Required" +\& +.IP " 1." 4 +No person shall begin work on any electrical facilities installation +within the corporate limits of the city without first securing the +required permit from the electrical inspector +.IP " 2." 4 +Permits shall be issued only to electrical contractors with current +unrevoked state licenses and current unrevoked city registration +certificates. +.LP +(Code 1999, § 5-403) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ + -- "861(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees" -A "\c" \ + -- "Sec 5-404 Temporary Permit; Fees" +\& +.LP +Where for good and sufficient cause it is necessary to have electricity +on any installation before the final certificate can be issued, the +electrical inspector may, if all parts to which currents are applied are +in a safe and satisfactory condition, issue a temporary permit. +However, before the temporary permit is issued, the party requesting it +shall pay to the city the fee as provided in the fee schedule. +The permit then received shall be in force for a period of 30 days from +its date; and at the end of 30 days, and each succeeding 30 days +thereafter, for each term so requested, the fee shall be as provided in +the fee schedule. +.PP +(Code 1999, § 5-404) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal" -A "\c" \ + -- "Sec 5-405 Inspection, Not To Conceal" +\& +.IP " 1." 4 +In making inspection of new work \[dq]rough-in,\[dq] the electrical +inspector shall leave a tag in the cabinet plainly stating whether the +work has been approved and is ready to conceal, or that work does not +meet standards and must not be covered until approved by the electrical +inspector. +.IP " 2." 4 +It is unlawful for any person to conceal or cause to be concealed any +electrical conductors used for electric lights, heat or power until such +time as he knows the work has been approved by the electrical inspector. +A tag in the cabinet properly signed and dated so stating the +inspector\[aq]s approval will be sufficient notice. +.LP +(Code 1999, § 5-405) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies" -A "\c" \ + -- "Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility Companies" +\& +.IP " 1." 4 +The electrical inspector shall have and is hereby given the authority to +refuse to issue a permit for the installation of electrical facilities +in or on any building when, in his estimation, the wiring done or +proposed to be done is unsafe or not in accordance with the provisions +of this chapter. +If after a permit is issued the work installed under such permit for any +reason does not comply with the regulations of this chapter, the +inspector shall refuse to issue a certificate of inspection. +.IP " 2." 4 +No electric light or power company shall connect to any electrical +facilities of any kind whatsoever until furnished with a certificate of +inspection or a permit for such connection duly executed by the +electrical inspector. +All electric light or power companies, whether operating under a regular +franchise granted by the city or not, shall, upon written notice from +the electrical inspector, disconnect from any circuit or service +designated by the notice from the inspector. +.IP " 3." 4 +The electrical inspector shall enforce all the provisions of this +chapter. +Whenever he shall be notified by any citizen of any violation of this +chapter or of the existence of any dangerous or defective electrical +facilities, he shall make an investigation thereof without delay. +.IP " 4." 4 +Whenever any electrical facilities are found by the electrical inspector +to be unsafe or defective or in an insecure condition, he shall notify +the owner or person in control thereof, in writing, to repair or remove +the defective facilities, and upon such person\[aq]s failure to repair +or remove same within such time as the inspector may deem necessary, +which time shall be stated in such notice, the inspector shall cause the +service connected to such facilities to be discontinued. +.LP +(Code 1999, § 5-406) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected" -A "\c" \ + -- "Sec 5-407 Wiring Protection, When Inspected" +\& +.IP " 1." 4 +No owner, contractor or worker shall in any manner interfere with any +electrical facilities being installed in or on any building. +If in the course of the erection of a building the facilities are in +such position as to interfere with its erection or completion as called +for by the plans, notice shall be immediately given the person +installing the facilities, and the needed change shall be made by such +person upon approval for such modification by the electrical inspector. +Upon inspecting the electrical facilities of any building, the +electrical inspector shall leave notice in the form of a tag or label +attached to the electrical facilities. +The notice shall clearly state whether the electrical facility is +approved or is to be kept open for corrections; and no person shall +lath, seal or in any way conceal any electrical facility until he is +informed and knows that such wiring has been approved. +.IP " 2." 4 +The electrical inspector shall furnish such person or licensed +electrical contractor with a certificate, which shall state that such +electrical facility is approved only so far as \[dq]roughing-in\[dq] is +concerned, and that it is not the final certificate, and does not +entitle the electric light or power company to connect its service to +the electrical facilities. +A certificate entitling the electric light or power company to connect +its service to electrical facilities shall be furnished only after all +fixtures are in place and final inspection is made. +.LP +(Code 1999, § 5-407) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials" -A "\c" \ + -- "Sec 5-408 Defective Workmanship And Materials" +\& +.LP +Any person, firm or corporation engaged in the business of electrical +contracting for the installation of wiring and apparatus for electric +light, heat or power in the city, who fails to correct promptly any +defects in any work done by him contrary to this Code, after having been +notified by the electrical inspector, shall not be issued any further +permits until such defects have been corrected; and in any case in which +any person shall continue to or persistently violate this Code in regard +to electrical work, or the orders of the electrical inspector in +relation to same, the registration and permit of such person shall be +suspended or revoked. +.PP +(Code 1999, § 5-408) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings" -A "\c" \ + -- "Sec 5-409 Relocated Buildings" +\& +.LP +When a building or a portion of a building containing electric wiring is +moved from its foundation, the owner shall have the electric wiring and +equipment in the building inspected and repaired where necessary to +provide for adequate service, branch circuits, receptacles and +grounding. +.PP +(Code 1999, § 5-409) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility" -A "\c" \ + -- "Sec 5-410 Inspection No Relief From Responsibility" +\& +.LP +This Code shall not be construed to relieve or lessen the responsibility +of any person, partnership or corporation owning or operating or +installing electric wires, appliances, apparatus, construction or +equipment for the damage to property or persons injured by any defect +therein; nor shall the city, or any agent thereof, be deemed to assume +such liability by reason of the inspection authorized herein or the +certificate of inspection issued by the electrical inspector. +.PP +(Prior Code, § 5-92; Code 1999, § 5-410) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee" -A "\c" \ + -- "Sec 5-411 Electrical Committee" +\& +.IP " 1." 4 +An electrical board is hereby created and established. +The board shall consist of five members, including four appointive +members and one ex officio member. +The appointive members shall be appointed by the mayor and confirmed by +the city council. +The ex officio member shall be the electrical inspector. +The appointive members shall be qualified as follows: +.RS 4 +.IP " 1." 4 +Two members shall be active as electrical contractors; +.IP " 2." 4 +Two members shall be active as journeymen electricians. +.br +The appointive members shall hold office for a term of two years and may +be removed for cause. +Vacancies shall be filled by appointment for the unexpired term. +The appointive members may receive a compensation if so established by +the city council. +Two members of the board present at any meeting shall constitute a +quorum for the transaction of business. +The concurring vote of not less than two members is necessary to +constitute an official action of the board. +The ex officio member shall have voting power and shall be counted in +determining a quorum. +.RE +.IP " 2." 4 +The board shall, with the electrical inspector, hear, pass on and settle +any disputes that may arise pertaining to the provisions of this +article. +The board shall prescribe a procedure and order of business for hearing +applications for certificates of registration and hearing appeals from +the decisions of the electrical inspector and aggrievement appeals as +provided herein. +.LP +(Prior Code, §§ 5-126\[em]5-132, in part; Code 1999, § 5-411) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-4B ELECTRICAL CONTRACTOR\[aq]S AND ELECTRICIAN\[aq]S REGISTRATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions" -A "\c" \ + -- "Sec 5-421 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required" -A "\c" \ + -- "Sec 5-422 Registration Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate" -A "\c" \ + -- "Sec 5-423 Classification Of Registration Certificate" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee" -A "\c" \ + -- "Sec 5-424 Registration Fee, Annual Renewal Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate" -A "\c" \ + -- "Sec 5-425 Journeyman Electrician\[aq]s Registration Certificate" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate" -A "\c" \ + -- "Sec 5-426 Electrical Apprentice\[aq]s Registration Certificate" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Electrical License Act, 59 O.S. +§ 1680 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions" -A "\c" \ + -- "Sec 5-421 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Administrative authority\f[R] or \f[I]electrical inspector\f[R] +means the electrical inspector, or the building official or his designee +if no electrical inspector is appointed. +.PP +\f[I]Electrical apprentice\f[R] means any person 16 years of age or +older whose principal occupation is the learning of and assisting in the +installation of electrical work under the direct supervision of a +licensed journeyman electrician or electrical contractor. +Each apprentice shall be in possession of a valid electrical apprentice +license issued by the state. +.PP +\f[I]Electrical contractor\f[R] means any person skilled in the +planning, superintending and practical installation of electrical +facilities who is familiar with the laws, rules and regulations +governing such work. +The term \[dq]electrical contractor\[dq] also means any individual, +firm, partnership, corporation or business performing skills of an +electrical contractor, of an electrician or the business of contracting +or furnishing labor or labor and materials for the installation, repair, +maintenance or renovation of electrical facilities according to the +provisions of the Electrical License Act (59 O.S. +§ 1680 et seq.). +Each electrical contractor shall be in possession of a valid electrical +contractor license issued by the state. +.PP +\f[I]Electrical facilities\f[R] means all wiring, fixtures, apparatus, +appurtenances and appliances for and in connection with a supply of +electricity within or adjacent to any building, structure or conveyance +on the premises, but not including the connection with a power supply +meter or other power supply source. +.PP +\f[I]Electrician\f[R] means any person engaged in electrical wiring in +the city. +.PP +\f[I]Journeyman electrician\f[R] means any person other than an +electrical contractor who engages in the actual installation, +alteration, repair or renovation of electrical facilities unless +specifically exempted by the provisions of the Electrical License Act. +Each journeyman electrician shall be in possession of a valid journeyman +electrician\[aq]s license issued by the state. +.PP +(Code 1999, § 5-421) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required" -A "\c" \ + -- "Sec 5-422 Registration Required" +\& +.IP " 1." 4 +No person shall conduct, carry on or engage in the business of +electrical installation, maintaining, altering or repairing any wiring, +fixtures or equipment for the conducting of electrical current or act in +the capacity of an electrical contractor without first having issued to +him a valid and unrevoked electrical contractor\[aq]s license as +provided by state law and an electrical contractor\[aq]s registration +certificate issued by the city. +.IP " 2." 4 +No person shall labor at the trade of electrician in the capacity of a +journeyman electrician within the city without first having had issued +to him a valid and unrevoked journeyman electrician\[aq]s license issued +by the city as provided by state law. +.IP " 3." 4 +No person shall labor at the trade of electrician in the capacity of an +electrical apprentice within the city without first having had issued to +him a valid and unrevoked apprentice electrician registration +certificate as provided by state law. +.IP " 4." 4 +A partnership, firm, corporation or business trust may only engage in +the electrical business within the city through one bona fide member of +the partnership or firm, or one officer of the corporation or business +trust, who has legal authority to act for such partnership, firm, +corporation or business trust and who carries and holds a license under +state law as an electrical contractor and who has registered such +license as required by this article. +In the event the person or member holding the license or certification +of registration should leave or sever his connection with or lose his +status as a member or officer of the partnership, firm, corporation or +business trust, or in the event he is called for, and while he is +serving in the armed forces of the United States, such firm, +partnership, corporation or business trust may continue to engage in the +electrical business for a period not to exceed six months from death or +call to service. +However, all fees required by this article shall be paid and kept in +full force, and a duly registered electrical contractor shall assume in +writing the supervision of such work. +.LP +(Prior Code, § 5-146, in part; Code 1999, § 5-422) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ + -- "869(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate" -A "\c" \ + -- "Sec 5-423 Classification Of Registration Certificate" +\& +.LP +There shall be one class of electrical registration certificates, which +shall be known as follows: Electrical contractor. +.PP +(Code 1999, § 5-423) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ + -- "869(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee" -A "\c" \ + -- "Sec 5-424 Registration Fee, Annual Renewal Fee" +\& +.IP " 1." 4 +The registration and renewal fees and bond requirements of electrical +contractors shall be as provided in the fee and bond schedules. +.IP " 2." 4 +Every person applying for an electrical registration certificate shall, +upon acceptance of his qualifications by the city, at the time he makes +such application, pay to the city the fees as provided in the fee +schedule and post bond as required in this section. +.IP " 3." 4 +Applicants for registration shall pay to the city the required +registration fees. +The fees shall be paid after all requirements are met. +.IP " 4." 4 +Annual renewal of registration certificates shall be accomplished by +payment of the renewal fees as provided herein. +A receipt and registration certificate for the appropriate year shall be +issued by the city upon payment of annual renewal fees. +The registration number shall remain the same each year. +.IP " 5." 4 +A registration certificate shall be issued to the person named on the +certificate who shall be known as the holder of the certificate. +.IP " 6." 4 +A registration certificate shall expire annually. +All registrations shall expire on August 31 of each calendar year. +.IP " 7." 4 +Renewal applications and fees must be received by the city within 30 +days after the expiration of the certificate or else the applicant must +proceed in the manner required of a new or initial applicant. +.LP +(Prior Code, § 5-154, in part; Code 1999, § 5-424) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ + -- "869(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate" -A "\c" \ + -- "Sec 5-425 Journeyman Electrician\[aq]s Registration Certificate" +\& +.LP +No person shall work as a journeyman electrician unless he holds a valid +unrevoked state license as provided for herein. +No journeyman electrician shall perform any electrical wiring +installation except through a licensed and registered electrical +contractor and shall perform all installations, alterations and repairs +of electrical wiring, fixtures and equipment in accordance with this +Code. +.PP +(Code 1999, § 5-425) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ + -- "869(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate" -A "\c" \ + -- "Sec 5-426 Electrical Apprentice\[aq]s Registration Certificate" +\& +.LP +Under no circumstances shall an electrical apprentice perform any duty +or phase of electrical installation unless a journeyman electrician or +electrical contractor is on the project during such installation and +such electrical apprentice is directly supervised by a journeyman +electrician or electrical contractor. +.PP +(Code 1999, § 5-426) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ + -- "869(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE" -A "\c" \ + -- "CHAPTER 5-5 MECHANICAL CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-5A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-5B REGISTRATION" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Mechanical Licensing Act, 59 O.S. +§ 1850.1 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 5-5A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-502 Additions, Insertions And Changes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits" -A "\c" \ + -- "Sec 5-503 Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-504 Provisions Declared To Be Minimum Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official" -A "\c" \ + -- "Sec 5-505 Mechanical Official" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties" -A "\c" \ + -- "Sec 5-506 Violations And Penalties" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.IP " 1." 4 +That certain document, being marked and designated as \[dq]2015 +International Mechanical Code,\[dq] as adopted by the state uniform +building code commission pursuant to 59 O.S. +§ 1000.23, is hereby adopted as the mechanical code of the city; for the +control of buildings and structures as herein provided; and each and all +of the regulations, provisions, penalties, conditions and terms of the +2015 International Mechanical Code are hereby referred to, adopted and +made a part hereof, as if fully set out in this Code, with the +additions, insertions, deletions and changes, if any, hereinafter +adopted. +.IP " 2." 4 +Subsequent revisions, modifications, codifications or editions of the +code adopted herein shall become effective in the city as they are +available, issued, and adopted by the city. +.IP " 3." 4 +The provisions of the Underwriters Laboratories Inc., as to mechanical +equipment and appliances, fuel supply, combustion air, chimneys and +vents, duct and piping, kitchen exhaust, ventilation and energy +conservation as may hereafter take place will be the standards +applicable in the city. +.LP +(Code 1999, § 5-501; Ord. +No. +493(89), 9-5-1989; Ord. +No. +58(94), 2-22-1994; Ord. +No. +276(00), 4-17-2000; Ord. +No. +373(02), 8-19-2002; Ord. +No. +537(06), 2-21-2006; Ord. +No. +636(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ + -- "738(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf" -A "\c" \ + -- "860(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-502 Additions, Insertions And Changes" +\& +.IP " 1." 4 +The code adopted in section 5-501 shall be known and cited as the +city\[aq]s mechanical code. +All persons shall comply with the provisions of the code. +.IP " 2." 4 +The following sections are hereby revised as follows: +.RS 4 +.IP " 1." 4 +M-101.1 Title: These regulations shall be known as the Mechanical Code +of the City of Moore, Oklahoma, hereinafter referred to as \[dq]this +code.\[dq] +.IP " 2." 4 +Section 106.5.2 Fee Schedule: Insert: As provided in the city\[aq]s fee +schedule. +.IP " 3." 4 +Section 108.4 Violation Penalties: Insert: Refer to City Code section +1-108, General and specific penalties; suspension or revocation of +license or permit. +.IP " 4." 4 +Section 108.4.1 Unlawful continuance: Insert: Refer to City Code section +1-108, General and specific penalties; suspension or revocation of +license or permit. +.IP " 5." 4 +Section 109.2 Membership of board: Amended to read as follows: +.br +There is hereby created a mechanical board for the city, which shall be +composed of the building official of the city, who shall be ex officio +chairman of the board; a second board member who shall be a licensed +mechanical contractor; a third member who shall be a licensed mechanical +contractor; and a fourth member who shall be a licensed mechanical +journeyman. +The second, third, and fourth members shall be appointed by the city +council for a term of two years, and each shall serve until his +successor is appointed and qualified unless sooner removed for cause. +The second and third members shall have been actively engaged in such +occupation for a period of not less than five years immediately +preceding the date of his appointment. +.IP " 6." 4 +Section 603.8 is amended to read as follows: +.br +Exceptions: +.RS 4 +.IP " 1." 4 +All ducts installed underslab shall be graded to access plenum or boot. +.RE +.RE +.LP +(Code 1999, § 5-502; Ord. +No. +493(89), 9-5-1989; Ord. +No. +58(94), 2-22-1994; Ord. +No. +276(00), 4-17-2000; Ord. +No. +373(02), 8-19-2002; Ord. +No. +537(06), 2-21-2006; Ord. +No. +636(08), 12-15-2008) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ + -- "738(13)" +\& on 2/4/2013 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits" -A "\c" \ + -- "Sec 5-503 Permits" +\& +.IP " 1." 4 +No person shall engage in any work covered by the mechanical code +without first securing a permit from the city. +.IP " 2." 4 +The permit fees shall be as set by the city by motion or resolution. +.LP +(Code 1999, § 5-503) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 5-504 Provisions Declared To Be Minimum Requirements" +\& +.LP +The provisions of the International Mechanical Code, 2015 edition, in +their interpretation and application shall be held to be minimum +requirements adopted for the promotion of public health, safety and +general welfare. +Wherever any of the provisions or requirements of this code are +inconsistent with the provisions of this Code or state statutes +presently existing or enacted in the future, the provisions or +requirements containing the most restrictive regulation shall apply and +govern. +.PP +(Code 1999, § 5-504; Ord. +No. +373(02), 8-19-2002; Ord. +No. +537(06), 2-21-2006; Ord. +No. +636(08), 12-15-2008) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ + -- "738(13)" +\& on 2/4/2013 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf" -A "\c" \ + -- "860(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official" -A "\c" \ + -- "Sec 5-505 Mechanical Official" +\& +.IP " 1." 4 +The term \[dq]administrative authority\[dq] or \[dq]mechanical +official\[dq] means the mechanical official, or the building official or +his designee if no mechanical official is appointed through the chain of +authority that is in effect when applying this code. +.IP " 2." 4 +The administration and enforcement of the mechanical code shall be the +responsibility of the mechanical official through the departmental +structure that is in effect when applying this code. +.LP +(Code 1999, § 5-505) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties" -A "\c" \ + -- "Sec 5-506 Violations And Penalties" +\& +.IP " 1." 4 +Any person, firm or corporation violating any provisions of this chapter +shall be deemed guilty of an offense and, upon conviction thereof, shall +be punishable as provided by section 1-108 or by revocation of the +applicable city license. +Each separate day or any portion thereof during which any violation of +this chapter occurs or continues shall be deemed to constitute a +separate offense, and, upon conviction thereof, shall be punishable as +herein provided. +.IP " 2." 4 +The issuance or granting of a permit or approval of plans and +specifications shall not be deemed or construed to be a permit for, or +an approval of, any violation of any of the provisions of this chapter. +No permit presuming to give authority to violate or cancel the +provisions of this chapter shall be valid except insofar as the work or +use which it authorized is lawful. +The issuance or granting of a permit or approval of plans shall not +prevent the mechanical official from thereafter requiring the correction +of errors in the plans and specifications or from preventing +construction operations being carried on thereunder when in violation of +this chapter or any other ordinance or from revoking any certificate of +approval when issued in error. +.LP +(Code 1999, § 5-506) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION" -A "\c" \ + -- "ARTICLE 5-5B REGISTRATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions" -A "\c" \ + -- "Sec 5-511 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required" -A "\c" \ + -- "Sec 5-512 License And Registration Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee" -A "\c" \ + -- "Sec 5-513 Registration Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates" -A "\c" \ + -- "Sec 5-514 Issuance Of Registration Certificates" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation" -A "\c" \ + -- "Sec 5-515 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation" -A "\c" \ + -- "Sec 5-516 No Mechanical Work To Be Performed During Suspension Or Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration" -A "\c" \ + -- "Sec 5-517 Reinstatement Of Certificate Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration" -A "\c" \ + -- "Sec 5-518 Engaging In Business Without A Certificate Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business" -A "\c" \ + -- "Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of Business" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required" -A "\c" \ + -- "Sec 5-520 Identification Display On Vehicles Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen" -A "\c" \ + -- "Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered Journeymen" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects" -A "\c" \ + -- "Sec 5-522 Failure To Correct Defects" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited" -A "\c" \ + -- "Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations" -A "\c" \ + -- "Sec 5-524 Mechanical Journeyman Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations" -A "\c" \ + -- "Sec 5-525 Mechanical Apprentice Regulations" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Mechanical Licensing Act, 59 O.S. +§ 1850.1 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions" -A "\c" \ + -- "Sec 5-511 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Mechanical apprentice\f[R] or \f[I]apprentice\f[R] means any person +16 years of age or older whose principal occupation is learning +mechanical work on the job under the direct supervision of a journeyman +or contractor. +.PP +\f[I]Mechanical contractor\f[R] or \f[I]contractor\f[R] means any person +engaged in the business of planning, contracting, supervising or +furnishing labor or labor and materials for mechanical work. +.PP +\f[I]Mechanical journeyman\f[R] or \f[I]journeyman\f[R] means any person +other than a contractor or apprentice who engages in mechanical work. +.PP +\f[I]Mechanical work\f[R] means the installation, maintenance, repair, +or renovation, in whole or in part, of any heating system, exhaust +system, cooling system, mechanical refrigeration system or ventilation +system or any equipment or piping carrying chilled water, air for +ventilation purposes, or natural gas, or the installation, maintenance, +repair, or renovation of process piping used to carry any liquid, +substance, or material, including steam and hot water used for space +heating purposes not under the jurisdiction of the department of labor +other than minor repairs to such systems. +.PP +(Code 1999, § 5-511) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required" -A "\c" \ + -- "Sec 5-512 License And Registration Required" +\& +.IP " 1." 4 +No person shall conduct, carry on or engage in the business of +mechanical work or act in the capacity of a mechanical contractor within +the city without first having had issued to him a valid and unrevoked +mechanical contractor\[aq]s license as provided by state law and a +current mechanical contractor\[aq]s registration certificate issued by +the city. +.IP " 2." 4 +No person shall labor at the trade of mechanical work in the capacity of +a mechanical journeyman within the city without first having had issued +to him a valid and unrevoked mechanical journeyman\[aq]s license as +provided by state law. +.IP " 3." 4 +No person shall labor at the trade of mechanical work in the capacity of +a mechanical apprentice within the city without first having had issued +to him a valid and unrevoked mechanical apprentice registration +certificate as provided by state law. +.IP " 4." 4 +Any city certificate of registration issued to an applicant shall be +issued only in the same category as the state license possessed by the +applicant. +It shall further be subject to all limitations, conditions or +restrictions imposed on the state license possessed by the applicant. +The category of the city certificate of registration shall be indicated +on the face of the certificate. +The categories for certificates of registration shall be the following: +.RS 4 +.IP " 1." 4 +Unlimited mechanical air conditioning contractor; +.IP " 2." 4 +Limited mechanical air conditioning contractor; +.IP " 3." 4 +Unlimited heating contractor; +.IP " 4." 4 +Limited heating contractor; +.IP " 5." 4 +Refrigeration contractor; +.IP " 6." 4 +Sheet metal contractor; +.IP " 7." 4 +Natural gas piping contractor. +These categories shall have the same meanings ascribed to them by state +law and regulations. +.RE +.IP " 5." 4 +Unless sooner revoked or suspended as provided for by this article, the +city certificate of registration shall be for a term of one year from +issuance and may be renewed upon expiration in the same manner as +originally obtained. +All registrations shall expire on August 31 of each calendar year. +.IP " 6." 4 +A certificate of registration issued to a mechanical contractor or +journeyman shall authorize the certificate holder to perform mechanical +work only as authorized by state law and regulations adopted pursuant +thereto. +All mechanical work performed by a mechanical contractor or journeyman +shall be strictly limited to the categories in which such contractor or +journeyman is licensed by the state and registered with the city. +.IP " 7." 4 +All certificates issued hereunder must be renewed within 30 days after +the expiration of the certificate or the holder must apply and pay the +fees as required for original registration. +.LP +(Code 1999, § 5-512; Ord. +No. +493(89), 9-5-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee" -A "\c" \ + -- "Sec 5-513 Registration Fee" +\& +.LP +Every person applying for a city mechanical certificate shall, upon +acceptance of his qualifications by the city at the time he makes such +application, pay to the city the fees as provided in the fee schedule. +.PP +(Code 1999, § 5-513) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates" -A "\c" \ + -- "Sec 5-514 Issuance Of Registration Certificates" +\& +.LP +The city shall issue mechanical certificates of registration pursuant to +the following provisions: A mechanical contractor\[aq]s certificate +shall be issued to every person who makes application for such +certificate, pays the required fee, and presents a valid, unrevoked +license as provided by state law for contractor status. +.PP +(Code 1999, § 5-514) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation" -A "\c" \ + -- "Sec 5-515 Revocation" +\& +.IP " 1." 4 +A certificate of registration issued pursuant to this article may be +suspended or revoked in accordance with the following procedures. +.IP " 2." 4 +The city mechanical inspector may suspend or revoke a certificate of +registration if he finds that the certificate holder has repeatedly +failed to perform his work in accordance with the requirements of the +mechanical code and such repeated violations constitute a hazard to the +public health, safety, or welfare. +At least ten days\[aq] notice of such proposed suspension or revocation +shall be given to the certificate holder by certified mail, return +receipt requested, mailed to the last-known address of such person. +The notice shall indicate the date, time, and place of the suspension or +revocation hearing and the charges against the certificate holder. +The certificate holder shall have the right to attend the hearing, be +represented by counsel, and confront and cross examine his accusers. +Upon making the proper finding at the hearing, the city mechanical +inspector may suspend or revoke the certificate as deemed appropriate. +The order suspending or revoking any certificate may be appealed to the +mechanical code review and appeals commission as provided by this +article. +.LP +(Code 1999, § 5-515; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation" -A "\c" \ + -- "Sec 5-516 No Mechanical Work To Be Performed During Suspension Or Revocation" +\& +.LP +No person whose certificate of registration has been suspended or +revoked shall, for the duration of the suspension or revocation, engage +in or offer to engage in any mechanical work within the city. +.PP +(Code 1999, § 5-516; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration" -A "\c" \ + -- "Sec 5-517 Reinstatement Of Certificate Of Registration" +\& +.LP +Unless otherwise ordered by the mechanical code review and appeals +commission, no certificate of registration which has been revoked under +the provisions of this article shall be reinstated for a period of six +months after such revocation. +.PP +(Code 1999, § 5-517; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration" -A "\c" \ + -- "Sec 5-518 Engaging In Business Without A Certificate Of Registration" +\& +.LP +No person, other than a mechanical contractor with a valid state license +and a city certificate of registration as required by this article, +shall maintain a place of business, display a sign, advertise or hold +himself out as a mechanical contractor or make any attempt to install, +alter or repair any mechanical system or otherwise engage in the +business of a mechanical contractor. +.PP +(Code 1999, § 5-518; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business" -A "\c" \ + -- "Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of Business" +\& +.LP +Every person operating under a certificate of registration as a +mechanical contractor shall maintain a place of business as such. +No mechanical contractor shall maintain a place of business without +having a valid state license and a valid city certificate of +registration as required by this article. +Such place of business shall maintain a telephone in the Oklahoma City +telephone exchange or a toll free number. +.PP +(Code 1999, § 5-519; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required" -A "\c" \ + -- "Sec 5-520 Identification Display On Vehicles Required" +\& +.LP +Every mechanical contractor shall display the firm name under which he +does business and state license number on all vehicles used in the +operation of the business. +The name shall be displayed on both sides or in other conspicuous places +on the vehicle in letters of not less than two inches in height. +The state license number shall be permanently affixed on both sides or +in other conspicuous places on the vehicle in numerals of not less than +two inches in height. +.PP +(Code 1999, § 5-520; Ord. +No. +493(89), 9-5-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen" -A "\c" \ + -- "Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered Journeymen" +\& +.LP +A mechanical contractor shall not employ or hire anyone to perform +mechanical work except a mechanical journeyman with a valid state +license as required by this article. +Any journeyman employed by a mechanical contractor shall perform +mechanical work only in the categories for which he has a valid state +license. +.PP +(Code 1999, § 5-521; Ord. +No. +493(89), 9-5-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects" -A "\c" \ + -- "Sec 5-522 Failure To Correct Defects" +\& +.LP +Any person engaged in the business of mechanical contractor who shall +fail to promptly correct any defects in any mechanical work done by him +or by any of his employees or subcontractors contrary to or in violation +of this code after having been notified of such defective work by the +chief mechanical inspector shall not be issued any further permits until +the defect has been corrected. +.PP +(Code 1999, § 5-522; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited" -A "\c" \ + -- "Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration Prohibited" +\& +.LP +No certificate of registration issued pursuant to this article shall be +transferred, loaned, or assigned by the holder thereof to any other +person. +No permits shall be issued pursuant to a certificate of registration +except to the lawful holder of such certificate. +.PP +(Code 1999, § 5-523; Ord. +No. +493(89), 9-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations" -A "\c" \ + -- "Sec 5-524 Mechanical Journeyman Regulations" +\& +.LP +A mechanical journeyman shall, at all times while doing mechanical work, +be in possession of a valid state license and be in the employment of a +licensed and registered mechanical contractor. +No mechanical journeyman shall contract to furnish labor or labor and +materials for mechanical work. +.PP +(Code 1999, § 5-524; Ord. +No. +493(89), 9-5-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations" -A "\c" \ + -- "Sec 5-525 Mechanical Apprentice Regulations" +\& +.LP +A mechanical apprentice shall be subject to the following limitations: +.IP " 1." 4 +A mechanical apprentice shall work only under the direct supervision of +a mechanical contractor or journeyman. +The term \[dq]direct supervision\[dq] shall be construed as presence +\[dq]on the job\[dq] with the supervisor who must be a licensed and +registered mechanical contractor or a licensed mechanical journeyman; +.IP " 2." 4 +A maximum of three mechanical apprentices may work under the supervision +of a person licensed and registered as a mechanical contractor or as a +mechanical journeyman; and +.IP " 3." 4 +The apprentice must be working in the same category as the licensed and +registered mechanical contractor or mechanical journeyman on the job. +.LP +(Code 1999, § 5-525; Ord. +No. +493(89), 9-5-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ + -- "870(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES" -A "\c" \ + -- "CHAPTER 5-6 GAS CODE AND PIPELINES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards" -A "\c" \ + -- "Sec 5-601 Adoption Of Pipeline Standards" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice" -A "\c" \ + -- "Sec 5-602 Planning Commission Duties, Notice" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions" -A "\c" \ + -- "Sec 5-603 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction" -A "\c" \ + -- "Sec 5-604 Permit Required For Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension" -A "\c" \ + -- "Sec 5-605 Suspension" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards" -A "\c" \ + -- "Sec 5-601 Adoption Of Pipeline Standards" +\& +.IP " 1." 4 +All pipelines, connections and fixtures thereof, installed or used for +the purpose of the transportation of natural gas, shall be equivalent to +the specifications of the natural gas safety code, adopted and approved +by the United States Department of Commerce and now in force as to +thickness, weight, size, strength and general character of material +workmanship and manner of installation. +.IP " 2." 4 +All pipelines used in connection with the drilling of wells, other than +gas lines and the lines used for the transportation of petroleum or any +of its products, shall be new lapweld or seamless pipe and shall be +equivalent to the specifications therefor as now adopted by the American +Petroleum Institute for lapweld of Grade \[dq]A\[dq] seamless pipeline +and requires 100 percent x-ray of all welds. +All such lines shall be at all times operated and maintained in a safe +manner so as to prevent all leakage or escape of any of the contents of +such lines. +If any such lines shall become unsafe or shall not be maintained as +provided herein, or any of the contents thereof shall escape therefrom, +it shall be the duty of the person in charge or in control thereof to +immediately discontinue the use thereof, until such line shall be +repaired. +.IP " 3." 4 +Pressure in any such lines shall not exceed those permitted by the +rules, regulations or orders of the corporation commission of the state +now in force. +All such lines shall, on city streets and alleys, be buried to a minimum +depth of 30 inches below the normal surface of the ground, such depth to +be measured from the top of the pipe and to be approved by the city +engineer. +.IP " 4." 4 +In the event it shall become necessary to change or remove any of such +pipelines, such change or removal shall be made at the entire expense of +the owners thereof, upon the approval of the city engineer or an +inspector of the city. +Such removal or change shall be made within five days after notice is +served by the city. +.LP +(Prior Code, § 6-235; Code 1999, § 5-601) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice" -A "\c" \ + -- "Sec 5-602 Planning Commission Duties, Notice" +\& +.LP +The planning commission, from time to time on its own motion or on the +motion of any landowner or citizen of the city, may order the course of +any pipeline to be changed, altered or changed in size by giving the +licensee notice of a hearing before the planning commission at a regular +meeting of such commission, such notice to be served upon the licensee +advising such licensee that a hearing will be had at a time and placed +fixed in such notice to determine whether, for the safety of the +residents of the city, the course of such pipeline should be changed or +any other changes should be made. +Five days\[aq] notice of the time of the hearing shall be given. +The entire expense of the changing or alteration of the size or course +of such pipeline shall be borne by the owner thereof. +.PP +(Prior Code, § 6-236; Code 1999, § 5-602) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions" -A "\c" \ + -- "Sec 5-603 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Pipeline\f[R] means any subterranean pipeline through which shall +be transported petroleum or any of its products, crude oil, natural gas +or any other deleterious substances, but shall not include pipelines +located at a retail or wholesale service station engaged in selling +finished petroleum products. +.PP +(Prior Code, § 6-231; Code 1999, § 5-603) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction" -A "\c" \ + -- "Sec 5-604 Permit Required For Construction" +\& +.LP +It is unlawful and an offense for any person, either as principal or +agent, to operate any pipeline, make any excavation with the intent to +install, lay, maintain or enlarge any pipeline or to install any +pipeline to or from any oil or gas well or any of its equipment or to +add to, enlarge or extend any pipeline now in existence without +obtaining a permit from the city. +.PP +(Prior Code, § 6-232; Code 1999, § 5-604) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension" -A "\c" \ + -- "Sec 5-605 Suspension" +\& +.LP +The city manager is hereby granted the authority to suspend the permit +of any person to install or operate any pipeline where any of the +provisions of this chapter, or any amendments thereto, are violated, +which suspension shall be effective until such time as such person shall +comply with the provisions of this chapter. +Before suspending any such permit, the city manager shall cause written +notice to be served upon the licensee advising such licensee that a +hearing will be had at a time and place fixed in such notice to +determine whether the license held by such licensee shall be suspended. +Five days\[aq] notice of the time of the hearing shall be given. +It shall be unlawful and an offense for any person to operate any +pipeline during any period in which the permit covering the operation of +such pipeline is so suspended. +The provisions of this section shall in no way limit or interfere with +the enforcement of the penalties for the violation of ordinances +generally, but shall be cumulative and in addition to such penalties. +.PP +(Prior Code, § 6-234; Code 1999, § 5-605) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING" -A "\c" \ + -- "CHAPTER 5-7 FAIR HOUSING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy" -A "\c" \ + -- "Sec 5-701 Policy" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions" -A "\c" \ + -- "Sec 5-702 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice" -A "\c" \ + -- "Sec 5-703 Unlawful Practice" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing" -A "\c" \ + -- "Sec 5-704 Discrimination In The Sale Or Rental Of City\[aq]s Housing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing" -A "\c" \ + -- "Sec 5-705 Discrimination In The Financing Of Housing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services" -A "\c" \ + -- "Sec 5-706 Discrimination In The Provision Of Brokerage Services" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption" -A "\c" \ + -- "Sec 5-707 Exemption" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration" -A "\c" \ + -- "Sec 5-708 Administration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation" -A "\c" \ + -- "Sec 5-709 Education And Conciliation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement" -A "\c" \ + -- "Sec 5-710 Enforcement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence" -A "\c" \ + -- "Sec 5-711 Investigations; Subpoenas; Giving Of Evidence" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons" -A "\c" \ + -- "Sec 5-712 Enforcement By Private Persons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation" -A "\c" \ + -- "Sec 5-713 Interference, Coercion, Or Intimidation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases" -A "\c" \ + -- "Sec 5-714 Prevention Of Intimidation In Fair Housing Cases" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Fair housing, 25 O.S. +§ 1451 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy" -A "\c" \ + -- "Sec 5-701 Policy" +\& +.LP +It is the policy of the city to provide, within constitutional +limitations, for fair housing throughout the city. +.PP +(Code 1999, § 5-701; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions" -A "\c" \ + -- "Sec 5-702 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]City manager\f[R] means the city manager of the City of Moore or +any person, employee, agent, board, or single or plural authority whom +the city manager may designate to sit as his designee to perform the +duties and functions provided in this chapter. +.PP +\f[I]Discriminatory housing practice\f[R] means an act that is unlawful +under sections 5-704 through 5-706. +.PP +\f[I]Dwelling\f[R] means any building, structure or portion thereof +which is occupied as, or designed or intended for occupancy as, a +residence by one or more families, and any vacant land which is offered +for sale or lease for the construction or location thereon of any such +building, structure, or portion thereof. +.PP +\f[I]Family\f[R] includes a single individual. +.PP +\f[I]Person\f[R] means one or more individuals, corporations, +partnerships, associations, labor organizations, legal representatives, +mutual companies, joint stock companies, trusts, unincorporated +organizations, trustees, trustees in bankruptcy, receivers, and +fiduciaries. +.PP +\f[I]To rent\f[R] means to lease, to sublease, to let and otherwise to +grant for a consideration the right to occupy premises owned by the +occupant. +.PP +(Code 1999, § 5-702; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice" -A "\c" \ + -- "Sec 5-703 Unlawful Practice" +\& +.LP +Subject to the provisions of subsection (B) of this section and section +5-707, the prohibitions against discrimination in the sale or rental of +housing set forth in this chapter shall apply to: +.IP " 1." 4 +All dwellings except as exempted by subsection (B) of this section; +.IP " 2." 4 +Nothing in section 5-704 shall apply to: +.RS 4 +.IP " 1." 4 +Any single-family house sold or rented by an owner, provided that such +private individual does not own more than three such single-family +houses at any one time; provided further, that in the case of the sale +of any such single-family house by a private individual owner not +residing in such house at the time of such sale or who was not the most +recent resident of such house prior to such sale, the exemption granted +by this subsection shall apply only with respect to one such sale within +any 24-month period; provided further, that such bona fide private +individual owner does not own any interest in, nor is there owned or +reserved on his behalf, under any express or voluntary agreement, title +to or any right to all or a portion of the proceeds from the sale or +rental of, more than three such single-family houses at any one time; +provided further, that the sale or rental of any such single-family +house shall be exempted from the application of this chapter only if +such house is sold or rented: +.RS 4 +.IP " 1." 4 +Without the use in any manner of the sales or rental facilities or the +sales or rental services of any real estate broker, agent, or salesman, +or of such facilities or services of any person in the business of +selling or renting dwellings, or of any employee or agent of any such +facilities or services of any person in the business of selling or +renting dwellings, or of any employee or agent of any such broker, +agent, salesman, or person; and +.IP " 2." 4 +Without the publication, posting or mailing, after notice of any +advertisement or written notice in violation of section 5-704(c), but +nothing in this provision shall prohibit the use of attorneys, escrow +agents, abstractors, title companies, and other such professional +assistance as necessary to perfect or transfer the title; or +.RE +.IP " 2." 4 +Rooms or units in dwellings containing living quarters occupied or +intended to be occupied by no more than four families living +independently of each other, if the owner actually maintains and +occupies one of such living quarters as his residence; +.RE +.IP " 3." 4 +For the purposes of subsection (B) of this section, a person shall be +deemed to be in the business of selling or renting dwellings if: +.RS 4 +.IP " 1." 4 +He has, within the preceding 12 months, participated as principal in +three or more transactions involving the sale or rental of any dwelling +or any interest therein; +.IP " 2." 4 +He has, within the preceding 12 months, participated as an agent, other +than in the sale of his own personal residence, in providing sales or +rental facilities or sales or rental services in two or more +transactions involving the sale or rental of any dwelling or any +interest therein; or +.IP " 3." 4 +He is the owner of any dwelling designed or intended for occupancy by, +or occupied by, five or more families. +.RE +.LP +(Code 1999, § 5-703; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing" -A "\c" \ + -- "Sec 5-704 Discrimination In The Sale Or Rental Of City\[aq]s Housing" +\& +.LP +As made applicable by section 5-703 and except as exempted by sections +5-703(b) and 5-707, it shall be unlawful: +.IP " 1." 4 +To refuse to sell or rent after the making of a bona fide offer, or to +refuse to negotiate for the sale or rental of, or otherwise make +unavailable or deny, a dwelling to any person because of race, sex, +color, religion, national origin, handicap, or familial status; +.IP " 2." 4 +To discriminate against any person in the terms, conditions, or +privileges of sale or rental of a dwelling, or in the provision of +services or facilities in connection therewith, because of race, sex, +color, religion, national origin, handicap, or familial status; +.IP " 3." 4 +To make, print, or publish, or cause to be made, printed, or published, +any notice, statement or advertisement, with respect to the sale or +rental of a dwelling that indicates any preference, limitation, or +discrimination based on race, sex, color, religion, national origin, +handicap, or familial status or an intention to make any such +preference, limitation or discrimination; +.IP " 4." 4 +To represent to any person because of race, sex, color, religion, or +national origin that any dwelling is not available for inspection, sale, +or rental when such dwelling is in fact so available; or +.IP " 5." 4 +For profit, to induce or attempt to induce any person to sell or rent +any dwelling by representations regarding the entry or prospective entry +into the neighborhood of a person of a particular race, sex, color, +religion, national origin, handicap, or familial status. +.LP +(Code 1999, § 5-704; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing" -A "\c" \ + -- "Sec 5-705 Discrimination In The Financing Of Housing" +\& +.LP +It shall be unlawful for any bank, building and loan association, +insurance company or other corporation, association, firm or enterprise +whose business consists in whole or in part in the making of commercial +real estate loans, to deny a loan or other financial assistance to a +person applying therefor for the purpose of purchasing, constructing, +improving, repairing, or maintaining a dwelling, or to discriminate +against him in the fixing of the amount, interest rate, duration, or +other terms or conditions of such loan or other financial assistance, +because of the race, sex, color, religion, national origin, handicap, or +familial status of such person or of any person associated with him in +connection with such loan or other financial assistance for the purposes +of such loan or other financial assistance, or of the present or +prospective owners, lessees, tenants, or occupants of the dwellings in +relation to which such loan or other financial assistance is to be made +or given, provided that nothing contained in this section shall impair +the scope or effectiveness of the exception contained in section +5-703(b). +.PP +(Code 1999, § 5-705; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services" -A "\c" \ + -- "Sec 5-706 Discrimination In The Provision Of Brokerage Services" +\& +.LP +It shall be unlawful to deny any person access to or membership or +participation in any multiple-listing service, rental or facility +relating to the business of selling or renting dwellings, or to +discriminate against him in the terms or conditions of such access, +membership, or participation, on account of race, sex, color, religion, +national origin, handicap, or familial status. +.PP +(Code 1999, § 5-706; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption" -A "\c" \ + -- "Sec 5-707 Exemption" +\& +.LP +Nothing in this chapter shall prohibit a religious organization, +association, or society, or any nonprofit institution or organization +operated, supervised or controlled by or in conjunction with a religious +organization, association, or society, from limiting the sale, rental or +occupancy of dwellings which it owns or operates for other than a +commercial purpose to persons of the same religion, or from giving +preference to such persons, unless membership in such religion is +restricted on account of race, sex, color, national origin, handicap or +familial status; nor shall anything in this chapter prohibit a private +club not in fact open to the public, which as an incident to its primary +purpose or purposes provides lodgings which it owns or operates for +other than a commercial purpose, from limiting the rental or occupancy +of such lodgings to its members or from giving preference to its +members. +.PP +(Code 1999, § 5-707; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration" -A "\c" \ + -- "Sec 5-708 Administration" +\& +.IP " 1." 4 +The authority and responsibility for administering the city\[aq]s fair +housing code shall be in the city manager or his designee. +.IP " 2." 4 +The city manager may delegate any of these functions, duties, and powers +to employees of the city or to boards of such employees, including +functions, duties, and powers with respect to investigating, +conciliating, hearing, determining, ordering, certifying, reporting or +otherwise acting as to any work, business, or matter under this chapter. +The city manager shall by rule prescribe such rights of appeal from the +decisions of his hearing examiners to other hearing examiners or to +other officers in the city, to boards of officers or to himself, as +shall be appropriate and in accordance with law. +.IP " 3." 4 +All administrative departments, agencies, boards or commissions shall +administer their programs and activities relating to housing and urban +development in a manner affirmatively to further the purposes of this +chapter and shall cooperate with the city manager to further such +purposes. +.LP +(Code 1999, § 5-708; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation" -A "\c" \ + -- "Sec 5-709 Education And Conciliation" +\& +.LP +Immediately after the enactment of the city\[aq]s fair housing code, the +city manager shall commence such educational and conciliatory activities +as will further the purposes of this chapter. +He shall call conferences of persons in the housing industry and other +interested parties to acquaint them with the provisions of this chapter +and his suggested means of implementing it, and shall endeavor with +their advice to work out programs of voluntary compliance and of +enforcement. +.PP +(Code 1999, § 5-709; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement" -A "\c" \ + -- "Sec 5-710 Enforcement" +\& +.IP " 1." 4 +Any person who claims to have been injured by a discriminatory housing +practice or who believes that he will be irrevocably injured by a +discriminatory housing practice that is about to occur (hereafter +\[dq]person aggrieved\[dq]) may file a complaint with the city manager +and the city clerk. +Complaints shall be in writing and shall contain such information and be +in such form as the city manager requires. +Upon receipt of such a complaint, the city manager shall furnish a copy +of the same to the persons who allegedly committed or was about to +commit the alleged discriminatory housing practice. +Within 30 days after receiving a complaint, or within 30 days after the +expiration of any period of reference under subsection (C) of this +section, the city manager shall investigate the complaint and give +notice in writing to the person aggrieved whether he intends to resolve +it. +If the city manager decides to resolve the complaints, he shall proceed +to try to eliminate or correct the alleged discriminatory housing +practice by informal methods of conference, conciliation and persuasion. +Nothing said or done in the course of such informal endeavors may be +made public or used as evidence in a subsequent proceeding under this +chapter without the written consent of the persons concerned. +Any employee or agent of the city manager or city who shall make public +any information in violation of this provision shall be, upon +conviction, punished as provided in section 1-108. +.IP " 2." 4 +A complaint under subsection (A) of this section shall be filed within +180 days after the alleged discriminatory housing practice occurred. +Complaints shall be in writing and shall state the facts upon which the +allegations of a discriminatory housing practice are based. +Complaints may be reasonably and fairly amended at any time. +A respondent may file an answer to the complaint against him and with +the leave of the city manager, which shall be granted whenever it would +be reasonable and fair to do so, may amend his answer at any time. +Both complaints and answers shall be verified. +.IP " 3." 4 +If, within 30 days after a complaint is filed with the city manager and +city clerk, the city manager has been unable to obtain a voluntary +compliance with this chapter, the person aggrieved may, within 30 days +thereafter, file a complaint with the secretary of the department of +housing and urban development. +The city manager will assist in this filing. +.IP " 4." 4 +If the city manager has been unable to obtain voluntary compliance +within 30 days of the complaint, the person aggrieved may, within 30 +days thereafter, commence a civil action in any appropriate court, +against the respondent named in the complaint to enforce the rights +granted or protected by this chapter, insofar as such rights relate to +the subject of the complaint. +If the court finds that a discriminatory housing practice has occurred +or is about to occur, the court may enjoin the respondent from engaging +in such practice or order such affirmative action as may be appropriate. +.IP " 5." 4 +In any proceeding brought pursuant to this section, the burden of proof +shall be on the complainant. +.IP " 6." 4 +Whenever an action filed by an individual shall come to trial, the city +manager shall immediately terminate all efforts to obtain voluntary +compliance. +.LP +(Code 1999, § 5-710; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence" -A "\c" \ + -- "Sec 5-711 Investigations; Subpoenas; Giving Of Evidence" +\& +.IP " 1." 4 +In conducting an investigation the city manager shall have access at all +reasonable times to premises, records, documents, individuals, and other +evidence or possible sources of evidence and may examine, record, and +copy such materials and take and record the testimony or statements of +such persons as are reasonably necessary for the furtherance of the +investigation; provided, however, that the city manager first complies +with the provisions of the Fourth Amendment of the United States +Constitution relating to unreasonable searches and seizures. +The city manager may issue subpoenas to compel his access to or the +production of such materials, or the appearance of such persons, and may +issue interrogatories to a respondent, to the same extent and subject to +the same limitations as would apply if the subpoenas or interrogatories +were issued or served in aid of a civil action in the United States +District Court for the district in which the investigation is taking +place. +The city manager may administer oaths. +.IP " 2." 4 +Upon written application to the city manager, a respondent shall be +entitled to the issuance of a reasonable number of subpoenas by and in +the name of the city manager to the same extent and subject to the same +limitations as subpoenas issued by the city manager himself. +Subpoenas issued at the request of a respondent shall show on their face +the name and address of such respondent and shall state that they were +issued at his request. +.IP " 3." 4 +Witnesses summoned by subpoena of the city manager shall be entitled to +the same witness and mileage fees as are witnesses in proceedings in +United States District Courts. +Fees payable to a witness summoned by a subpoena issued at the request +of a respondent shall be paid by him. +.IP " 4." 4 +Within five days after services of a subpoena upon any person, such +person may petition the city manager to revoke or modify the subpoena. +The city manager shall grant the petition if he finds that the subpoena +requires appearance or attendance at an unreasonable time or place, that +it requires production of evidence which does not relate to any matter +under investigation, that it does not describe with sufficient +particularity the evidence to be produced, that compliance would be +unduly onerous, or for other good reason. +.IP " 5." 4 +In case of contumacy or refusal to obey a subpoena, the city manager or +other person at whose request it was issued may petition for its +enforcement in the municipal or county district court for the district +in which the person to whom the subpoena was addressed resides, was +served, or transacts business. +.IP " 6." 4 +Any person who willfully fails or neglects to attend and testify or to +answer any lawful inquiry or to produce records, documents, or other +evidence, if in his power to do so, in obedience to the subpoena or +lawful order of the city manager shall be punished as provided in +section 1-108. +Any person who, with intent thereby to mislead the city manager, shall +make or cause to be made any false entry or statement of fact in any +report, account, record, or other document submitted to the city manager +pursuant to his subpoena or other order, or shall willfully neglect or +fail to make or cause to be made full, true and correct entries in such +reports, accounts, records, or other documents, or shall willfully +mutilate, alter, or by any other means falsify any documentary evidence, +shall be punished as provided in section 1-108. +.IP " 7." 4 +The city attorney shall conduct all litigation in which the city manager +participates as a party or as amicus pursuant to this chapter. +.LP +(Code 1999, § 5-711; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons" -A "\c" \ + -- "Sec 5-712 Enforcement By Private Persons" +\& +.IP " 1." 4 +The rights granted by sections 5-703 through 5-706 may be enforced by +civil actions in state courts of competent jurisdiction. +A civil action shall be commenced within 180 days after the alleged +discriminatory housing practice occurred; provided, however, that the +court shall continue such civil case brought pursuant to this section or +section 5-710(d) from time to time before bringing it to trial if the +court believes that the conciliation efforts of the city manager are +likely to result in satisfactory settlement of the discriminatory +housing practice complained of in the complaint made to the city manager +and which practice forms the basis for the action in court; and provided +further, that any sale, encumbrance, or rental consummated prior to the +issuance of any court order issued under the authority of this chapter, +and involving a bona fide purchaser, encumbrancer, or tenant without +actual notice of the existence of the filing of a complaint or civil +action under the provisions of this chapter shall not be affected. +.IP " 2." 4 +The court may consider and grant as relief, as it deems appropriate, any +permanent or temporary injunction, temporary restraining order, or other +order, and may award to the plaintiff actual damages and punitive +damages as allowed under the laws of the state or under applicable +federal law, together with court costs and reasonable attorney\[aq]s +fees in the case of a prevailing plaintiff, provided that the plaintiff, +in the opinion of the court, is not financially able to assume the +attorney\[aq]s fees. +.LP +(Code 1999, § 5-712; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation" -A "\c" \ + -- "Sec 5-713 Interference, Coercion, Or Intimidation" +\& +.LP +It shall be unlawful to coerce, intimidate, threaten, or interfere with +any person in the exercise or enjoyment of, or on account of his having +exercised or enjoyed, or on account of his having aided or encouraged +any other person in the exercise or enjoyment of, any right granted or +protected by section 5-703, 5-704, 5-705, or 5-706. +This section may be enforced by appropriate civil action. +.PP +(Code 1999, § 5-713; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases" -A "\c" \ + -- "Sec 5-714 Prevention Of Intimidation In Fair Housing Cases" +\& +.LP +Whoever, whether or not acting under color of law, by force or threat of +force willfully injures, intimidates or interferes with, or attempts to +injure, intimidate or interfere with: +.IP " 1." 4 +Any person because of his race, color, religion, national origin, +handicap or familial status and because he is or has been selling, +purchasing, renting, financing, occupying, or contracting or negotiating +for the sale, purchase, rental, financing or occupation of any dwelling, +or applying for or participating in any service, organization, or +facility relating to the business of selling or renting dwellings; +.IP " 2." 4 +Any person because he is or has been, or in order to intimidate such +person or any other person or any class of persons from: +.RS 4 +.IP " 1." 4 +Participating without discrimination on account of race, sex, color, +religion, national origin, handicap, or familial status, in any of the +activities, services, organizations or facilities described in +subsection (A) of this section; +.IP " 2." 4 +Affording another person or class of persons opportunity or protection +so to participate; or +.RE +.IP " 3." 4 +Any citizen because he is or has been, or in order to discourage such +citizen or any other citizen from lawfully aiding or encouraging other +persons to participate, without discrimination on account of race, sex, +color, religion, national origin, handicap, or familial status, in any +of the activities, services, organizations or facilities described in +subsection (A) of this section, or participating lawfully in speech or +peaceful assembly opposing any denial of the opportunity to so +participate; +.LP +shall be punished as provided in section 1-108. +.PP +(Code 1999, § 5-714; Ord. +No. +69(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES" -A "\c" \ + -- "CHAPTER 5-8 OUTDOOR LIGHT FIXTURES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited" -A "\c" \ + -- "Sec 5-801 Light Trespass Prohibited" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited" -A "\c" \ + -- "Sec 5-801 Light Trespass Prohibited" +\& +.IP " 1." 4 +Requirements for luminaire heights, shielding, placement and aiming to +minimize light trespass and direct glare emitted by a lighting system +for any lot that is adjacent to a residentially zoned property or +residential land use shall be as follows: +.RS 4 +.IP " 1." 4 +Spill light on adjacent residential or unlighted properties shall be +minimized by complying with the following: +.RS 4 +.IP " 1." 4 +The lighting system shall be designed to minimize the impact on spill +light to adjacent properties. +.IP " 2." 4 +Wall-mounted luminaries shall not be mounted higher above the ground +than their distance to the property line unless they are +mounted/shielded so as to direct the light away from the adjacent +property (i.e., on a wall on the property line but directed inward). +Maximum mounting height for wall-mounted luminaries shall be 15 feet, or +as approved by the community development director. +.RE +.IP " 2." 4 +Direct glare shall be minimized by compliance with the following +requirements: +.RS 4 +.IP " 1." 4 +The lighting system shall be designed to minimize the impact on glare to +adjacent properties. +.IP " 2." 4 +The direct glare from the luminaire shall not be visible from six feet +above grade at the property line. +Exception: field sports lighting. +.IP " 3." 4 +Where the adjacent property is residential and the luminaire is a +decorative style, the lot line side of the luminaire is to be +blocked/shielded out to eliminate spill and glare. +.RE +.RE +.IP " 2." 4 +Violations and enforcement. +It shall be unlawful to install or operate an outdoor light fixture in +violation of this Code. +Final determination as to compliance with this section shall be based on +point-by-point analysis by the community development director or +designee. +Any person violating any provision of this Code shall be subject to a +fine and court costs as provided by law. +Each and every day, which the illegal erection, maintenance, and use +continues, is a separate offense. +.IP " 3." 4 +Exemptions: nonconforming fixtures. +All outdoor light fixtures, existing and fully installed, or for which a +building permit has been issued prior to the effective date of this +Code, may remain nonconforming; provided, however, that no change in +use, replacement, structural alteration, or restoration of outdoor light +fixtures shall be made unless it thereafter conforms to the provisions +of this Code. +.LP +(Code 1999, § 5-801; Ord. +No. +520(05), 10-3-2005) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE" -A "\c" \ + -- "CHAPTER 5-9 FUEL GAS CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted" -A "\c" \ + -- "Sec 5-901 International Fuel Gas Code 2015 Adopted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-902 Additions, Insertions And Changes" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted" -A "\c" \ + -- "Sec 5-901 International Fuel Gas Code 2015 Adopted" +\& +.LP +Pursuant to section 2-15 of the Charter, the council may by ordinance +adopt, by reference, codes which shall be considered to have the same +effect as if set out in full in the City Code. +Pursuant to this authority, the council hereby ordains that a certain +document, at least one copy of which is on file in the office of the +city clerk, being marked and designated as the \[dq]2015 International +Fuel Gas Code,\[dq] as adopted by the state uniform building code +commission pursuant to 59 O.S. +§ 1000.23, is hereby adopted as the fuel gas code of the city; for +addressing the design and installation of fuel gas systems and gas-fired +appliances as herein provided. +Each and all of the regulations, provisions, penalties, conditions and +terms of the International Fuel Gas Code as hereby referred to, adopted +and made a part hereof, as if fully set out in this Code, with the +additions, insertions, and changes, if any, as prescribed and set out +herein. +.PP +(Code 1999, § 5-901; Ord. +No. +541(06), 10-16-2006; Ord. +No. +638(08), 12-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf" -A "\c" \ + -- "859(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes" -A "\c" \ + -- "Sec 5-902 Additions, Insertions And Changes" +\& +.LP +The following sections of the \[dq]International Fuel Gas Code 2015\[dq] +are hereby revised, deleted, or amended as set out below. +Items in [ ] are phrases that shall be deemed inserted into the +appropriate section of the International Code: +.IP " 1." 4 +Section 108.4 Insert: [Violation] +.br +[200.00]. +.br +Delete: or by imprisonment not exceeding [number of days], or both such +fine and imprisonment. +.IP " 2." 4 +Section 101.1 Title: These regulations shall be known as the Fuel Gas +Code of the City of Moore, Oklahoma, hereinafter referred to as +\[dq]this code.\[dq] +.LP +(Code 1999, § 5-902; Ord. +No. +541(06), 10-16-2006; Ord. +No. +638(08), 12-15-2008) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf" -A "\c" \ + -- "859(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS" -A "\c" \ + -- "CHAPTER 5-10 ROOFING CONTRACTORS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions" -A "\c" \ + -- "Sec 5-1001 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine" -A "\c" \ + -- "Sec 5-1002 Registration; Fine" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers" -A "\c" \ + -- "Sec 5-1003 Powers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration" -A "\c" \ + -- "Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ + -- "Sec 5-1005 Criminal History Records Search Or Background Check" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations" -A "\c" \ + -- "Sec 5-1006 Roofing Contractor Registration Certificate, Business Limitations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee" -A "\c" \ + -- "Sec 5-1007 Registration Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration" -A "\c" \ + -- "Sec 5-1008 Applicability Of Roofing Contractor Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration" -A "\c" \ + -- "Sec 5-1009 Issuance Or Denial Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification" -A "\c" \ + -- "Sec 5-1010 Change In Roofing Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business, Notification" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal" -A "\c" \ + -- "Sec 5-1011 Certificate Of Renewal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process" -A "\c" \ + -- "Sec 5-1012 Contractor\[aq]s Agent For Service Of Process" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number" -A "\c" \ + -- "Sec 5-1013 Application For Building Permits; Disclosure Of Registration Certificate Number" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Roofing Contractor Registration Act, +59 O.S. +§ 1151.1 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions" -A "\c" \ + -- "Sec 5-1001 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Nonresident contractor\f[R] means any contractor who has not +established and maintained a place of business as a roofing contractor +in the state within the preceding year, or who claims residency in +another state, or who has not submitted an income tax return as a +resident of the state within the preceding year. +.PP +\f[I]Person\f[R] means any individual, firm, partnership, association, +corporation, limited liability company, or other group or combination +thereof acting as a unit, unless the intent to give a more limited +meaning is disclosed clearly by this chapter. +.PP +\f[I]Public contract\f[R] means a contract with the state, its political +subdivisions, or any board, commission, or department thereof, or with +any board of county commissioners, or with any city council, school +board, or with any state or municipal agency, or with any other public +board, body, commission, or agency authorized to award contracts for the +construction or reconstruction of public work and includes subcontracts +undertaken to perform works covered by the original contract or any part +thereof. +.PP +\f[I]Registrar\f[R] means the city or any person designated by the city +to administer the provisions of this chapter. +.PP +\f[I]Roofing contractor\f[R] means any person, including a subcontractor +and nonresident contractor, engaged in the business of commercial or +residential roofing contractor work, or who himself, or through another, +attempts to or advertises, holds himself out as having, or purports to +have, the capacity to undertake roofing contractor work, or offers to +engage in or solicits roofing installation-related services, including +construction, installation, renovation, remodeling, reroofing, repair, +maintenance, alteration, and waterproofing, unless specifically exempted +in the Roofing Contractor Registration Act. +The term \[dq]roofing contractor\[dq] shall not mean: +.IP " 1." 4 +A person engaged in the demolition of a structure or the cleanup of +construction waste and debris that contains roofing material; +.IP " 2." 4 +A person working under the direct supervision of the roofing contractor +who is hired either as an employee, day laborer, or contract laborer +whose payment, received in any form, from the roofing contractor is +subject to self-employment tax; +.IP " 3." 4 +A person working on his own property or that of an immediate relative +and such person is not receiving any compensation; or +.IP " 4." 4 +A person acting as a handyman who is receiving compensation from the +property owner and who is performing the roofing repair in conjunction +with other repairs to the property and who does not perform more than +two roofing jobs per year. +.LP +\f[I]Roofing contractor work\f[R] means the installation, fabrication or +assembly of equipment or systems included in roofing systems as defined +in the International Building Code and the International Residential +Code, as adopted by the state uniform building code commission, and +which codes are hereby adopted and incorporated by reference. +Roofing construction work includes, but is not limited to, installation, +renovation, remodeling, reroofing, reconstructing, repair, maintenance, +improvement, alteration, and waterproofing, unless specifically exempted +in the Roofing Contractor Registration Act (59 O.S. +§ 1151.1 et seq.). +.PP +(Code 1999, § 5-1001; Ord. +No. +689(10), 12-6-2010) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. +§ 1151.2. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine" -A "\c" \ + -- "Sec 5-1002 Registration; Fine" +\& +.IP " 1." 4 +A person may not engage in the business nor act in the capacity of a +roofing contractor within the city nor may that person bring or maintain +any claim, action, suit, or proceeding in any court of the state related +to the person\[aq]s business or capacity as a roofing contractor without +a valid registration as provided in this chapter. +.IP " 2." 4 +A person who fails to obtain a valid registration prior to acting as a +roofing contractor as defined in this chapter, a person who acts as a +roofing contractor while his registration is suspended or revoked, or a +person who violates any provision of this chapter shall be guilty of a +violation, upon conviction, punishable by a fine not to exceed $500.00. +.LP +(Code 1999, § 5-1002; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers" -A "\c" \ + -- "Sec 5-1003 Powers" +\& +.LP +The city is authorized to employ personnel and procure such supplies and +equipment as may be necessary to carry out and implement the provisions +of this chapter, subject to budgetary limitations and funding. +The city may promulgate forms to implement the provisions of this +chapter. +The city may administer any provision of this chapter through use of the +Internet or other technology as deemed necessary or appropriate. +.PP +(Code 1999, § 5-1003; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration" -A "\c" \ + -- "Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of Registration" +\& +.IP " 1." 4 +To obtain a roofing contractor registration under this chapter, an +applicant who is 18 years of age or older shall submit, on forms the +city prescribes, an application attaching a valid approved state +registration. +A copy of the roofing contractor\[aq]s certificate of liability +insurance shall be filed with the application and shall be not less than +$500,000.00. +Any insurance company issuing a liability policy to a roofing contractor +pursuant to the provisions of this chapter shall be required to notify +the city in the event such liability policy is cancelled for any reason +or lapses for nonpayment of premiums. +In addition, the roofing contractor shall submit proof that the +contractor has secured workers\[aq] compensation coverage satisfactory +under the Administrative Workers\[aq] Compensation Act (85A O.S. +§ 1 et seq.), or an affidavit of exemption or self-insurance as +authorized pursuant to the Workers\[aq] Compensation Act. +If the city deems it appropriate or necessary, the city may also require +other information to be included on the application form to assist the +city in registering the person as a contractor. +The application shall contain statements that the applicant desires the +issuance of a roofing contractor registration certificate; that the +applicant will comply with the provisions of this chapter; that the +applicant will comply with state laws and local ordinances relating to +standards and permits; that the applicant has or has not been registered +or licensed as a roofing contractor in another state and whether any +disciplinary action was taken against such registration or license or +whether it is still in good standing; and that the nonresident applicant +appoints the secretary of state as legal service agent for all lawful +process to be served upon the applicant for work performed in the state +or as otherwise provided in this chapter. +.IP " 2." 4 +The city shall refuse to register any person if the city determines: +.RS 4 +.IP " 1." 4 +The application contains false, misleading, or incomplete information; +.IP " 2." 4 +The applicant fails or refuses to provide any information requested by +the city; +.IP " 3." 4 +The applicant fails or refuses to pay the required fees; +.IP " 4." 4 +The applicant is ineligible for registration due to a suspended or +revoked registration in the state; +.IP " 5." 4 +The nonresident applicant has a revoked or suspended registration or +license required by law for roofing contractors in another state; or +.IP " 6." 4 +The applicant has failed or refuses to submit any taxes due in the +state. +.RE +.IP " 3." 4 +The city shall notify the applicant in writing if the city denies a +registration or renewal certificate, and shall provide the applicant an +opportunity to respond to or cure any defect in the written application +or renewal for a period of ten days from the date of the written +notification. +An applicant aggrieved by a decision of the city denying a registration +or renewal may appeal the decision to the city manager as provided in +the Administrative Procedures Act (75 O.S. +§ 250 et seq.), or the applicant may reapply after a 90-day waiting +period, if otherwise eligible in the provisions of this chapter. +The application and renewal fees shall not be refundable. +.IP " 4." 4 +The city shall classify as not in good standing the registration of any +roofing contractor who fails to: +.RS 4 +.IP " 1." 4 +Maintain liability insurance coverage; +.IP " 2." 4 +Maintain workers\[aq] compensation coverage satisfactory under the +Workers\[aq] Compensation Act, or provide an affidavit of exemption or +self-insurance as authorized pursuant to the Administrative Workers\[aq] +Compensation Act (85A O.S. +§ 1 et seq.); +.IP " 3." 4 +File, renew, or properly amend any fictitious name certificate; +.IP " 4." 4 +Maintain an active status of a corporation or registration as a foreign +corporation, a limited liability company or registration as a foreign +limited liability company, a limited liability partnership registration +or foreign limited liability partnership registration, or a limited +partnership certificate or limited partnership or foreign limited +partnership certificate of authority, with the office of the secretary +of state; +.IP " 5." 4 +File or renew a trade name registration; +.IP " 6." 4 +Maintain or renew a roofing contractor registration as provided in this +chapter; +.IP " 7." 4 +Notify the city of a change in name, address, legal business entity, +legal service agent, or adjudication by a court of competent +jurisdiction for any act or omission specified in 59 O.S. +§ 1151.14(A) or a violation of this chapter; +.IP " 8." 4 +Maintain a registration as required by law in another state while +registered in this state as a nonresident roofing contractor; or +.IP " 9." 4 +File and pay all taxes when due in the state. +.RE +.IP " 5." 4 +The city shall send a written notice to the person when his registration +is not in good standing. +Any roofing contractor who has been notified by the city that his +registration is not in good standing shall cease soliciting or entering +new roofing services and projects as of the date of such notification; +however, the roofing contractor shall be allowed to complete roofing +projects where actual physical work has begun prior to the date of +issuance of the notice that his registration is not in good standing. +If the roofing contractor fails to correct the deficiency specified in +the notice by evidence satisfactory to the registrar within 30 days of +the date of the notice, or if the roofing contractor solicits or enters +into new roofing services contracts or projects while the roofing +contractor\[aq]s registration is not in good standing, or while such +registration is suspended or revoked, the roofing contractor shall be in +violation of the provisions of this chapter. +Any registration that remains not in good standing for a 60-day period +shall be suspended on the 60th day from the date of issuance of the +notice to the roofing contractor that his registration is not in good +standing. +Any registration that remains not in good standing, and is suspended for +such cause, shall be revoked on the 90th day from the date of issuance +of the notice to the roofing contractor that his registration is not in +good standing. +The city shall notify the roofing contractor upon suspension or +revocation of his registration for failure to comply in bringing such +registration into good standing as required by law. +The roofing contractor may reinstate his registration to good standing +by paying the required fees provided in section 5-1007 and complying +with all other requirements for issuance of a registration in good +standing. +Any person aggrieved by the decision of the city to suspend or revoke a +registration pursuant to this section may appeal such decision to the +city manager\[aq]s office. +.LP +(Code 1999, § 5-1004; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ + -- "Sec 5-1005 Criminal History Records Search Or Background Check" +\& +.IP " 1." 4 +When deemed appropriate, the city may conduct a criminal history records +search or background check on any applicant or registered roofing +contractor and may investigate the information submitted on a roofing +contractor application or renewal form, provided no adverse action may +be taken against the person until the person has been notified and given +an opportunity to respond in writing. +.IP " 2." 4 +The city, its agents, employees and assigns shall not be liable and are +granted immunity for the acts or omissions of any registered roofing +contractor or its employees, or for any person\[aq]s failure or omission +to properly disclose any information on an application or renewal form, +including, but not limited to, pending criminal charges, arrests or +prior criminal history records, disclosure of his roofing contractor +registration status, or his qualifications to perform or act as a +roofing contractor. +.LP +(Code 1999, § 5-1005; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations" -A "\c" \ + -- "Sec 5-1006 Roofing Contractor Registration Certificate, Business Limitations" +\& +.LP +The holder of a roofing contractor registration certificate is entitled +to engage in the roofing business within the city pursuant to the +provisions of this chapter, and subject to the following limitations: +.IP " 1." 4 +A roofing contractor\[aq]s registration certificate number shall be +valid and in good standing at the time of soliciting a project and +during subsequent job performance; +.IP " 2." 4 +A roofing contractor\[aq]s registration certificate number shall be +submitted when applying for any permit issued by the state, or any of +its political subdivisions, for commercial or residential roofing +services or projects, if a permit is required by such authority, and +shall be written upon each permit issued; +.IP " 3." 4 +A roofing contractor\[aq]s registration certificate cannot be shared or +used by any other individual or business entity; provided, however, a +business, firm, partnership, association, corporation, limited liability +company, or other group or combination thereof acting as a unit may be +granted a single roofing registration certificate number for use by +designated roofing contractors acting as agents for the business entity +when the application for registration contained sufficient information +on each member, partner, officer and agent and the state issued a single +certificate number to such persons as a business unit; +.IP " 4." 4 +Upon any change to the name, address, business entity, or legal service +agent of a roofing contractor or upon adjudication by a court of +competent jurisdiction for a violation of this chapter or an act or +omission specified in 59 O.S. +§ 1151.14(A), the city shall be notified in writing; +.IP " 5." 4 +A roofing contractor shall comply with state laws and local ordinances +relating to standards and permits for roofing services and projects; and +.IP " 6." 4 +A roofing contractor must pay taxes due in the state. +.LP +(Code 1999, § 5-1006; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee" -A "\c" \ + -- "Sec 5-1007 Registration Fee" +\& +.IP " 1." 4 +At the time of making application for a roofing contractor registration +certificate pursuant to this chapter, the applicant shall pay to the +city a fee to be set by resolution for the annual registration +certificate. +.IP " 2." 4 +All monies collected by the city for roofing contractor registration +applications, renewals and other fee assessments shall be deposited by +the city into the general fund. +.IP " 3." 4 +The fee to be submitted with an application for a roofing contractor +registration may be prorated as set by the city. +Unless prorated at the time of initial registration, fees shall be paid +in the amount stated in subsection (A) of this section and such +registration certificates shall expire June 30 each year. +.IP " 4." 4 +A renewal fee for a roofing contractor registration shall be set by +resolution for the annual renewal registration certificate. +.LP +(Code 1999, § 5-1007; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration" -A "\c" \ + -- "Sec 5-1008 Applicability Of Roofing Contractor Registration" +\& +.IP " 1." 4 +The Roofing Contractor Registration Act does not apply to: +.RS 4 +.IP " 1." 4 +An actual owner of residential or farm property who physically performs, +or has employees who perform, roofing services including construction, +installation, renovation, repair, maintenance, alteration, +waterproofing, or removal of materials or structures on his own dwelling +or another structure located on the residential or farm property owned +by such person without the assistance of any registered roofing +contractor as such term is defined by this chapter; +.IP " 2." 4 +Any authorized employee, representative or representatives of the United +States Government, the state, or any county, municipality, or other +political subdivision of the state; and +.IP " 3." 4 +Any person who furnishes any fabricated or finished product, material, +or article of merchandise which is not incorporated into or attached to +real property by such person so as to become affixed thereto. +.RE +.IP " 2." 4 +Any administrative or governing body with authority to enter into public +contracts shall require individual roofing contractor registration for +purposes of such persons submitting or entering into any bid or +contract. +.LP +(Code 1999, § 5-1008; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration" -A "\c" \ + -- "Sec 5-1009 Issuance Or Denial Of Registration" +\& +.LP +Within 25 calendar days from the date of application, the city shall +either issue or deny the roofing contractor registration. +No registration shall be issued to an applicant until the city receives +all documentation and fees necessary to obtain a registration +certificate in good standing. +The registration certificate issued on an original application entitles +the person to act as a roofing contractor within the city subject to the +limitations of this chapter, until the expiration of the then current +fiscal year ending June 30, except that an initial registration issued +in May or June is valid until June 30 of the subsequent year. +On the effective date of the ordinance from which this chapter is +derived, a prorated registration certificate issued between January 1, +2011, and April 30, 2011, shall be valid until June 30, 2011. +.PP +(Code 1999, § 5-1009; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification" -A "\c" \ + -- "Sec 5-1010 Change In Roofing Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business, Notification" +\& +.LP +No later than ten days after the date of a change in a roofing +contractor\[aq]s name, address, or legal service agent, or upon a +registered roofing contractor ceasing business as a roofing contractor, +the person shall notify the city of the change on a form provided by the +city. +A name, address, or legal service agent change shall be accompanied by a +fee to be set by resolution. +A person may not change his name under an active registration +certificate if the change is associated with a change in the legal +status of the business entity other than a change in marital status. +Doing business under a new business name or change in legal status of a +business requires issuance of a new registration certificate. +When a registered roofing contractor ceases to be active as a roofing +contractor, the city shall suspend the registration certificate of such +contractor. +.PP +(Code 1999, § 5-1010; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal" -A "\c" \ + -- "Sec 5-1011 Certificate Of Renewal" +\& +.IP " 1." 4 +Any roofing contractor registration certificate issued under this +chapter may be renewed for each successive fiscal year by obtaining from +the city a certificate of renewal. +To obtain a certificate of renewal, the person shall file with the city +a renewal application by June 30 and pay the renewal fee. +The application for renewal shall require statements under oath that the +applicant has properly submitted income and employment taxes due in the +state; whether or not the applicant has been convicted of any felony +offense, and the nature of such offense, since issuance of the prior +registration; and whether or not the applicant has been adjudicated by a +court of competent jurisdiction for any violation of this chapter or any +act or omission specified in 59 O.S. +§ 1151.14(A). +The city may forward a copy of any information in an application for +renewal to the state tax commission and any other state agency. +The applicant shall include with the renewal application a copy of +certificate of liability insurance, unless the registrar has a current +valid certificate of liability insurance on file, proof of workers\[aq] +compensation coverage, unless exempt under the Administrative +Workers\[aq] Compensation Act (85A O.S. +§ 1 et seq.), and, if applicable, a copy of the current registration +certificate required by law for roofing contractors. +The renewal application need not be notarized. +.IP " 2." 4 +The city shall refuse to renew a roofing contractor\[aq]s registration +certificate for any reason stated in 59 O.S. +§ 1151.5(B) or section 5-1004 of this chapter. +The city shall notify the applicant in writing if the city denies the +renewal. +.IP " 3." 4 +If any roofing contractor fails to file a renewal application by the +June 30 deadline that contractor\[aq]s registration shall be not in good +standing. +A roofing contractor has a 30-day grace period after June 30 to renew +the registration certificate without a late fee. +The late fee shall be set by the city and such fee shall not exceed +$25.00. +A roofing contractor registration certificate not renewed by August 30 +shall be suspended for failure to renew, and on January 1, if a roofing +contractor\[aq]s registration certificate still has not been renewed, it +shall be revoked for failure to renew. +.IP " 4." 4 +.IP " 1." 4 +A roofing contractor desiring to renew a registration certificate that +has been suspended for any cause provided in this chapter shall be +assessed a fee equal to twice the amount of the fee established as a +renewal amount. +.IP " 2." 4 +The city shall assess a reinstatement fee to be set by resolution plus +the fee established by section 5-1007 for any registration that has been +revoked for any cause provided in this chapter. +.IP " 3." 4 +A roofing contractor submitting an application for registration after +suspension or revocation of that contractor\[aq]s registration +certificate must be otherwise eligible for registration under this +chapter. +.IP " 5." 4 +The city shall include a registration status notation in a roofing +contractor\[aq]s record if the status of registration changes from an +active and valid registration to not in good standing, denied, suspended +or revoked. +.LP +(Code 1999, § 5-1011; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process" -A "\c" \ + -- "Sec 5-1012 Contractor\[aq]s Agent For Service Of Process" +\& +.LP +Every applicant for a roofing contractor\[aq]s registration who is a +nonresident contractor as defined by this chapter, by signing and filing +the application, appoints the secretary of state as the applicant\[aq]s +true and lawful agent upon whom may be served all lawful process in any +action or proceeding against such nonresident contractor for +construction projects performed in the state. +Such appointment in writing is evidence of the roofing contractor\[aq]s +consent that any such process against the contractor which is served +upon the secretary of state shall be of the same legal force and effect +as if served upon the contractor personally within the state. +Registered foreign corporations, registered foreign limited liability +companies, foreign limited liability partnerships and foreign limited +partnerships entitled to do business in the state having a current +registered agent and registered address on file in the office of the +secretary of state need not appoint the secretary of state as agent for +service of process under this section. +Within ten days after service of the summons upon the secretary of +state, notice of such service with the summons and complaint in the +action shall be sent to the defendant roofing contractor at the +defendant contractor\[aq]s last-known address by registered or certified +mail with return receipt requested and proof of such mailing shall be +attached to the summons. +The secretary of state shall keep a record of all process served upon +the secretary of state under this section, showing the day and hour of +service. +Whenever service of process was made under this section, the court, +before entering a default judgment, or at any stage of the proceeding, +may order such continuance as may be necessary to afford the defendant +contractor reasonable opportunity to defend any action pending against +the defendant contractor. +.PP +(Code 1999, § 5-1012; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number" -A "\c" \ + -- "Sec 5-1013 Application For Building Permits; Disclosure Of Registration Certificate Number" +\& +.IP " 1." 4 +When applying for any permit required by the state or any of its +political subdivisions for roofing services or jobs, a roofing +contractor shall supply the permit-issuing official that roofing +contractor\[aq]s registration certificate number issued pursuant to this +chapter. +That official shall enter a roofing contractor\[aq]s registration number +on the permit. +.IP " 2." 4 +A person performing as a roofing contractor on his own property, +although exempt from the registration requirements of this chapter, +shall, when applying for a permit required for the project, supply the +permit-issuing official any roofing contractor registration number, as +soon as available, of each roofing subcontractor engaged in roofing +services and doing work covered by the permit, if any. +That official shall enter each roofing contractor registration number so +supplied before inspection of the job. +.IP " 3." 4 +A roofing contractor shall display his state roofing contractor +registration number issued pursuant to this chapter on each commercial +vehicle used for roofing services and upon every business sign, card, +correspondence, and contract used to solicit and conduct roofing +services in the state. +.LP +(Code 1999, § 5-1013; Ord. +No. +689(10), 12-6-2010) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS" -A "\c" \ + -- "CHAPTER 5-11 STORM SHELTERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions" -A "\c" \ + -- "Sec 5-1101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required" -A "\c" \ + -- "Sec 5-1102 Permits Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications" -A "\c" \ + -- "Sec 5-1103 Standards And Specifications" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions" -A "\c" \ + -- "Sec 5-1101 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Storm shelter\f[R] means any under-ground structure designed to +current FEMA standards to protect its occupants from the effects of wind +and debris resulting from a tornado or severe weather event. +.PP +(Code 1999, § 5-1101; Ord. +No. +707(11), 10-17-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required" -A "\c" \ + -- "Sec 5-1102 Permits Required" +\& +.IP " 1." 4 +No storm shelter shall be constructed within the city unless a building +permit has been issued by the building inspection department. +.IP " 2." 4 +All storm shelter construction shall comply with the standards contained +in FEMA Publication 320, FEMA Publication 361 or ICC 500, or the +applicable succeeding publication. +.LP +(Code 1999, § 5-1102; Ord. +No. +707(11), 10-17-2011) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334626_Ordinance%20No.%20864(17).pdf" -A "\c" \ + -- "864(17)" +\& on 8/7/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications" -A "\c" \ + -- "Sec 5-1103 Standards And Specifications" +\& +.IP " 1." 4 +No preshaped shelter, such as metal, plastic, wood, plexiglass, etc., +shall be approved unless the design is sufficient to prevent flotation +when the shelter is empty. +Flotation force is considered to be 100 percent. +Weight of earthen fill will not be considered in reducing this flotation +factor. +.IP " 2." 4 +All shelters constructed in front yards or, in the case of a corner lot, +in side yards that abut a street or public access and are not fenced, +shall not have any projection to include backfill, cover, hatches, +stairs, or vent pipes exceeding 18 inches above grade in height, with +measuring the point to be 12 inches from any side or radius of the +constructed shelter. +.IP " 3." 4 +All underground storm shelters constructed in front, side or rear yards +that are not enclosed by a fence shall be provided with a locking +device. +.IP " 4." 4 +No underground storm shelter shall be used for any type of occupancy +other than as a storm shelter. +.IP " 5." 4 +All concrete used in shelter construction shall have a compressive +strength of not less than 3,500 pounds per square inch. +.IP " 6." 4 +All shelters shall be adequately waterproofed to prevent seepage. +.LP +(Code 1999, § 5-1103; Ord. +No. +707(11), 10-17-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_6_COURT" -A "\c" \ + -- "PART 6 COURT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE" -A "\c" \ + -- "CHAPTER 6-1 COURT PROCEDURE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE" -A "\c" \ + -- "CHAPTER 6-2 JUDGE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS" -A "\c" \ + -- "CHAPTER 6-3 JURY TRIALS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS" -A "\c" \ + -- "CHAPTER 6-4 PROCEEDING AGAINST CORPORATIONS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Municipal courts, 11 O.S. +§ 27-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE" -A "\c" \ + -- "CHAPTER 6-1 COURT PROCEDURE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions" -A "\c" \ + -- "Sec 6-101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose" -A "\c" \ + -- "Sec 6-102 Purpose" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction" -A "\c" \ + -- "Sec 6-103 Jurisdiction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge" -A "\c" \ + -- "Sec 6-104 Change Of Venue; Disqualification Of Judge" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court" -A "\c" \ + -- "Sec 6-105 Chief Of Police As Principal Officer Of Court" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties" -A "\c" \ + -- "Sec 6-106 Clerk Of Court; Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties" -A "\c" \ + -- "Sec 6-107 City Attorney, Powers And Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond" -A "\c" \ + -- "Sec 6-108 Bond" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules" -A "\c" \ + -- "Sec 6-109 Authority Of Judge To Prescribe Rules" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance" -A "\c" \ + -- "Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In Lieu Of Appearance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau" -A "\c" \ + -- "Sec 6-111 Designation Of Fines, Traffic Violations Bureau" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial" -A "\c" \ + -- "Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior To Trial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest" -A "\c" \ + -- "Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; Custody, Arrest" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act" -A "\c" \ + -- "Sec 6-114 Traffic Bail Bond Act" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear" -A "\c" \ + -- "Sec 6-115 Issuance Of Summons; Failure To Appear" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant" -A "\c" \ + -- "Sec 6-116 Failure To Appear According To Terms Of Bond, Bond Forfeiture, Bench Warrant" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear" -A "\c" \ + -- "Sec 6-117 Complainant, Witnesses, Failure To Appear" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond" -A "\c" \ + -- "Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And Conditions, Temporary Cash Bond" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule" -A "\c" \ + -- "Sec 6-119 Procedures For Bail Or Bond Schedule" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment" -A "\c" \ + -- "Sec 6-120 Arraignment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial" -A "\c" \ + -- "Sec 6-121 Postponement Of Trial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial" -A "\c" \ + -- "Sec 6-122 Defendant\[aq]s Presence Required At Trial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter" -A "\c" \ + -- "Sec 6-123 Procedure For Trials Not Within Scope Of Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment" -A "\c" \ + -- "Sec 6-124 Judgment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment" -A "\c" \ + -- "Sec 6-125 Judgment Of Imprisonment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers" -A "\c" \ + -- "Sec 6-126 Suspension Or Deferment Of Judgment, Powers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant" -A "\c" \ + -- "Sec 6-127 Payment Of Costs By Defendant" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees" -A "\c" \ + -- "Sec 6-128 Witness Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service" -A "\c" \ + -- "Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And Community Service" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code" -A "\c" \ + -- "Sec 6-130 Same Offense Punishable By Different Sections Of Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court" -A "\c" \ + -- "Sec 6-131 Contempt Of Court" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses" -A "\c" \ + -- "Sec 6-132 Juvenile Traffic Offenses" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments" -A "\c" \ + -- "Sec 6-133 Penalty Assessments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment" -A "\c" \ + -- "Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate Offense, Imprisonment" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions" -A "\c" \ + -- "Sec 6-101 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Chief of police\f[R] means the peace officer in charge of the +police force of the city. +.PP +\f[I]Clerk\f[R] means the court clerk as appointed by the city manager, +including any deputy or member of the office staff of the clerk while +performing duties of the clerk\[aq]s office. +.PP +\f[I]Court\f[R] means the municipal criminal court of the city. +.PP +\f[I]Judge\f[R] means the judge of the municipal criminal court, +including any acting judge or alternate judge thereof as provided for by +the statutes of the state and this chapter. +.PP +\f[I]This judicial district\f[R] means the district court judicial +district of the state wherein the government of the city is situated. +.PP +(Prior Code, § 15-2; Code 1999, § 6-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose" -A "\c" \ + -- "Sec 6-102 Purpose" +\& +.LP +This chapter shall govern the organization and operation of the +municipal criminal court of the city, as put into operation by +resolution duly passed on January 6, 1969, and filed in accordance with +law, as authorized by state statutes. +To the extent of conflict between any provisions of this chapter and the +provisions of any other ordinance of the city, the provisions of this +chapter shall control. +.PP +(Prior Code, § 15-1; Code 1999, § 6-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction" -A "\c" \ + -- "Sec 6-103 Jurisdiction" +\& +.LP +The court shall exercise original jurisdiction to hear and determine all +prosecutions wherein a violation of any ordinance of the city is +charged. +.PP +(Prior Code, § 15-1; Code 1999, § 6-103) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-103. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge" -A "\c" \ + -- "Sec 6-104 Change Of Venue; Disqualification Of Judge" +\& +.IP " 1." 4 +No change of venue shall be allowed from any municipal court, but the +judge of the municipal court may be disqualified under the same terms +and conditions as are now provided by law for courts of record. +.IP " 2." 4 +In the event of an ethical disqualification by a municipal judge, the +senior municipal judge may appoint, on a case-by-case basis, a sitting +municipal judge in another municipality within the same county or an +adjacent county to act as a special judge for the purposes of hearing +the case. +.LP +(Prior Code, § 15-15; Code 1999, § 6-104) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-105. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court" -A "\c" \ + -- "Sec 6-105 Chief Of Police As Principal Officer Of Court" +\& +.LP +All writs or processes of the court shall be directed, in his official +title, to the chief of police, who shall be the principal officer of the +court. +.PP +(Prior Code, § 15-19; Code 1999, § 6-105) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-110. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties" -A "\c" \ + -- "Sec 6-106 Clerk Of Court; Duties" +\& +.IP " 1." 4 +The clerk or a deputy designated by him shall be the clerk of the court. +.IP " 2." 4 +The clerk shall: +.RS 4 +.IP " 1." 4 +Assist the judge in recording the proceedings of the court and in +preparing writs, processes and other papers; +.IP " 2." 4 +Administer oaths required in proceedings before the court; +.IP " 3." 4 +Enter all pleadings, processes and proceedings in the dockets of the +courts; +.IP " 4." 4 +Perform such other clerical duties relating to the proceedings of the +court as the judge shall direct; and +.IP " 5." 4 +Receive any receipt for forfeitures, fees, deposits and sums of money +payable to the court and as may be established by the court or the city +council. +.RE +.IP " 3." 4 +The clerk shall pay to the clerk of the city all money so received by +him, except such special deposits or fees as shall be received to be +disbursed by him for special purposes. +All money paid to the clerk shall be placed in the general fund of the +city, or in such other fund as the council may direct. +.LP +(Prior Code, § 15-16; Code 1999, § 6-106) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-109. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties" -A "\c" \ + -- "Sec 6-107 City Attorney, Powers And Duties" +\& +.LP +The city attorney or his duly designated assistant may be the +prosecuting officer of the court. +He may prosecute, in his discretion, all alleged violations of the +ordinances of the city. +He shall be authorized, in his discretion, to prosecute and resist +appeals, proceedings in error and review from this court to any other +courts of the state, and to represent the city in all proceedings +arising out of matters in this court. +.PP +(Prior Code, § 15-18; Code 1999, § 6-107) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-108. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond" -A "\c" \ + -- "Sec 6-108 Bond" +\& +.LP +The clerk of the court shall give bond in such sum as set by the +council, in the form provided by state law. +When executed, the bond shall be submitted to the council for approval. +When approved, it shall be filed with the clerk and retained in the +municipal archives. +.PP +(Prior Code, § 15-17; Code 1999, § 6-108) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-111. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules" -A "\c" \ + -- "Sec 6-109 Authority Of Judge To Prescribe Rules" +\& +.LP +The judge may prescribe rules, consistent with the laws of the state and +with the ordinances of the city, for the proper conduct of the business +of the court. +.PP +(Code 1999, § 6-109) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-114. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance" -A "\c" \ + -- "Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In Lieu Of Appearance" +\& +.IP " 1." 4 +A traffic violations bureau is established as a division of the office +of the clerk of the court, to be administered by the clerk or by +subordinates designated for that purpose. +Persons who are cited for violation of one of the following traffic +ordinances of the city, other than: +.RS 4 +.IP " 1." 4 +Driving while intoxicated or driving while impaired; +.IP " 2." 4 +Leaving the scene of an accident; +.IP " 3." 4 +Reckless driving; +.IP " 4." 4 +Violation of financial responsibility requirements; +.IP " 5." 4 +Driver\[aq]s license offenses (e.g., suspended, revoked, etc.); or +.IP " 6." 4 +Failure to obey citation; +may elect to pay a fine in the traffic violations bureau according to a +schedule of fines prescribed from time to time by the council. +The payment shall constitute a final determination of the cause against +the defendant. +.RE +.IP " 2." 4 +The court may adopt rules to carry into effect this section. +If a defendant who has elected to pay a fine under this section fails so +to do, prosecution shall proceed under the provisions of this chapter. +.LP +(Code 1999, § 6-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau" -A "\c" \ + -- "Sec 6-111 Designation Of Fines, Traffic Violations Bureau" +\& +.LP +The city council shall designate by motion or resolution the specified +offenses for which payment of fines may be accepted by the traffic +violations bureau and shall specify by suitable schedules the amount of +such fines for first, second and subsequent offenses, and shall further +specify what number of such offenses shall require appearance before the +judge. +A copy of the fine schedule shall be kept on file in the office of the +court clerk. +.PP +(Code 1999, § 6-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial" -A "\c" \ + -- "Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior To Trial" +\& +.IP " 1." 4 +All prosecutions for violation of ordinances of this city shall be +styled \[dq]The City of Moore, Oklahoma vs. +(naming defendant or defendants).\[dq] Except as provided hereinafter, +prosecutions shall be initiated by the filing of a written complaint, +subscribed and verified by the person making the complaint, and setting +forth concisely the offense charged. +.IP " 2." 4 +Any person, except a police officer or other employee of the city, +filing a criminal offense complaint in the municipal court shall deposit +with the clerk of the court, unless waived by order of the court, the +court cost fee as provided in this chapter. +The court costs so deposited by such a complainant shall be refunded to +the complainant or person depositing same upon conviction or acquittal +of the defendant; the court costs shall not be refunded if the charges +are dismissed at the request of the complainant who made the deposit or +because the complainant fails or refuses to appear in court to testify +or aid in the prosecution of the charge filed by such complainant. +.IP " 3." 4 +All defects in the form or substance apparent on the face of a complaint +charging a violation of an ordinance of the city, and being grounds for +motion or demur, may only be raised by an accused in writing and prior +to trial. +.IP " 4." 4 +A complaint may be amended in matter of substance or form at any time +before the defendant pleads, without leave, and may be amended after +plea or order of the court where the same can be done without material +prejudice to the rights of the defendant. +No amendment shall cause any delay of the trial, unless good cause is +shown by affidavit. +.LP +(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-115. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest" -A "\c" \ + -- "Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; Custody, Arrest" +\& +.IP " 1." 4 +If a resident of the city is arrested by a law enforcement officer for +the violation of any traffic ordinance for which other provisions of +this chapter do not apply, or is arrested for the violation of a +nontraffic ordinance, the officer shall immediately release the person +if the person acknowledges receipt of a citation by signing it. +However, the arresting officer need not release the person if it +reasonably appears to the officer that the person may cause injury to +himself or others or damage to property if released, that the person +will not appear in response to the citation, or the person is arrested +for an offense against a person or property. +If the person fails to appear in response to the citation, a warrant +shall be issued for his arrest and his appearance shall be compelled. +.IP " 2." 4 +If the arrested resident is not released by being permitted to sign a +citation as provided in this section, he shall be admitted to bail +either before or after arraignment, or shall be released on personal +recognizance. +.IP " 3." 4 +If a nonresident of the city is arrested by a law enforcement officer +for a violation of any ordinance for which section 6-114 does not apply, +the defendant shall be eligible to be admitted to bail either before or +after arraignment. +.IP " 4." 4 +If the alleged offense is a violation of an ordinance restricting or +regulating the parking of vehicles, including any regulations issued +under such an ordinance, and the operator is not present, the police +officer shall place on the vehicle, at a place reasonably likely to come +to the notice of the operator, a citation conforming substantially to +that prescribed in this section, with such variation as the +circumstances require, the operator of this vehicle shall be under the +same obligation to respond to the citation as if it had been issued to +him personally under subsection (A) of this section. +.LP +(Code 1999, § 6-113) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-117. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act" -A "\c" \ + -- "Sec 6-114 Traffic Bail Bond Act" +\& +.LP +If a resident or nonresident of a municipality having a municipal court +is arrested by a law enforcement officer solely for a misdemeanor +violation of a traffic ordinance, other than an ordinance pertaining to +a parking or standing traffic violation, and the arrested person is +eligible to sign a written promise to appear and be released upon +personal recognizance as provided for in 22 O.S. +§ 1115, then the procedures provided for in the State and Municipal +Traffic Bail Bond Procedure Act (22 O.S. +§ 1115 et seq.) +as applied to municipalities, shall govern. +A municipality, by ordinance, may prescribe a bail bond schedule for +this purpose and may provide for bail to be used as payment of the fine +and costs upon a plea of guilty or nolo contendere, as provided for in +22 O.S. +§ 1115.1. +Absent such ordinance, the municipal court may prescribe a bail bond +schedule for traffic offenses. +The amount of bail shall not exceed the maximum fine and costs provided +by ordinance for each offense, unless the defendant has a previous +history of failing to appear according to the terms or conditions of a +bond, in which case the amount of bail shall not exceed $1,000.00. +.PP +(Code 1999, § 6-114) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-117.1. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear" -A "\c" \ + -- "Sec 6-115 Issuance Of Summons; Failure To Appear" +\& +.IP " 1." 4 +Upon the filing of a complaint charging violation of an ordinance, the +judge, unless he determines to issue a warrant of arrest, or unless the +defendant previously has been issued a citation or has been arrested and +has given bond for appearance, shall issue a summons, naming the person +charged, specifying his address or place of residence, if known, stating +the offense with which he is charged and giving him notice to answer the +charge in the court on a day certain, containing a provision for the +official return of the summons, and including such other pertinent +information as may be necessary. +.IP " 2." 4 +The summons shall be served by delivering a copy to the defendant +personally or by certified mail. +If he fails to appear and to answer the summons within the prescribed +period, a warrant shall be issued for his arrest, as provided by this +chapter. +.IP " 3." 4 +Any person who has been duly served with a summons or traffic citation +and who has signed a written promise to appear in court as directed in +the summons or the citation or as subsequently directed by the court, +and who fails to appear pursuant to his written promise or as directed +by the court, shall be deemed guilty of an offense, which shall be +punishable as provided in section 1-108. +.LP +(Prior Code, § 15-22; Code 1999, § 6-115) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant" -A "\c" \ + -- "Sec 6-116 Failure To Appear According To Terms Of Bond, Bond Forfeiture, Bench Warrant" +\& +.IP " 1." 4 +If, without sufficient excuse, a defendant fails to appear according to +the terms or conditions of his bond, either for hearing, arraignment, +trial or judgment, or upon any other occasion when his presence in court +or before the judge may be lawfully required or ordered, the judge may +direct that fact to be entered upon the court minutes, thereby declaring +the bond to be forfeited. +The judge may also order a bench warrant to be issued for the defendant +as provided in this chapter. +.IP " 2." 4 +The judge, without advancing court costs, may also cause the forfeiture +to be certified to the district court of the county, where it shall be +entered upon the judgment docket and shall have the full force and +effect of a district court judgment. +At such time as the forfeiture is entered upon the district court +judgment docket, the district court clerk shall proceed in accordance +with the provisions of 59 O.S. +§§ 1330, 1332, 1333 and 1335, and a surety shall have all remedies +available under the provisions of 22 O.S. +§ 1108 and 59 O.S. +§§ 1301 through 1340. +.IP " 3." 4 +Court costs shall be collectible from the proceeds of the bond. +.LP +(Code 1999, § 6-116) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-118. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear" -A "\c" \ + -- "Sec 6-117 Complainant, Witnesses, Failure To Appear" +\& +.LP +No person, having signed a complaint in the municipal court of the city +alleging the violation of an ordinance or any other person in response +to an order of the court, shall fail, refuse or neglect to appear for +the purpose of testifying as a witness at the trial of the case, after +having been notified of the time, date and place at which the case is +set for trial. +.PP +(Code 1999, § 6-117) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond" -A "\c" \ + -- "Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And Conditions, Temporary Cash Bond" +\& +.IP " 1." 4 +If a resident of the city is arrested by a law enforcement officer for +the violation of any traffic ordinance for which 11 O.S. +§ 27-117.1 does not apply, or is arrested for the violation of a +nontraffic ordinance, the officer shall immediately release said person +if the person acknowledges receipt of a citation by signing it; +provided, however, the arresting officer need not release said person if +it reasonably appears to the officer that the person may cause injury to +himself or others or damage to property if released, that the person +will not appear in response to the citation, or the person is arrested +for an offense against a person or property. +If said person fails to appear in response to the citation, a warrant +shall be issued for his arrest and his appearance shall be compelled. +If the arrested resident is not released by being permitted to sign a +citation as provided for in this subsection, he shall be admitted to +bail either before or after arraignment, or shall be released on +personal recognizance. +A municipality may prescribe a fine for up to the maximum amount +authorized by courts not of record for failure of a person to have a +valid driver\[aq]s license when charged with a traffic violation. +.IP " 2." 4 +If a nonresident of the city is arrested by a law enforcement officer +for a violation of any ordinance for which 11 O.S. +§ 27-117.1 does not apply, the defendant shall be eligible to be +admitted to bail either before or after arraignment. +.IP " 3." 4 +The amount and conditions of bail granted pursuant to the provisions of +subsections (A) and (B) of this section shall be determined by the judge +who shall prescribe rules for the receipt of bail and for the release on +personal recognizance. +The amount of bail for each offense shall not exceed the maximum fine +plus court costs, unless the defendant has a previous history of failing +to appear according to the terms or conditions of a bond, in which case +the amount of bail shall not exceed $1,000.00. +In the event of arrests at night, emergencies, or when the judge is not +available, a court official, the chief of police or his designated +representative may be authorized by the judge, subject to such +conditions as shall be prescribed by the judge, to accept a temporary +cash bond in a sufficient amount to secure the appearance of the +accused. +The cash bond shall not exceed the maximum fine provided for by +ordinance for each offense charged, unless the defendant has a previous +history of failing to appear according to the terms or conditions of a +bond, in which case the amount of the cash bond shall not exceed +$1,000.00. +The court official, chief of police or his designated representative is +authorized, subject to such conditions as shall be prescribed by the +judge, to release a resident of the city on personal recognizance. +.LP +(Prior Code, § 15-23; Code 1999, § 6-118) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-117. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule" -A "\c" \ + -- "Sec 6-119 Procedures For Bail Or Bond Schedule" +\& +.IP " 1." 4 +Upon arrest, or upon appearance without arrest in response to citation +or summons, or at any time before trial, before or after arraignment, +the defendant may be eligible to be released upon giving bail for his +appearance in an amount and upon conditions fixed by this chapter or the +judge, who shall prescribe appropriate rules of court for the receipt of +bail and release of the defendant. +In case of arrests made at night or under other conditions of emergency +or when the judge is not available, the rules shall authorize the chief +of police, or his designated representative, to accept a temporary bond, +in the form of cash, money order, credit card, or surety bond by a +licensed bondsman, of not less than $10.00 nor more than the maximum +monetary penalty provided by ordinance for the offense charged. +The judge or police chief is authorized, subject to conditions as may be +prescribed by the judge, to release a resident of the city on personal +recognizance. +.IP " 2." 4 +The city\[aq]s bail bond schedule setting forth specific offenses and +bail bond amounts and procedures therefor, as amended from time to time, +is hereby adopted and incorporated herein by reference. +.LP +(Prior Code, § 15-24; Code 1999, § 6-119; Ord. +No. +408(03), 5-5-2003; Ord. +No. +513(05), 8-15-2005) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment" -A "\c" \ + -- "Sec 6-120 Arraignment" +\& +.LP +Upon making his appearance before the court, the defendant shall be +arraigned. +The judge, or the city attorney, shall read the complaint to the +defendant, inform him of his legal rights, including the right of trial +by jury, if available, and of the consequences of conviction, and ask +him whether he pleads guilty or not guilty. +If the defendant pleads guilty, the court may proceed to judgment and +sentence or may continue the matter for subsequent disposition. +If the plea is not guilty, and the case is not for jury trial, the court +may proceed to try the case, or may set it for hearing at a later date. +.PP +(Prior Code, § 15-25; Code 1999, § 6-120) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial" -A "\c" \ + -- "Sec 6-121 Postponement Of Trial" +\& +.LP +Before trial commences, either party, upon good cause shown, may obtain +a reasonable postponement thereof. +If the continuance of any matter is by motion or request of the +defendant, a fee as established by the fee schedule shall be added, +unless waived by the court, to the court costs authorized by section +6-127. +.PP +(Prior Code, § 15-26; Code 1999, § 6-121) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325950_Ordinance%20No.%20794%20(15).pdf" -A "\c" \ + -- "794(15)" +\& on 7/6/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial" -A "\c" \ + -- "Sec 6-122 Defendant\[aq]s Presence Required At Trial" +\& +.LP +The defendant must be present in person at the trial of his case in +court. +.PP +(Prior Code, § 15-27; Code 1999, § 6-122) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter" -A "\c" \ + -- "Sec 6-123 Procedure For Trials Not Within Scope Of Chapter" +\& +.LP +Except as otherwise provided for by law, the code of procedure in the +municipal court shall be the same as is provided for by law for the +trial of misdemeanors. +The court shall take judicial notice of state statutes and the +ordinances of the city in which it is located. +Writs and processes of the court may be issued by the judge or clerk +thereof to any proper officer. +All writs and processes of the municipal court in which a violation of a +municipal ordinance is charged shall be directed to the chief of police, +a county sheriff, or to some other appropriate peace officer. +A law enforcement officer of the city or county sheriff may serve an +arrest warrant issued by the municipal court any place within the state. +If the warrant is served by a county sheriff, the city shall pay the +sheriff\[aq]s service fee account a fee of $20.00. +.PP +(Prior Code, § 15-28; Code 1999, § 6-123) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-113. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment" -A "\c" \ + -- "Sec 6-124 Judgment" +\& +.LP +At the close of trial, judgment must be rendered without undue delay by +the judge, who shall cause it to be entered in his docket. +.IP " 1." 4 +If judgment is of acquittal, and the defendant is not to be detained for +any other legal cause, he must be discharged at once; +.IP " 2." 4 +If the defendant pleads guilty or is convicted after trial, the court +must render judgment thereon, fixing the penalty within the limits +prescribed by the applicable ordinance and imposing sentence +accordingly; and +.IP " 3." 4 +A judgment that the defendant pay a fine may direct also that he be +imprisoned until the fine is satisfied, as provided in section 6-128. +.LP +(Prior Code, §§ 15-30\[em]15-33; Code 1999, § 6-124) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment" -A "\c" \ + -- "Sec 6-125 Judgment Of Imprisonment" +\& +.LP +If, after conviction, judgment of imprisonment is entered, a copy +thereof, certified by the clerk, shall be delivered to the chief of +police, the sheriff of the county, or other appropriate officer. +Such copy shall be sufficient warrant for execution of the sentence. +.PP +(Prior Code, § 15-34; Code 1999, § 6-125) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers" -A "\c" \ + -- "Sec 6-126 Suspension Or Deferment Of Judgment, Powers" +\& +.IP " 1." 4 +The judge of the court in imposing a judgment and sentence, at his +discretion, is empowered to modify, reduce or suspend or defer the +imposition of such sentence or any part thereof and to authorize the +person to be released upon his own recognizance for a period not to +exceed six months from the date of the sentence, under such terms or +conditions as the judge may specify. +The judge may, with the consent of the defendant, defer further +proceedings, after a verdict, finding or plea of guilty, but before +passing a judgment of guilt and imposing a fine, and place the defendant +on probation for a period not to exceed six months, under such terms and +conditions as prescribed by the court, which may include, but not be +limited to, work on the streets, parks or other city-owned or maintained +projects, with proper supervision. +.IP " 2." 4 +A defendant is not entitled to a deferred sentence if the defendant has +been previously convicted of a felony. +.IP " 3." 4 +Upon a finding of the court that the conditions of release have been +violated, the municipal judge may enter a judgment of guilty and may +cause a warrant to be issued for the defendant. +.IP " 4." 4 +Upon the issuance of the warrant or judgment of guilty being entered, +the person shall be delivered forthwith to the place of confinement to +which he is sentenced and shall serve out the full term or pay the full +fine for which he was originally sentenced as may be directed by the +judge. +.IP " 5." 4 +The judge may continue or delay imposing a judgment and sentence for a +period of time not to exceed six months from the date of the sentence. +At the expiration of such period, the judge may allow the city attorney +to amend the charge to a lesser offense. +.IP " 6." 4 +If a deferred sentence is imposed, an administrative fee or fee in lieu +of a fine of up to $200.00 for traffic offenses involving speeding or +parking violations, up to $500.00 for all other violations, and up to +$800.00 for drug and alcohol violations, may be imposed as costs in the +case. +The court may make payment of the fee a condition of granting or +continuing the imposition of a sentence, if the defendant is able to +pay. +.IP " 7." 4 +The court may also require restitution and in the event there was damage +done to public or private property during the commission of the offense, +the court may require the defendant to repair or replace such damaged +property as a condition to a deferred sentence as may be directed by the +court. +.LP +(Prior Code, §§ 15-35, 15-36; Code 1999, § 6-126; Ord. +No. +459, 8-1-1988; Ord. +No. +481(04), 10-18-2004; Ord. +No. +553(06), 9-5-2006) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-123. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant" -A "\c" \ + -- "Sec 6-127 Payment Of Costs By Defendant" +\& +.IP " 1." 4 +If judgment of conviction is entered, after the conclusion of a trial or +by plea of guilty or nolo contendere in open court before the municipal +judge, the clerk of the court shall tax the costs to the defendant in +the maximum sum permitted by state law, plus the fees and mileage of +jurors and witnesses, plus a technology fee, plus a fee for the filing +of an expungement order, continuance fees, all of which the defendant +shall pay, in addition to any fine may which be imposed. +.IP " 2." 4 +Except as otherwise provided in this section, the municipal attorney may +ask the court to require a person confined in a city or county jail, for +any offense, to pay the jail facility the costs of incarceration, both +before and after conviction, upon conviction or receiving a deferred +sentence. +The costs of incarceration shall be collected by the clerk of the court. +Costs of incarceration shall include booking, receiving and processing +out, housing, food, clothing, medical care, dental care, and psychiatric +services. +The costs of incarceration shall be an amount equal to the actual cost +of the services and shall be determined by the chief of police for city +jails, or by contract amount, if applicable. +The cost of incarceration shall be paid to the municipality, county or +other public entity responsible for the operation of all jail facilities +where the person is held before and after conviction. +The costs shall not be assessed if the defendant is a mentally ill +person as defined by 43A O.S. +§ 1-103. +Ten percent of any amount collected shall be paid to the municipal +attorney\[aq]s office, the remaining amount shall be paid to the +municipality, the sheriff\[aq]s service fee account, if the sheriff does +not operate the jail facility, the remaining amount shall be deposited +with the public entity responsible for the operation of the jail +facility where the person is held. +.IP " 3." 4 +Any offender injured during the commission of a felony or misdemeanor +offense shall be required to reimburse the sheriff, municipality or +other public entity responsible for the operation of the jail, the full +amount paid by the sheriff, municipality or other public entity +responsible for the operation of the jail for any medical care or +treatment administered to such offender during any period of +incarceration or preceding incarceration in that jail facility. +The sheriff, municipality or other public entity responsible for the +operation of the jail may deduct the costs of medical care and treatment +resulting from the commission of a felony or misdemeanor offense from +any money collected from such inmate\[aq]s jail account as authorized by +19 O.S. +§ 531. +If the funds collected from the inmate\[aq]s jail account are +insufficient to satisfy the actual medical costs paid as a result of the +commission of a felony or misdemeanor offense, the court shall order the +remaining balance of the medical care treatment to be paid. +.LP +(Prior Code, § 15-37; Code 1999, § 6-127; Ord. +No. +467, 10-17-1988; Ord. +No. +274(00), 2-22-2000; Ord. +No. +409(03), 5-19-2003; Ord. +No. +564(06), 10-16-2006) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326001_Ordinance%20No.%20795%20(15).pdf" -A "\c" \ + -- "795(15)" +\& on 7/6/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees" -A "\c" \ + -- "Sec 6-128 Witness Fees" +\& +.IP " 1." 4 +Witnesses in any proceeding in the court, other than police or peace +officers who shall be employed by the city, shall be entitled to a +witness fee as established by the city council by motion or resolution +per each day of attendance, plus mileage per mile actually and +necessarily traveled in going to and returning from the place of +attendance, if the residence is more than ten miles distant from the +place of trial. +No witness, however, shall receive fees or mileage in more than one case +for the same period of time or for the same travel. +A defendant seeking to subpoena witnesses must deposit with the court +clerk a sum sufficient to cover fees and mileage for one day of +attendance for each witness to be summoned, but such deposit shall not +be required from an indigent defendant who files an affidavit setting +forth: +.RS 4 +.IP " 1." 4 +The names of no more witnesses than the municipal judge for the city +shall determine to be just, necessary and reasonable for the proper +defense of such indigent\[aq]s case; +.IP " 2." 4 +That the defendant by reason of his poverty is unable to provide the +fees and mileage allowed by law; +.IP " 3." 4 +That the testimony of such witness is material; and +.IP " 4." 4 +That the attendance at the trial is necessary to his proper defense. +.RE +.IP " 2." 4 +In any case where an indigent defendant has properly filled out and +filed with the city an affidavit setting forth the above-mentioned +information, the fees for such witnesses shall be paid for by the city. +.LP +(Prior Code, § 15-29; Code 1999, § 6-128) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service" -A "\c" \ + -- "Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And Community Service" +\& +.IP " 1." 4 +If a defendant who is financially able refuses or neglects to pay a fine +or costs, or both, payment may be enforced: +.RS 4 +.IP " 1." 4 +By imprisonment until the same shall be satisfied at the rate of $25.00 +per day; +.IP " 2." 4 +The amount established by state law; or +.IP " 3." 4 +In the same manner as is prescribed in subsection (B) of this section +for a defendant who is without means to make such payment. +.RE +.IP " 2." 4 +If the defendant is without means to pay the fine or costs, the +municipal judge may direct the total amount due to be entered upon the +court minutes and to be certified to the district court in the county +where the situs of the municipal government is located, where it shall +be entered upon the district court judgment docket and shall have the +full force and effect of a district court judgment. +The same remedies shall be available for the enforcement of the judgment +as are available to any other judgment creditor. +.IP " 3." 4 +All defendants, upon conviction or on plea of guilty, may work on +community projects, the public streets, avenues or ways, public +buildings or other public premises or property as may be ordered by the +judge. +For such work, the defendant shall be credited toward any fine or costs +or witness or juror fees or mileage until the same are satisfied. +.IP " 4." 4 +The city shall direct where the work shall be performed. +The appropriate officer shall oversee the work. +If a guard is necessary, the chief of police shall make provision +therefor. +.LP +(Code 1999, § 6-129) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-122. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code" -A "\c" \ + -- "Sec 6-130 Same Offense Punishable By Different Sections Of Code" +\& +.LP +In all cases where the same offense is made punishable or is created by +different sections of this Code, the city attorney may elect under which +to proceed, but not more than one recovery shall be had against the same +person for the same offense. +.PP +(Code 1999, § 6-130) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court" -A "\c" \ + -- "Sec 6-131 Contempt Of Court" +\& +.LP +Obedience to the orders, rules and judgments made by the court may be +enforced by the judge, who may fine or imprison for contempt committed +as to him while holding court, or committed against process issued by +him, in the same manner and to the same extent as the district courts of +the state. +.PP +(Prior Code, § 15-38; Code 1999, § 6-131) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses" -A "\c" \ + -- "Sec 6-132 Juvenile Traffic Offenses" +\& +.IP " 1." 4 +The municipal court of the city shall have the power to try minors for +violation of all ordinances pertaining to traffic matters and as +otherwise set forth by state law. +.IP " 2." 4 +When the person charged with a municipal traffic violation is a minor, +the citing police officer shall ascertain from the minor the name and +address of his parent or legal guardian, and that officer shall cause a +copy of the violation or a letter containing the same information to be +mailed to the address of the parent or legal guardian, within three days +after the date of the violation. +.IP " 3." 4 +All actions against minors for violation of municipal traffic offenses +shall be heard and determined in the manner provided by law for the +trial of all other municipal traffic offenses and shall carry the same +penalty upon conviction, except no minor may be detained in any jail, +adult lockup, or other adult detention facility. +.IP " 4." 4 +For purposes of enforcing this section relation to traffic offenses +committed by minors, a minor shall be defined as a person between the +ages of 18 and 14 years of age, inclusive. +.LP +(Prior Code, § 15-4, in part; Code 1999, § 6-132) +.PP +\f[B]State Law reference\f[R]\[em] Juvenile jurisdiction, 10A O.S. +§ 2-2-103. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments" -A "\c" \ + -- "Sec 6-133 Penalty Assessments" +\& +.IP " 1." 4 +Any person: +.RS 4 +.IP " 1." 4 +Convicted of an offense punishable by a fine of $10.00 or more or by +imprisonment, excluding parking and standing violations; or +.IP " 2." 4 +Forfeiting bond when charged with such an offense under subsection +(A)(1) of this section; +shall pay a sum as set by state law as a separate penalty assessment for +law enforcement training, and as a separate fingerprinting fee, which +shall be in addition to and not in substitution for any and all fines +and penalties and costs otherwise provided for such offense. +The court shall provide for separate bail for the assessments; however, +a defendant admitted to bail on an undertaking by a surety may include +the amount of the assessment in the undertaking. +.RE +.IP " 2." 4 +Upon conviction or bond forfeiture, the court shall collect the +assessment and deposit the monies for payment as required by state law. +.IP " 3." 4 +At the end of every quarter the city shall deposit with the state +treasury the funds deposited in the law enforcement training funds and +the A.F.I.S. +(automated fingerprint identification system) fund as required by law. +The court clerk shall also furnish to the state treasury reports +required on the funds collected and penalty assessments imposed each +quarter. +.IP " 4." 4 +For the purpose of this section, the term \[dq]conviction\[dq] means any +final adjudication of guilt, whether pursuant to a plea of guilty or +nolo contendere or otherwise, and any deferred or suspended sentence or +judgment. +.LP +(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. +No. +349, 12-19-1983) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment" -A "\c" \ + -- "Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate Offense, Imprisonment" +\& +.IP " 1." 4 +All fines shall be recoverable by civil action before any court of +competent jurisdiction in addition to any other method provided by law. +.IP " 2." 4 +The failure to pay a fine levied pursuant to this Code shall constitute +a separate offense against the city, subject to a fine as provided in +section 1-108. +.IP " 3." 4 +If a fine is not paid by the defendant, the fine may be collected by +working in accordance with other provisions of this Code or state law. +.LP +(Code 1999, § 6-134) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE" -A "\c" \ + -- "CHAPTER 6-2 JUDGE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications" -A "\c" \ + -- "Sec 6-201 Created; Qualifications" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office" -A "\c" \ + -- "Sec 6-202 Term Of Office" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge" -A "\c" \ + -- "Sec 6-203 Acting Judge" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge" -A "\c" \ + -- "Sec 6-204 Appointment Of Judge, Alternate Judge" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation" -A "\c" \ + -- "Sec 6-205 Compensation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office" -A "\c" \ + -- "Sec 6-206 Removal Of Judge From Office" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy" -A "\c" \ + -- "Sec 6-207 Vacancy" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions" -A "\c" \ + -- "Sec 6-208 Additional Duties Of Judge, Advice To Boards And Commissions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications" -A "\c" \ + -- "Sec 6-201 Created; Qualifications" +\& +.LP +There shall be one judge of the court. +The judge shall be duly licensed to practice law in the state. +He need not reside within the city. +He may engage in the practice of law while serving as municipal judge. +He may serve as judge of other municipal courts if such service may be +accomplished consistently with his duties as judge of this court, with +the consent of the council. +.PP +(Prior Code, § 15-5; Code 1999, § 6-201) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-104. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office" -A "\c" \ + -- "Sec 6-202 Term Of Office" +\& +.LP +The official term of the judge shall be indefinite. +.PP +(Prior Code, § 15-7; Code 1999, § 6-202) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-104. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge" -A "\c" \ + -- "Sec 6-203 Acting Judge" +\& +.LP +If at any time there is no judge duly appointed and qualified available +to sit as judge, a person possessing the qualifications required by this +chapter for the judge shall be appointed by the city manager as acting +judge. +The acting judge shall preside as acting judge over the court in the +disposition of pending matters until such time as a judge or alternate +judge shall be available. +.PP +(Prior Code, § 15-11; Code 1999, § 6-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge" -A "\c" \ + -- "Sec 6-204 Appointment Of Judge, Alternate Judge" +\& +.IP " 1." 4 +Judges shall be appointed as provided in the city Charter. +.IP " 2." 4 +There may be appointed for each judge of the court an alternate judge +possessed of the same qualifications as the judge. +His appointment shall be for the same term and made in the same manner +as the judge. +He shall sit as judge of the court in any case if the judge is absent +from court, unable to act as judge, or disqualified from acting as judge +in the case. +.LP +(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation" -A "\c" \ + -- "Sec 6-205 Compensation" +\& +.LP +A judge shall receive such salary as may be established and shall be +paid in the same manner as the salaries of other officials of the city. +.PP +(Code 1999, § 6-205) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office" -A "\c" \ + -- "Sec 6-206 Removal Of Judge From Office" +\& +.IP " 1." 4 +Judges shall be subject to removal from office by the council for the +causes prescribed by the constitution and laws of the state for the +removal of public officers. +Proceedings for removal shall be instituted by the filing of a verified +written petition, setting forth facts sufficient to constitute one or +more legal grounds for removal. +Petitions may be signed and filed by the mayor, or 25 or more qualified +electors of the city. +In the latter event, verification may be executed by one or more of the +petitioners. +.IP " 2." 4 +The council shall set a date for hearing the matter and shall cause +notice thereof, together with a copy of the petition, to be served +personally upon the judge at least ten days before the hearing. +At the hearing, the judge shall be entitled to representation by +counsel, to present testimony and to cross examine the witnesses against +him, and to have all evidence against him presented in open hearing. +.IP " 3." 4 +So far as can be made applicable, the provisions of the Oklahoma +Administrative Procedure Act (75 O.S. +§ 250 et seq.) +governing individual proceedings shall govern removal proceedings +hereunder. +.IP " 4." 4 +Judgment of removal shall be entered only upon individual votes, by a +majority of all members of the council, in favor of such removal. +.LP +(Prior Code, § 15-13; Code 1999, § 6-206) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 27-104. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy" -A "\c" \ + -- "Sec 6-207 Vacancy" +\& +.IP " 1." 4 +A vacancy in the office of judge shall occur if the incumbent: +.RS 4 +.IP " 1." 4 +Dies; +.IP " 2." 4 +Resigns; +.IP " 3." 4 +Ceases to possess the qualifications for the office; or +.IP " 4." 4 +Is removed, and the removal proceeding has been affirmed finally in +judicial proceedings or is no longer subject to judicial review. +.RE +.IP " 2." 4 +Upon the occurrence of a vacancy in the office of judge, the city +manager shall appoint a successor to complete the unexpired term, upon +the same procedure as an original appointment is made. +.LP +(Prior Code, § 15-14; Code 1999, § 6-207) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions" -A "\c" \ + -- "Sec 6-208 Additional Duties Of Judge, Advice To Boards And Commissions" +\& +.IP " 1." 4 +The judge is hereby given additional duties and responsibilities to +appear and advise all boards and commission on all procedural and other +legal matters that may come before the boards and commissions while the +boards and commissions are hearing contested appeals and conducting +adversary proceedings. +Such boards shall include, but not be limited to, the personnel board, +board of adjustment, planning and zoning commission, pre-determination +employment hearings, grievance hearings conducted by the personnel board +or by boards established in labor contracts with the city, and any other +contested hearings or adversary proceeding hearing for which the judge +is directed by the city council or the city manager to appear and +advise. +.IP " 2." 4 +The judge shall be paid extra compensation for the additional services +require by the terms of this section. +The judge shall submit a claim at the conclusion of each hearing for his +fee for the time devoted to such individual hearing. +.LP +(Code 1999, § 6-208; Ord. +No. +415, 10-20-1986) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS" -A "\c" \ + -- "CHAPTER 6-3 JURY TRIALS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver" -A "\c" \ + -- "Sec 6-301 Right To Trial By Jury, Waiver" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors" -A "\c" \ + -- "Sec 6-302 Selection Of Jurors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service" -A "\c" \ + -- "Sec 6-303 Summons Of Jurors; Form; Service" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors" -A "\c" \ + -- "Sec 6-304 Composition Of Jury; Duty Of Jurors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law" -A "\c" \ + -- "Sec 6-305 Determination Of Questions Of Law" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict" -A "\c" \ + -- "Sec 6-306 Verdict" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees" -A "\c" \ + -- "Sec 6-307 Juror\[aq]s Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial" -A "\c" \ + -- "Sec 6-308 Cost Bond For Jury Trial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally" -A "\c" \ + -- "Sec 6-309 Misconduct Of Jurors Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury" -A "\c" \ + -- "Sec 6-310 Responsibility Of Officer In Charge Of Jury" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver" -A "\c" \ + -- "Sec 6-301 Right To Trial By Jury, Waiver" +\& +.IP " 1." 4 +In all prosecutions for violations of ordinances punishable by fine of +more than the amount specified under 11 O.S. +Section 27-119, or by imprisonment, or by both fine and imprisonment, +trial shall be by jury unless waived by the defendant. +If trial by jury is waived, trial shall be by the court. +.IP " 2." 4 +At arraignment, the defendant shall be asked whether he demands or +waives trial by jury. +His election shall be recorded in the minutes of the arraignment and +entered on the docket of the court respecting proceedings in the case. +.IP " 3." 4 +An election waiving jury trial, made at arraignment, may be changed by +the defendant at any time prior to the day for which trial by the court +is set. +An election demanding jury trial may be changed at any time prior to the +commencement of proceedings to impanel the jury for the trial; but if +that change occurs after the case has been set for jury trial, it may +not thereafter be rechanged so as again to demand trial by jury. +.LP +(Prior Code, §§ 15-51\[em]15-53; Code 1999, § 6-301; Ord. +No. +135(95), 11-6-1995) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. +§ 27-119. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785603_Ordinance%20969.21.pdf" -A "\c" \ + -- "969(21)" +\& on 3/15/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors" -A "\c" \ + -- "Sec 6-302 Selection Of Jurors" +\& +.LP +Jurors in the municipal court shall be selected pursuant to this section +under the same terms and conditions as are provided for by law for the +district courts, or in the alternative, pursuant to 38 O.S. +§ 18.1. +Upon written request of the judge of the municipal court for a stated +number of jurors to the chief judge of the appropriate district court, +it shall be the duty of the clerk of the district court to draw from the +jury wheel a requested number of jurors in the same manner as is +provided by law for the district court until the number requested, who +from their addresses appear to reside within the corporate limits of the +city, is drawn, and to prepare a list of names drawn and certify such +list to the judge of the municipal court. +On completion of the draw, the clerk shall immediately return to the +jury wheel all names drawn which are not placed on the certified list. +The judge of the municipal court shall make written request to the chief +judge of the district court for a stated number of additional jurors if, +after allowance of claimed statutory exemptions, the listed number is +found to be insufficient. +Summons of the prospective jurors shall be issued as set out by +ordinance, and may be served in person by the chief of police or any +member of the police force of the city, or may be served by the clerk of +the municipal court by mail. +.PP +(Prior Code, § 15-54; Code 1999, § 6-302) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. +§ 27-120. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service" -A "\c" \ + -- "Sec 6-303 Summons Of Jurors; Form; Service" +\& +.IP " 1." 4 +Upon receipt of the jury list, the clerk of the court shall cause a +summons substantially in the following form to be issued and served upon +each person on the list: +.br +.RS 4 +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(23.3n) lw(23.3n) lw(23.3n). +T{ +.nr LL 23.3n +State of Oklahoma +.br +T} T{ +.nr LL 23.3n +) +T} T{ +.nr LL 23.3n +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +) +T} T{ +.nr LL 23.3n +ss. +T} +T{ +.nr LL 23.3n +County of Cleveland +.br +T} T{ +.nr LL 23.3n +) +T} T{ +.nr LL 23.3n +.br +T} +.TE +.nr LL \n[LLold] +.ad +To (name of juror) Greetings: You hereby are summoned to appear in the +Municipal Court for the City of Moore, Oklahoma, to be held at (specify +the address, room number, etc.) +on the ___ day of ________, ___, at the hour of (specify hour) to serve +as a juror in the Court, and to continue in such service until +discharged by the Court. +.br +Hereof fail not, under penalty of law. +.br +Issued under the authority of the Court, this ___ day of ________, 2___. +.br +______________________ +.br +Clerk of the Municipal Court of Moore, Oklahoma +.br +Seal of the Court +.RE +.IP " 2." 4 +Service shall be made, as the judge may prescribe by rule or direct by +order, either in person upon the juror by the marshal of the court or by +any member of the police force of the city, or the clerk of the court, +through certified mail, directed to the juror at his address as given in +the jury list, with request for a personally signed return receipt. +In any proceeding wherein service of summons by mail is in issue, +evidence of the due mailing of the summons by the clerk or a member of +his staff and the presentation of an official postal return receipt +purportedly signed by the addressee shall be prima facie evidence that +the summons was duly received by the addressee and, therefore, that he +was properly served therewith. +.LP +(Prior Code, § 15-55; Code 1999, § 6-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors" -A "\c" \ + -- "Sec 6-304 Composition Of Jury; Duty Of Jurors" +\& +.IP " 1." 4 +A jury in the court shall consist of six jurors, good and lawful men or +women, citizens of the county possessing the qualifications of jurors in +district court. +.IP " 2." 4 +After the jurors are sworn, they must sit together and hear the proofs +and oral arguments of the parties, which must be delivered in public and +in the presence of the defendant. +.IP " 3." 4 +A verdict of the jury may be rendered by the vote of five jurors. +.LP +(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. +§ 27-119. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law" -A "\c" \ + -- "Sec 6-305 Determination Of Questions Of Law" +\& +.LP +In all actions tried before a jury, the judge shall determine all +questions of law, including questions as to the introduction of +evidence, arising during the trial. +He also shall instruct the jury as to the law. +.PP +(Prior Code, § 15-58; Code 1999, § 6-305) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict" -A "\c" \ + -- "Sec 6-306 Verdict" +\& +.IP " 1." 4 +The verdict of the jury, in all cases, must be general. +When the jury has arrived at its verdict, it must deliver the verdict in +the docket or cause it to be so entered. +.IP " 2." 4 +The jury must not be discharged after the cause is submitted to it until +a verdict is rendered unless the judge, for good cause, discharges it +sooner, in which event the court may proceed again to trial until a +verdict is rendered. +.LP +(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees" -A "\c" \ + -- "Sec 6-307 Juror\[aq]s Fees" +\& +.LP +Jurors shall receive for their services the sum as set by the council +per day, plus mileage at a rate per mile for each mile necessarily +traveled by the most direct route in going to and from the court one +time each day from their respective places of residence. +The claims for such compensation shall show the location of the +juror\[aq]s residence and the route and miles traveled, and must be +verified as other claims against the city are verified. +.PP +(Prior Code, § 15-64; Code 1999, § 6-307) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial" -A "\c" \ + -- "Sec 6-308 Cost Bond For Jury Trial" +\& +.LP +When an accused requests a jury trial in the municipal court, the court +may fix a reasonable sum as a cost bond and require the accused to +deposit the same prior to trial. +.PP +(Code 1999, § 6-308) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally" -A "\c" \ + -- "Sec 6-309 Misconduct Of Jurors Generally" +\& +.IP " 1." 4 +No juror or person drawn or summoned as a juror in the municipal court +shall either make any promise or agreement to give a verdict for or +against the city, permit any communication to be made to him, or receive +any book, paper, instruments or information relative to any cause +pending before him, except in the regular course of proceedings and the +trial of the case. +.IP " 2." 4 +No juror summoned by the court shall ask, receive or agree to receive, +any bribe upon any understanding concerning his vote or decision upon +any case in which he may be selected as a juror in the court. +.IP " 3." 4 +No person shall attempt to influence a juror summoned to appear in the +court, or any person summoned as a juror, in respect to his verdict, +either by means of communication, oral or written, had by him, except in +the regular course of proceedings; by means of any books, paper or +instruments, exhibited otherwise than in the regular course of +proceedings, by any means of threat or intimidation; by means of any +assurance, promise of any pecuniary or other advantage, by publishing +any statement, argument, or observation relating to the case; or by +talking with such juror concerning the case in any way. +.LP +(Prior Code, § 15-62; Code 1999, § 6-309) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury" -A "\c" \ + -- "Sec 6-310 Responsibility Of Officer In Charge Of Jury" +\& +.LP +No officer to whose charge any jury is committed by the municipal court +shall neglect or willfully permit such juror or any of them, either to +receive any communication from any person; to make any communication to +any person; to obtain or to receive any book, paper, or refreshment; or +to leave the jury room without leave of the court being first obtained. +.PP +(Prior Code, § 15-63; Code 1999, § 6-310) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS" -A "\c" \ + -- "CHAPTER 6-4 PROCEEDING AGAINST CORPORATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations" -A "\c" \ + -- "Sec 6-401 Summons; Issuance To Corporations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons" -A "\c" \ + -- "Sec 6-402 Form Of Corporation Summons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons" -A "\c" \ + -- "Sec 6-403 Service Of Summons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial" -A "\c" \ + -- "Sec 6-404 Trial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines" -A "\c" \ + -- "Sec 6-405 Collection Of Fines" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations" -A "\c" \ + -- "Sec 6-401 Summons; Issuance To Corporations" +\& +.LP +Upon complaint against a corporation being filed with the municipal +court, the judge shall issue a summons signed by him with his title of +office, requiring a duly authorized officer of the corporation to appear +before him at a specific time and place to answer the complaint. +The time for such appearance shall not be less than five days after +issuance of summons. +.PP +(Code 1999, § 6-401) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons" -A "\c" \ + -- "Sec 6-402 Form Of Corporation Summons" +\& +.LP +The summons authorized by section 6-401 must be in substantially the +following form: +.PP +In the name of the City of Moore, Oklahoma. +.PP +To ___________. +.PP +You are hereby summoned to appear before me at _____ (place) on _____ +(date and hour) to answer the complaint made against you upon the +complaint of _____ for the offense of _____ (designating offense +generally). +.PP +Dated at the City of Moore, Oklahoma, this _____. +.PP +______________ +.PP +Municipal Judge +.PP +(Code 1999, § 6-402) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons" -A "\c" \ + -- "Sec 6-403 Service Of Summons" +\& +.LP +The summons authorized by section 6-401 must be served by certified +mail, personally delivering a copy to, or other means authorized by +state law on the registered agent of the corporation at least ten days +before the day of appearance fixed therein, and may also be served by +certified mail or other means to the president or head of the +corporation, or to the secretary, cashier or managing agent thereof. +.PP +(Code 1999, § 6-403) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial" -A "\c" \ + -- "Sec 6-404 Trial" +\& +.LP +At the time appointed in the summons authorized by section 6-401, the +municipal judge shall try the complaint in the same manner as in the +case of a natural person brought before him. +.PP +(Code 1999, § 6-404) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines" -A "\c" \ + -- "Sec 6-405 Collection Of Fines" +\& +.LP +When a fine is imposed upon a corporation, upon conviction, it may be +collected by the municipal judge making a transcript of his proceedings +thereof, together with the judgment of the court duly certified and +filed with the clerk of the district court of the county. +Execution shall be issued thereon and served by the sheriff of the +county as in cases of execution generally. +.PP +(Code 1999, § 6-405) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_7_FINANCE_AND_TAXATION" -A "\c" \ + -- "PART 7 FINANCE AND TAXATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY" -A "\c" \ + -- "CHAPTER 7-1 FINANCES GENERALLY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY" -A "\c" \ + -- "CHAPTER 7-2 PURCHASES BY CITY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX" -A "\c" \ + -- "CHAPTER 7-3 SALES TAX" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX" -A "\c" \ + -- "CHAPTER 7-4 USE TAX" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX" -A "\c" \ + -- "CHAPTER 7-5 HOTEL TAX" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE" -A "\c" \ + -- "CHAPTER 7-6 TELEPHONE EXCHANGE FEE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX" -A "\c" \ + -- "CHAPTER 7-7 UTILITY TAX" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY" -A "\c" \ + -- "CHAPTER 7-8 UNCLAIMED PROPERTY" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY" -A "\c" \ + -- "CHAPTER 7-1 FINANCES GENERALLY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies" -A "\c" \ + -- "Sec 7-101 Appropriation Of Monies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments" -A "\c" \ + -- "Sec 7-102 Investments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds" -A "\c" \ + -- "Sec 7-103 Depositories Designated, Deposit Of Funds" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund" -A "\c" \ + -- "Sec 7-104 Capital Improvement Fund" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants" -A "\c" \ + -- "Sec 7-105 Authorized Signature On Checks And Warrants" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund" -A "\c" \ + -- "Sec 7-106 General Fund Reserve Fund" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies" -A "\c" \ + -- "Sec 7-101 Appropriation Of Monies" +\& +.LP +All monies, however derived, belonging to the city shall only be +appropriated for such objects, and defraying such expenses as accrue or +necessarily arise in the exercise of powers granted by law, the Charter +and ordinances of the city. +No appropriation shall be made without an order to that effect entered +upon a proper book to be kept for that purpose by the city. +.PP +(Prior Code, § 2-196; Code 1999, § 7-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments" -A "\c" \ + -- "Sec 7-102 Investments" +\& +.LP +The city treasurer or any other person authorized to invest public +monies shall invest the same in those investments authorized by the city +council or authorized by state law in a manner authorized by either or +both such council and statutes. +.PP +(Prior Code, § 2-198; Code 1999, § 7-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds" -A "\c" \ + -- "Sec 7-103 Depositories Designated, Deposit Of Funds" +\& +.LP +All banks and financial institutions as are designated by the city +council shall be designated as depositories for the funds of the city. +The city treasurer shall deposit daily all public funds received by him +in these banks. +Funds may be transferred from one depository to another upon direction +of the treasurer. +.PP +(Prior Code, § 2-211; Code 1999, § 7-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund" -A "\c" \ + -- "Sec 7-104 Capital Improvement Fund" +\& +.IP " 1." 4 +There is hereby created a capital improvement fund and monies for +capital improvement shall be deposited therein. +Money in the fund may be accumulated from year to year. +Such fund shall be placed in an insured interest bearing account. +Such fund shall be nonfiscal and shall not be considered in computing +any levy when the city makes an estimate for needed appropriations. +Money in the capital improvement fund may be expended for any capital +improvement. +.IP " 2." 4 +No funds shall be appropriated or expended from the capital improvement +fund in the absence of a recorded vote of the city council and until +claims duly verified by affidavit are presented and approved by the city +council. +.IP " 3." 4 +As used in this section, the term \[dq]capital improvement\[dq] means +all items and articles, either new or replacements, not consumed with +use but only diminished in value with prolonged use, including, but not +limited to, roads and streets, drainage improvements, water and sewage +improvements, machinery, equipment, furniture and fixtures, all real +property, all construction or reconstruction of buildings, appurtenances +and improvements to real property, the cost and expenses related thereto +of rights-of-way or other real property, engineering, architectural or +legal fees, and payment for improvements for which subsequent +reimbursement is made to the capital improvement fund. +.LP +(Prior Code, § 2-246; Code 1999, § 7-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants" -A "\c" \ + -- "Sec 7-105 Authorized Signature On Checks And Warrants" +\& +.LP +All checks or warrants issued by the city shall be signed by either the +mayor or the city treasurer, the vice-mayor or the assistant city +treasurer, using either original or facsimile signatures. +The facsimile signatures shall be filed with the secretary of state. +.PP +(Code 1999, § 7-106; Ord. +No. +84(94), 6-6-1994) +.PP +\f[B]State Law reference\f[R]\[em] Uniform Facsimile Signature of Public +Officials Act, 62 O.S. +§ 601 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund" -A "\c" \ + -- "Sec 7-106 General Fund Reserve Fund" +\& +.IP " 1." 4 +There is hereby created a general fund reserve fund and monies shall be +deposited therein. +The amount committed to this fund will initially be $200,000.00 with a +future goal of three months of operating capital in reserve of +$11,000,000.00. +Each year, after the fiscal year has closed, staff will review the +amount and will recommend to council the same or a different amount to +transfer to the general reserve fund based on excess revenues over +expenditures. +Once reached, should the balance fall below the three months operating +reserve, a plan will be established to replenish the fund to the +required level. +.IP " 2." 4 +Should economic events occur that cause sales & use tax growth to fall +below two percent of budget for two consecutive quarters or if +unforeseen emergencies occur, a budget amendment confirming the nature +of the event and authorizing the appropriation of reserve funds shall be +approved by a two-third vote of the city council members present. +.IP " 3." 4 +The general fund reserve fund is intended to assist in mitigating the +effects of economic and financial crisis, for necessary cash flow +management, and to enable the city to manage unforeseen emergencies +including natural disasters or catastrophic events. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288133_Ordinance%20923(19).pdf" -A "\c" \ + -- "923(19)" +\& on 10/7/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY" -A "\c" \ + -- "CHAPTER 7-2 PURCHASES BY CITY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions" -A "\c" \ + -- "Sec 7-201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made" -A "\c" \ + -- "Sec 7-202 By Whom Made" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited" -A "\c" \ + -- "Sec 7-203 Prior Approval Required; Splitting Contracts Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally" -A "\c" \ + -- "Sec 7-204 Bidding Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required" -A "\c" \ + -- "Sec 7-205 When Bidding Not Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases" -A "\c" \ + -- "Sec 7-206 Emergency Purchases" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding" -A "\c" \ + -- "Sec 7-207 Disposition Of Surplus Or Obsolete Materials, Bidding" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required" -A "\c" \ + -- "Sec 7-208 When Competitive Bidding Not Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property" -A "\c" \ + -- "Sec 7-209 Sale Of Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property" -A "\c" \ + -- "Sec 7-210 Sale Of Property" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions" -A "\c" \ + -- "Sec 7-201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Contractual services\f[R] means services performed for the city by +persons not in the employment of the city, and may include the use of +equipment or the furnishing of commodities in connection with such +services under express or implied contract. +Contractual services includes travel; freight; express; parcel post; +postage; telephone; telegraph; utilities; rents; repairs, alterations, +and maintenance of buildings, equipment, streets, and bridges, and other +physical facilities of the city; and other services performed for the +city by persons not in the employment of the city. +.PP +(Prior Code, § 2-226; Code 1999, § 7-201; Ord. +No. +95(94), 9-19-1994; Ord. +No. +127(95), 6-19-1995; Ord. +No. +142(96), 1-16-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made" -A "\c" \ + -- "Sec 7-202 By Whom Made" +\& +.IP " 1." 4 +All purchases of supplies, materials, equipment and contractual services +for the offices, departments and agencies of the city government shall +be made by the city manager or by other city personnel in accordance +with purchase authorizations issued by the city manager, and section +7-203. +.IP " 2." 4 +The city council does hereby authorize the city manager or designee, as +authorized by 62 O.S. +§ 310.1(C), to approve payment of any claims or invoices in an amount of +$22,500.00 or less for supplies, materials, services or equipment +submitted to the city for payment. +The city manager shall establish an internal control structure adequate +to provide reasonable assurance against the unauthorized or illegal +payment of invoices. +Such system of internal control should include the following control +procedures: +.RS 4 +.IP " 1." 4 +Proper authorization of transaction and activities; +.IP " 2." 4 +Adequate segregation of duties; +.IP " 3." 4 +Adequate documents and records; +.IP " 4." 4 +Adequate safeguards over access to and use of assets and records; and +.IP " 5." 4 +Independent checks on performance. +.RE +.IP " 3." 4 +Elements of the internal control structures, which are the control +environment and the accounting system, must be included. +The control environment shall consist of the overall attitude, awareness +and actions of the governing body and management, including a +foresighted management policy toward financial reporting. +The methods and records of an effective accounting system shall result +in: +.RS 4 +.IP " 1." 4 +Identification and recording of all valid transactions; +.IP " 2." 4 +Description on a timely basis of the type of transaction in sufficient +detail to permit proper classification of the transaction for financial +reporting; +.IP " 3." 4 +Measurements of the transactions value in a manner that permits +recording of its monetary value in the financial statements; +.IP " 4." 4 +Determination of the time period in which the transaction occurred to +permit recording of the transaction in the proper accounting period; +.IP " 5." 4 +Proper presentation of the transaction and related disclosures in +financial statements. +.RE +.IP " 4." 4 +Exceptions. +.RS 4 +.IP " 1." 4 +The city manager shall not receive, consider, analyze, process, settle +or litigate claims against the city and the authority arising out of any +of the areas or risks covered by or included in the program whether or +not they are or may be payable from the general operating account +created under section 6 of Moore Public Works Authority Resolution +166(97). +The city risk management board approval shall be required to settle all +non-health related claims in the amount of $5,000.00 or more and to +settle all health related claims regardless of an amount; provided, +however, all health related claims in the amount of $10,000.00 or more +shall be considered as a separate item at any regular or special meeting +of the city risk management board. +The city manager/general manager of the authority may approve the +settlement of any non-health related claims $5,000.00 or less. +The authority shall approve the settlement of all non-health related +claims or more as stated in Moore Public Works Authority Resolution +166(97); provided however, all non-health related claims in the amount +of $10,000.00 or more shall be considered as a separate item at any +regular or special meeting of the City Council or Moore Public Works +Authority. +.IP " 2." 4 +The city council does hereby authorize the city manager or designee to +approve payment of any claim or invoices for supplies, materials, +services or equipment submitted to the city for payment of monthly +utility billing, payments on prior council-approved contractual +agreements, and general obligation bond projects pursuant to their +contract. +Examples of this include the following vendors: +.RS 4 +.IP " 1." 4 +Oklahoma Natural Gas. +.IP " 2." 4 +Oklahoma Gas and Electric. +.IP " 3." 4 +Oklahoma Electric Cooperative. +.IP " 4." 4 +City of Oklahoma City. +.IP " 5." 4 +Republic Services. +.IP " 6." 4 +Veolia Water/US Filter/Professional Services Group. +.IP " 7." 4 +Silverstar Construction. +.IP " 8." 4 +Construction or engineering companies related to G.O. +Bond projects. +.IP " 9." 4 +Software vendors. +.RE +.RE +.LP +(Prior Code, § 2-227; Code 1999, § 7-202; Ord. +No. +95(94), 9-19-1994; Ord. +No. +127(95), 6-19-1995; Ord. +No. +142(96), 1-16-1996; Ord. +No. +213(97), 11-3-1997; Ord. +No. +478(04), 9-20-2004; Ord. +No. +545(06), 6-5-2006; Ord. +No. +571(07), 1-2-2007) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631910902_Ordinance%20960(21).pdf" -A "\c" \ + -- "960(21)" +\& on 1/19/2021 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ + -- "991(21)" +\& on 10/18/2021 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691700320_1030.23.pdf" -A "\c" \ + -- "1030.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited" -A "\c" \ + -- "Sec 7-203 Prior Approval Required; Splitting Contracts Prohibited" +\& +.IP " 1." 4 +Except as limited herein, every contract for, or purchase of, supplies, +materials, equipment or contractual services for more than $22,500.00 +shall require prior approval of the city council. +The following contracts or purchases must have council approval +regardless of the dollar amount involved, or whether or not they are +required to be competitively bid: +.RS 4 +.IP " 1." 4 +Contracts for professional services or employment contracts for +nonclassified personnel, in excess of $20,000.00 whether on a full- or +part-time basis, or whether for a term certain or at will; +.IP " 2." 4 +All lease purchase agreements or contract which terms will extend beyond +the fiscal year or wherein at the time of termination the city shall be +or may be obligated for additional expenditures above the lease purchase +price. +Under no circumstances may such contracts or purchases be made without +first obtaining approval of the council. +.RE +.IP " 2." 4 +No contracts involving sums in excess of $50,000.00 shall be split into +partial contracts involving sums of below $50,000.00, nor shall any +contracts be made in two or more iterations or sequential executions +with the intent to evade the competitive bidding requirements of this +Code or state law or with the intent to evade the monetary spending +limits imposed by this section. +All such partial contracts involving less than $25,000.00 shall be void. +.LP +(Prior Code, § 2-228; Code 1999, § 7-203; Res. +No. +262, 10-16-1989; Ord. +No. +542, 1-22-1991; Ord. +No. +63(93), 10-18-1993; Ord. +No. +95(94), 9-19-1994; Ord. +No. +127(95), 6-19-1995; Ord. +No. +142(96), 1-16-1996; Ord. +No. +467(04), 9-20-2004; Ord. +No. +572(07), 1-2-2007) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ + -- "991(21)" +\& on 10/18/2021 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1052.24.pdf" -A "\c" \ + -- "1052.24" +\& on 4/2/2024 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally" -A "\c" \ + -- "Sec 7-204 Bidding Generally" +\& +.LP +Before any purchase of, or contract for, supplies, materials, equipment, +or contractual services is made, except as otherwise provided in section +7-203, the city purchasing authority shall submit to at least three +persons dealing in and able to supply the same, a request for quotation +(or invitation to bid) and specifications, to give them opportunity to +bid; or publish notice of the proposed purchase in a newspaper of +general circulation within the city. +He shall favor a person in the city when this can be done without +additional cost to the city; but he shall submit requests for quotation +to those outside the city when this may be necessary to secure bids or +to create competitive conditions, or when he thinks that by so doing he +can make a saving for the city; and shall purchase from them when he can +make a saving for the city. +All bids shall be sealed and shall be opened in public at a designated +time and place. +He may repeatedly reject all bids, and again may submit to the same or +other persons the request for quotation (or invitation to bid), or again +publish notice of the proposed purchase. +He may purchase only from the bidder whose bid is most advantageous to +the city, considering price, quality, date of delivery, and so on. +In the case of a tie, he may purchase from one of those tying, or may +divide the purchase among those tying, always accepting the bids most +advantageous to the city. +.PP +(Prior Code, § 2-229; Code 1999, § 7-204; Ord. +No. +95(94), 9-19-1994; Ord. +No. +127(95), 6-19-1995; Ord. +No. +142(96), 1-16-1996) +.PP +\f[B]State Law reference\f[R]\[em] Public competitive bidding, 61 O.S. +§ 101 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required" -A "\c" \ + -- "Sec 7-205 When Bidding Not Required" +\& +.LP +The following may be purchased without giving an opportunity for +competitive bidding: +.IP " 1." 5 +Supplies, materials, equipment or contractual services where cost does +not exceed $100,000.00 in a single transaction or construction +management trade contracts or subcontracts not exceeding $50,000.00; +.IP " 2." 5 +Supplies, materials, equipment or contractual services which can be +furnished only by a single dealer, or which have a uniform price +wherever bought. +Computer software purchases may be purchased without competitive bidding +as a sole source purchase upon verification of any of the following +conditions are present and verified in writing prior to any purchase.\ +.RS 5 +.IP " 1." 4 +Only a single vendor offers a software program that meets the City\[aq]s +needs and requirements; +.IP " 2." 4 +Only a single vendor offers a software program that is compatible with +an existing interface and/or system in use by the City of Moore. +.br +.RE +.IP " 3." 5 +Supplies, materials, equipment or contractual services purchased from +another unit of government at a price deemed below that obtainable from +private dealers, including war surplus, or purchased at auction at a +price deemed below that obtainable elsewhere; +.IP " 4." 5 +Equipment to replace existing equipment which has become inoperable when +the council declares the purchase an emergency; +.IP " 5." 5 +Contractual services (gas, electricity, telephone service, and the like) +purchased from a public utility at a price or rate determined by the +state corporation commission or other government authority; +.IP " 6." 5 +Supplies, materials, equipment or contractual services when purchased at +a price not exceeding a price set therefor by the state purchasing +agency, the Federal Purchasing Agency known as the United States General +Services Administration (GSA), or any other state or federal agency +authorized to regulate prices for things purchased by the state or +United States (whether such price is determined by a contract negotiated +with a vendor or otherwise); Department of Corrections (DOC) products; +.IP " 7." 5 +Contractual services of a professional nature, such as engineering, +architectural, medical and legal services; +.IP " 8." 5 +Supplies, materials or equipment purchased from a vendor or another +state governmental entity, at a price not exceeding a price established +under the competitive bidding process undertaken by the governmental +entity, such as a county or city government, provided that the +competitive bid was a valid competitive bid, was submitted to more than +three vendors, and no more than six months have passed since the receipt +of the bids or proposals by the governmental entity. +Proof of the above shall be presented to council with any request for an +exception under this section; +.IP " 9." 5 +Public construction contracts not exceeding the amount established by +state law, awarded by the city for the purpose of making any public +improvements or constructing any public building or making repairs to or +performing maintenance on the same. +Public improvement as used in the previous sentence shall mean any +beneficial or valuable change or addition, betterment, enhancement or +amelioration of or upon any real property, or interest therein, +belonging to a public agency, intended to enhance its value, beauty or +utility or to adapt it to new or further purposes. +The term \[dq]public improvement\[dq] does not include the direct +purchase of materials, equipment or supplies by a public agency or any +personal property as defined in 62 O.S. +§ 430.1(B); or +.IP " 10." 5 +Material or equipment needing repair when covered by a policy of +insurance where the repair does not exceed $100,000.00.\ +.IP " 11." 5 +Supplies, materials or equipment purchased from a vendor known as a +national or regional bidding cooperative at a price established under a +competitive bidding process undertaken by the bidding cooperative. +.br +.pdfhref M "icepastediv" +.IP " 1." 4 +Supplies, materials or equipment purchased from a vendor known as a +national regional bidding cooperative at a price established under a +competitive bidding process undertaken by the bidding cooperative. +.br +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_986%20(21).pdf" -A "\c" \ + -- "986(21)" +\& on 9/20/2021 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ + -- "991(21)" +\& on 10/18/2021 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_999(21).pdf" -A "\c" \ + -- "999(21)" +\& on 1/18/2022 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1001.22.pdf" -A "\c" \ + -- "1001.22" +\& on 2/7/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases" -A "\c" \ + -- "Sec 7-206 Emergency Purchases" +\& +.IP " 1." 4 +An emergency condition is a situation which creates a threat to public +health, welfare or safety, such as may arise by reason of floods, +epidemics, riots, equipment failures, or such other reason as may be +proclaimed by the city manager. +The existence of such condition creates an immediate and serious need +for supplies, services or construction that cannot be met through normal +procurement methods and the lack of which would seriously threaten: +.RS 4 +.IP " 1." 4 +The function of the city government; +.IP " 2." 4 +The preservation or protection of property; or +.IP " 3." 4 +The health or safety of any persons. +.RE +.IP " 2." 4 +The city manager may make emergency procurements in accordance with the +purchasing policies when an emergency condition arises and the need +cannot be met through normal procurement methods. +.LP +(Code 1999, § 7-206; Ord. +No. +95(94), 9-19-1994; Ord. +No. +127(95), 6-19-1995; Ord. +No. +142(96), 1-16-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding" -A "\c" \ + -- "Sec 7-207 Disposition Of Surplus Or Obsolete Materials, Bidding" +\& +.LP +Surplus or obsolete supplies, materials or equipment of a value of more +than $1000.00 may not be sold until the council shall have declared them +surplus or obsolete. +Before the city manager disposes of any surplus or obsolete supplies, +materials or equipment, except as otherwise provided in this chapter, he +shall advertise them for sale in a newspaper of general circulation in +the city or give notice in such other manner as he deems necessary +adequately to reach prospective buyers to give them opportunity to make +bids. +All bids shall be sealed and shall be opened in public at a designated +time and place, except when the sale is by auction. +The city manager may repeatedly reject all bids and advertise or give +notice again. +He may sell such supplies, materials or equipment only to the highest +responsible bidder for cash. +In case of a tie, he may sell to either of the bidders tying, or may +divide the sale among two or more tying, always selling to the highest +responsible bidders for cash. +.PP +(Prior Code, § 2-231; Code 1999, § 7-207; Ord. +No. +63(93), 10-18-1993) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf" -A "\c" \ + -- "1024.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required" -A "\c" \ + -- "Sec 7-208 When Competitive Bidding Not Required" +\& +.LP +The city manager may dispose of the following without giving an +opportunity for competitively bidding: +.IP " 1." 4 +Surplus or obsolete supplies, materials or equipment whose total value +does not exceed $1000.00 in a single transaction; +.IP " 2." 4 +Supplies, materials or equipment when sold at a price at least as great +as that paid by the city for the same; or +.IP " 3." 4 +When any surplus or obsolete supplies, materials or equipment has a +value in excess of $1000.00 and the city council in its discretion and +upon such terms, conditions and for such consideration as it deems +advisable may lease, loan, sell or donate said surplus material or +equipment which it has declared obsolete to any not-for-profit +corporation as defined in 18 O.S., other governmental agencies, +political subdivisions, charitable groups or organizations, boards of +education for any vocational and technical schools or area school +district, and any legitimate organization as determined by the council +to be in need of said surplus or obsolete supplies, materials or +equipment. +.LP +(Prior Code, § 2-232; Code 1999, § 7-208; Ord. +No. +353(02), 4-1-2002) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf" -A "\c" \ + -- "1024.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property" -A "\c" \ + -- "Sec 7-209 Sale Of Property" +\& +.IP " 1." 4 +The real property described as Lots 2 and 3, Oldtowne Industrial +Addition, being a part of the NE/4, Section 14, T10N, R3W, I.M., Moore, +Cleveland County, Oklahoma, also known as 1000 and 1004 Messenger Lane +owned by the City of Moore free and clear of all liens and encumbrances +shall be sold to the best and most responsible bidder as determined by +the city council through advertising and receipt of sealed bids. +The city council reserves the right to reject all bids and rebid the +sale at a later date. +.IP " 2." 4 +This chapter shall be referred to a vote of the electors of the city if +a legal and sufficient referendum petition is properly filed within 30 +days after its passage; otherwise it shall go into effect 30 days after +its passage and publication. +.LP +(Code 1999, § 7-211) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325179_Ordinance%20No.%20783%20(14).pdf" -A "\c" \ + -- "783(14)" +\& on 11/3/2014 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property" -A "\c" \ + -- "Sec 7-210 Sale Of Property" +\& +.IP " 1." 4 +The personal property described as 130 guns previously declared as +surplus, owned by the City of Moore shall be sold to the best and most +responsible bidder as determined by the city council through advertising +and receipt of sealed bids. +The City Council reserves the right to reject all bids and rebid the +sale at a later date. +.IP " 2." 4 +This chapter shall be referred to a vote of the electors of the city if +a legal and sufficient referendum petition is properly filed within 30 +days after its passage; otherwise it shall go into effect 30 days after +its passage and publication. +.br +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796757_ordinance%20981.21.pdf" -A "\c" \ + -- "981(21)" +\& on 7/19/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX" -A "\c" \ + -- "CHAPTER 7-3 SALES TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX" -A "\c" \ + -- "ARTICLE 7-3A GENERAL SALES TAX" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] State sales tax, 68 O.S. +§ 1350 et seq.; municipal sales taxes, 68 O.S. +§ 2701 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX" -A "\c" \ + -- "ARTICLE 7-3A GENERAL SALES TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter" -A "\c" \ + -- "Sec 7-301 Citation Of Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions" -A "\c" \ + -- "Sec 7-302 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers" -A "\c" \ + -- "Sec 7-303 Classification Of Taxpayers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits" -A "\c" \ + -- "Sec 7-304 Subsisting State Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds" -A "\c" \ + -- "Sec 7-305 Purpose Of Revenues; Disposition Of Proceeds" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax" -A "\c" \ + -- "Sec 7-306 Tax Rate; Sales Subject To Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax" -A "\c" \ + -- "Sec 7-307 Exemptions, Sales Subject To Other Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable" -A "\c" \ + -- "Sec 7-308 Tax Due And Payable" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets" -A "\c" \ + -- "Sec 7-309 Payment Of Tax; Brackets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim" -A "\c" \ + -- "Sec 7-310 Tax Constitutes Prior Claim" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax" -A "\c" \ + -- "Sec 7-311 Vendor\[aq]s Duty To Collect Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts" -A "\c" \ + -- "Sec 7-312 Returns And Remittances; Discounts" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture" -A "\c" \ + -- "Sec 7-313 Interest And Penalties; Delinquency; Discount Forfeiture" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties" -A "\c" \ + -- "Sec 7-314 Waiver Of Interest And Penalties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund" -A "\c" \ + -- "Sec 7-315 Erroneous Payments; Claim For Refund" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties" -A "\c" \ + -- "Sec 7-316 Failure To File, Fraudulent Returns; Penalties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential" -A "\c" \ + -- "Sec 7-317 Tax Records Confidential" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-318 Provisions Cumulative" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter" -A "\c" \ + -- "Sec 7-319 Amendments To Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-320 Additional 0.50 Percent Sales Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-321 Additional 0.25 Percent Sales Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-322 Additional 0.1250 Percent Sales Tax" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter" -A "\c" \ + -- "Sec 7-301 Citation Of Chapter" +\& +.LP +This chapter shall be known and may be cited as the \[dq]City Sales Tax +Ordinance.\[dq] +.PP +(Prior Code, § 21-16; Code 1999, § 7-301) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions" -A "\c" \ + -- "Sec 7-302 Definitions" +\& +.LP +The definitions of words, terms and phrases contained in 68 O.S. +§ 1352 are hereby adopted by reference and made a part of this chapter. +In addition thereto, the following words, terms and phrases, when used +in this chapter, shall have the meanings ascribed to them in this +section, except where the context clearly indicates a different meaning: +.PP +\f[I]Tax collector\f[R] means the department of the city or the official +agency of the state duly designated according to law or contract +authorized by law to administer the collection of the tax herein levied. +.PP +(Prior Code, § 21-18, in part; Code 1999, § 7-302) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers" -A "\c" \ + -- "Sec 7-303 Classification Of Taxpayers" +\& +.LP +For the purpose of this chapter, the classification of taxpayers +hereunder shall be as prescribed by state law for purposes of the state +sales tax code (68 O.S. +§ 1350 et seq.). +.PP +(Prior Code, § 21-28; Code 1999, § 7-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits" -A "\c" \ + -- "Sec 7-304 Subsisting State Permits" +\& +.LP +All valid and subsisting permits to do business issued by the state tax +commission pursuant to the state sales tax code (68 O.S. +§ 1350 et seq.) +are, for the purpose of this chapter, hereby ratified, confirmed and +adopted in lieu of any requirement for an additional city permit for the +same purpose. +.PP +(Prior Code, § 21-19; Code 1999, § 7-304) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds" -A "\c" \ + -- "Sec 7-305 Purpose Of Revenues; Disposition Of Proceeds" +\& +.IP " 1." 4 +It is hereby declared to be the purpose of the revenues generated by the +first and second cent sales taxes levied herein to provide revenues for +the support of the functions of the municipal government of the city. +.IP " 2." 4 +It is hereby declared to be the purpose of the revenues levied by the +one cent sales tax levied by Ordinance No. +331 to provide revenues for the making of capital improvements to +physical properties of the city; paying the costs and expenses of +general and special purposes of the municipal government of the city; +improving the sanitary sewer system throughout the city; and the payment +of the principal of, and interest on, indebtedness incurred by the city +or any duly constituted authority thereof. +.LP +(Prior Code, § 21-20; Code 1999, § 7-305) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax" -A "\c" \ + -- "Sec 7-306 Tax Rate; Sales Subject To Tax" +\& +.LP +There is hereby levied an excise tax of three percent upon the gross +proceeds or gross receipts derived from all sales taxable under the +state sales tax code (68 O.S. +§ 1350 et seq.). +.PP +(Prior Code, § 21-21; Code 1999, § 7-306; Ord. +No. +595(07), 7-16-2007; Ord. +No. +677(10), 8-16-2010) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601322944_Ordinance%20No.%20725%20(12).pdf" -A "\c" \ + -- "725(12)" +\& on 8/20/2012 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax" -A "\c" \ + -- "Sec 7-307 Exemptions, Sales Subject To Other Tax" +\& +.LP +There is hereby specifically exempted from the tax levied by this +chapter the gross receipts or gross proceeds exempted from the state +sales tax code. +.PP +(Prior Code, § 21-22, in part; Code 1999, § 7-307) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable" -A "\c" \ + -- "Sec 7-308 Tax Due And Payable" +\& +.LP +The tax levied under this chapter shall be due and payable at the time +and in the manner and form prescribed for payment of the state sales tax +under the sales tax law of the state. +.PP +(Prior Code, § 21-25; Code 1999, § 7-313) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets" -A "\c" \ + -- "Sec 7-309 Payment Of Tax; Brackets" +\& +.IP " 1." 4 +The tax herein levied shall be paid to the tax collector at the time in +form and manner provided for payment of state sales tax under the sales +tax law of the state. +.IP " 2." 4 +The bracket system for the collection of the city sales tax by the tax +collector shall be as the same is hereafter adopted by the agreement of +the city and the tax collector, in the collection of both the city sales +tax and the state sales tax. +.LP +(Prior Code, § 21-26; Code 1999, § 7-314) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim" -A "\c" \ + -- "Sec 7-310 Tax Constitutes Prior Claim" +\& +.LP +Taxes, penalty and interest due hereunder shall at all times constitute +a prior, superior and paramount claim as against the claims of unsecured +creditors and may be collected by suit as any other debt. +.PP +(Prior Code, § 21-27; Code 1999, § 7-315) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax" -A "\c" \ + -- "Sec 7-311 Vendor\[aq]s Duty To Collect Tax" +\& +.IP " 1." 4 +The tax levied hereunder shall be paid by the consumer or user to the +vendor; and each and every vendor shall collect from the consumer or +user the full amount of the tax levied, or an amount equal as nearly as +possible or practicable to the average equivalent thereof. +.IP " 2." 4 +Vendors shall add the tax imposed hereunder, or the average equivalent +thereof, to the sales price or charge; and, when added, such tax shall +constitute a part of such price or charge, shall be a debt from the +consumer or user to the vendor until paid, and shall be recoverable at +law in the same manner as other debts. +.IP " 3." 4 +No vendor shall willfully or intentionally fail, neglect or refuse to +collect the full amount of the tax levied; or willfully or intentionally +fail, neglect or refuse to comply with the provisions of this chapter; +or remit or rebate to a consumer or user, either directly or indirectly, +and by whatsoever means, all or any part of the tax herein levied; or +make in any form of advertising, verbally or otherwise, any statement +which infers that he is absorbing the tax, or paying the tax for the +consumer or user by an adjustment of prices or at a price including the +tax, or in any manner whatsoever. +.LP +(Prior Code, § 21-28; Code 1999, § 7-316) +.PP +\f[B]State Law reference\f[R]\[em] Vendor\[aq]s duty to collect tax, 68 +O.S. +§ 1310. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts" -A "\c" \ + -- "Sec 7-312 Returns And Remittances; Discounts" +\& +.LP +Returns and remittances of the tax herein levied and collected shall be +made to the tax collector at the time and in the manner, form and amount +as prescribed for returns and remittances required by the state sales +tax code; and remittances of tax collected hereunder shall be subject to +the same discount as may be allowed by the code for collection of state +sales taxes. +.PP +(Prior Code, § 21-30; Code 1999, § 7-317) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture" -A "\c" \ + -- "Sec 7-313 Interest And Penalties; Delinquency; Discount Forfeiture" +\& +.IP " 1." 4 +68 O.S. +§ 217 is adopted and made a part of this chapter. +.IP " 2." 4 +Interest and penalties at the rates and in amounts specified in the +state statute cited in subsection (A) of this section are hereby levied +and shall be applicable in cases of delinquency in reporting and paying +the tax levied by this chapter. +.IP " 3." 4 +The failure or refusal of any taxpayer to make and transmit the reports +and remittances of tax in the time and manner required by this chapter +shall cause such tax to be delinquent. +.IP " 4." 4 +If such delinquency continues for a period of five days, the taxpayer +shall forfeit his claim to any discount allowed under this chapter. +.LP +(Prior Code, § 21-31; Code 1999, § 7-318) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties" -A "\c" \ + -- "Sec 7-314 Waiver Of Interest And Penalties" +\& +.IP " 1." 4 +The interest or penalty or any portion thereof accruing by reason of a +taxpayer\[aq]s failure to pay the city tax herein levied may be waived +or remitted in the same manner as provided for the waiver or remittance +as applied in administration of the state sales tax provided in 68 O.S. +§ 220. +.IP " 2." 4 +To accomplish the purposes of this section, the applicable provisions of +68 O.S. +§ 220 are adopted by reference and made a part of this chapter. +.LP +(Prior Code, § 21-32; Code 1999, § 7-319) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund" -A "\c" \ + -- "Sec 7-315 Erroneous Payments; Claim For Refund" +\& +.IP " 1." 4 +Refund or erroneous payment of the city sales tax herein levied may be +made to any taxpayer making such erroneous payment in the same manner +and procedure, and under the same limitations of time, as provided for +administration of the state sales tax as set forth in 68 O.S. +§ 227. +.IP " 2." 4 +To accomplish the purposes of this section, the applicable provisions of +68 O.S. +§ 227 are adopted by reference and made a part of this chapter. +.LP +(Prior Code, § 21-33; Code 1999, § 7-320) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties" -A "\c" \ + -- "Sec 7-316 Failure To File, Fraudulent Returns; Penalties" +\& +.IP " 1." 4 +No person shall: +.RS 4 +.IP " 1." 4 +Intentionally fail or refuse to make tax reports and remittances as +required under this chapter; or +.IP " 2." 4 +Intentionally make false and fraudulent tax reports for the purpose of +avoiding or escaping payment of any tax or portion thereof due under +this chapter. +.RE +.IP " 2." 4 +Any person required to collect and remit sales tax pursuant to the state +sales tax code or this Code, and engaging in any of the callings, +trades, avocations, professions, businesses or occupations for which a +license is required by the city, and applying for such license, must +submit proof as a condition precedent to issuing such license of a valid +sales tax permit number issued by the state. +.IP " 3." 4 +Any license issued by the city to any person engaging in any of the +callings, trades, avocations, businesses, professions or occupations for +which a license is required by this Code may be suspended or revoked for +failure to maintain a lawful sales tax license or collect and remit +sales tax if and as required by the state sales tax code or this Code. +.IP " 4." 4 +In addition to all civil penalties provided by this chapter, any +violation of this section shall subject the offending taxpayer to the +penalty set forth in section 1-108. +Each day of such violation shall be considered a separate offense and +charged separately. +.LP +(Prior Code, § 21-34; Code 1999, § 7-321; Ord. +No. +416, 11-3-1986) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential" -A "\c" \ + -- "Sec 7-317 Tax Records Confidential" +\& +.LP +The confidential and privileged nature of the records and files +concerning the administration of the city sales tax is legislatively +recognized and declared; and to protect the same the provisions of 68 +O.S. +§ 205, and all subsections thereof, are hereby adopted by reference and +made fully effective and applicable to administration of the city sales +tax as if here set forth in full. +.PP +(Prior Code, § 21-35; Code 1999, § 7-322) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-318 Provisions Cumulative" +\& +.LP +The provisions of this chapter shall be cumulative and in addition to +any and all other taxing provisions of city ordinances. +.PP +(Prior Code, § 21-37; Code 1999, § 7-323) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter" -A "\c" \ + -- "Sec 7-319 Amendments To Chapter" +\& +.LP +The council, by ordinance duly enacted, is authorized to make such +administrative and technical changes or additions in the method and +manner of administration and enforcing this chapter as may be necessary +or proper for efficiency and fairness, except that the rate of the tax +herein provided shall not be changed without approval of the qualified +electors of the city as provided by law. +.PP +(Prior Code, § 21-36; Code 1999, § 7-324) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-320 Additional 0.50 Percent Sales Tax" +\& +.IP " 1." 4 +\f[I]Definitions\f[R]. +The definitions of words, terms, and phrases contained in the state +sales tax code (68 O.S. +§ 1350 et seq.), as amended from time to time (hereinafter referred to +as the \[dq]state sales tax code\[dq]) are hereby adopted by reference +and made a part of this section. +.IP " 2." 4 +\f[I]Effective date and date of termination\f[R]. +Subject to approval of a majority of the registered voters of the City +of Moore, Oklahoma, voting on same as prescribed by law, to be held on +November 6, 2018, the ordinance shall commence and be effective April 1, +2019, provided, that such extension of the existing sales tax shall be +limited to a duration of four years and shall terminate March 31, 2023. +.IP " 3." 4 +\f[I]Purpose of revenues\f[R]. +The City of Moore, Oklahoma sales tax ordinance, the same being +Ordinance No. +60, as amended by Ordinance No. +331(83), as amended by Ordinance No. +470(88), as amended by Ordinance No. +551(06), as amended by Ordinance No. +677(10), as amended by Ordinance No. +780(14) (collectively referred to as the \[dq]sales tax ordinance\[dq]), +is hereby amended by adding the following language to said sales tax +ordinance, for the following purpose: +.RS 4 +.IP " 1." 4 +\f[I]Purpose of extension of existing 0.50 percent sales tax\f[R]. +It is hereby declared that the extension of the existing 0.50 percent +sales tax levied by this section shall be in addition to the other sales +tax levied by said sales tax ordinance as may be hereafter amended from +time to time, and the proceeds of such sales tax, or proceeds of +borrowings by the city or a public trust of which the city is +beneficiary payable from the sales tax, shall be expended on capital +improvements, as determined by the city council, including, to the +extent legal and practical, the following projects: +.RS 4 +.IP " 1." 4 +\f[I]Residential street and residential collector street repair\f[R]. +Seventy percent of the proceeds of such sales tax shall be used for +residential street and residential collector street repair, including, +but not limited to, construction, repair and/or maintenance of streets, +and the construction and/or repair of sidewalks, curbs, drainage and +utility lines pertaining to same; +.IP " 2." 4 +\f[I]Public safety machinery and/or equipment\f[R]. +Twenty percent of the proceeds of such sales tax shall be used for +expenditures for public safety involving fire, police and emergency +management, including, but not limited to, the purchase of public safety +machinery and/or equipment; and +.IP " 3." 4 +\f[I]Public safety operations\f[R]. +Ten percent of the proceeds of such sales tax shall be used for +expenditures for public safety operations involving fire, police and +emergency management including, but not limited to, training, new +positions and salary increases for existing personnel. +.RE +.RE +.IP " 4." 4 +\f[I]Levy of Tax\[em]This Tax In addition; Administration Procedures; +Exemptions.\f[R] There is hereby levied an excise tax of 0.50 percent +upon the gross proceeds or gross receipts derived from all sales taxable +under the state sales tax code, as set out therein. +There is hereby specifically exempted from the tax levied by this +section the gross receipts or gross proceeds exempted from the state +sales tax code, as set out therein. +.IP " 5." 4 +\f[I]Total effective excise tax\f[R]. +The rate of tax set forth in the sales tax ordinance of the City of +Moore, Oklahoma, is hereby maintained at 3.75 percent. +.IP " 6." 4 +\f[I]Amendments\f[R]. +The people of the city, by their approval of this section at the +election hereinabove provided, hereby authorize the city council by +ordinance duly enacted to make such administrative and technical changes +or additions in the method and manner of administration and enforcing +this section as may be necessary or proper for efficiency and fairness, +except that the rate and limitation of time for collection of the tax +herein provided shall not be changed without approval of the registered +voters of the city as provided by law. +.IP " 7." 4 +\f[I]Provisions severable\f[R]. +The provisions hereof are hereby declared to be severable, and if any +section, paragraph, sentence or clause of this section is for any reason +held invalid or inoperative by any court of competent jurisdiction, such +decision shall not affect any other section, paragraph, sentence or +clause hereof. +.IP " 8." 4 +\f[I]Provisions cumulative\f[R]. +The provisions hereof shall be cumulative, and in addition to any and +all other taxing provisions of the sales tax ordinance. +.IP " 9." 4 +\f[I]Incorporation of section\f[R]. +The provisions of this section shall be included and incorporated in the +sales tax ordinance of the city, as an addition or amendment thereto, +and shall be appropriately renumbered to conform to the uniform +numbering system of this Code. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325125_Ordinance%20No.%20780%20(14).pdf" -A "\c" \ + -- "780(14)" +\& on 8/18/2014 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346079_Ordinance%20No.%20888%20(18).pdf" -A "\c" \ + -- "888(18)" +\& on 8/6/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-321 Additional 0.25 Percent Sales Tax" +\& +.IP " 1." 4 +\f[I]Definitions\f[R]. +The definitions of words, terms, and phrases contained in the state +sales tax code (68 O.S. +§ 1350 et seq.), as amended from time to time (hereinafter referred to +as the \[dq]state sales tax code\[dq]), are hereby adopted by reference +and made a part of this section. +.IP " 2." 4 +\f[I]Effective date and date of termination\f[R]. +Subject to approval of a majority of the registered voters of the city, +voting on same as prescribed by law, to be held on November 3, 2020 this +section shall commence and be effective April 1, 2021, provided that +such additional sales tax shall be limited to a duration of four years +and shall terminate March 31, 2025. +.IP " 3." 4 +\f[I]Purpose of revenues\f[R]. +It is hereby declared that the extension of the existing 0.25 percent +sales tax levied by this section shall be in addition to the other sales +tax levied by said sales tax ordinance as may be hereafter amended from +time to time, and the proceeds of such sales tax, or proceeds of +borrowings by the city or a public trust of which the city is +beneficiary payable from the sales tax, shall be expended on capital +improvements involving (i) the acquisition, construction, equipping +and/or remodeling of existing Parks and Recreation facilities; and (ii) +The Moore Public Works Authority, as determined by the City Council. +.br +.IP " 4." 4 +\f[I]Levy of tax; this tax in addition; administration procedures; +exemptions\f[R]. +There is hereby levied an excise tax of 0.25 percent upon the gross +proceeds or gross receipts derived from all sales taxable under the +state sales tax code, as set out therein. +There is hereby specifically exempted from the tax levied by this +section the gross receipts or gross proceeds exempted from the state +sales tax code, as set out therein. +.IP " 5." 4 +\f[I]Total effective excise tax\f[R]. +The rate of tax set forth in the sales tax ordinance of the city is +hereby maintained at 3.75 percent. +.IP " 6." 4 +\f[I]Amendments\f[R]. +The people of the city, by their approval of this section at the +election hereinabove provided, hereby authorize the city council by +ordinance duly enacted to make such administrative and technical changes +or additions in the method and manner of administration and enforcing +this section as may be necessary or proper for efficiency and fairness, +except that the rate and limitation of time for collection of the tax +herein provided shall not be changed without approval of the registered +voters of the City as provided by law. +.IP " 7." 4 +\f[I]Provisions cumulative\f[R]. +The provisions hereof shall be cumulative, and in addition to any and +all other taxing provisions of the sales tax ordinance. +.IP " 8." 4 +\f[I]Incorporation of section\f[R]. +The provisions of this section shall be included and incorporated in the +sales tax ordinance of the city, as an addition or amendment thereto, +and shall be appropriately renumbered to conform to the uniform +numbering system of this Code. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328364_Ordinance%20No.%20829%20(16).pdf" -A "\c" \ + -- "829(16)" +\& on 8/1/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350502_949%20(20).pdf" -A "\c" \ + -- "949(20)" +\& on 8/3/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_961(21).pdf" -A "\c" \ + -- "961(21)" +\& on 2/1/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax" -A "\c" \ + -- "Sec 7-322 Additional 0.1250 Percent Sales Tax" +\& +.IP " 1." 4 +\f[I]Definitions\f[R]. +The definitions of words, terms, and phrases contained in the Oklahoma +Sales Tax Code; Title 68, Oklahoma Statutes 2011, Section 1350 et seq., +as amended from time to time (hereinafter referred to as the +\[dq]Oklahoma Sales Tax Code\[dq]) are hereby adopted by reference and +made a part of this section. +.IP " 2." 4 +\f[I]Effective date and date of termination\f[R]. +Subject to approval of a majority of the registered voters of the City +of Moore, Oklahoma, voting on same as prescribed by law, to be held on +November 12, 2019, the ordinance shall commence and be effective April +1, 2020. +.IP " 3." 4 +\f[I]Purpose of revenues\f[R]. +The City of Moore, Oklahoma Sales Tax Ordinance, the same being +Ordinance No. +60, as amended by Ordinance No. +331(83), as amended by Ordinance No. +470(88), as amended by Ordinance No. +551(06), as amended by Ordinance No. +677(10), as amended by Ordinance No. +725(12), as amended by Ordinance No. +780(14), as amended by Ordinance No. +829(16), as amended by Ordinance No. +888(18) (collectively referred to as the \[dq]sales tax ordinance\[dq]), +is hereby amended by adding the following language to said sales tax +ordinance, for the following purpose: +.RS 4 +.IP " 1." 4 +\f[I]Purpose of additional one-eighth of one percent sales tax\f[R]. +It is hereby declared that the additional one-eighth of one percent +(0.1250%) sales tax levied by said sales tax ordinance shall be in +addition to the other sales tax levied by said sales tax ordinance as +may be hereafter amended from time to time, and the proceeds of such +sales tax, or proceeds of borrowings by the city or a public trust of +which the city is beneficiary payable from the sales tax, shall be +expended on capital improvements and regulatory requirements, as +determined by the city council, including, to the extent legal and +practical, the following projects: +.RS 4 +.IP " 1." 4 +Water system improvements, including, but not limited to, water line +replacement, leak detection and modeling technology and upgrading city +water wells, storm water systems and management, and drainage +improvements. +.RE +.RE +.IP " 4." 4 +\f[I]Levy of Tax\[em]This Tax In addition; Administration Procedures; +Exemptions\f[R]. +There is hereby levied an excise tax of one-eighth of one percent upon +the gross proceeds or gross receipts derived from all sales taxable +under the Oklahoma Sales Tax Code, as set out therein. +There is hereby specifically exempted from the tax levied by this +section the gross receipts or gross proceeds exempted from the Oklahoma +Sales Tax Code, as set out therein. +.IP " 5." 4 +\f[I]Total effective excise tax\f[R]. +The rate of tax set forth in the sales tax ordinance of the City of +Moore, Oklahoma, is hereby increased to three and seven-eighths percent. +.IP " 6." 4 +\f[I]Amendments\f[R]. +The people of the City of Moore, Oklahoma, by their approval of this +section at the election hereinabove provided, hereby authorize the city +council by ordinance duly enacted to make such administrative and +technical changes or additions in the method and manner of +administration and enforcing this section as may be necessary or proper +for efficiency and fairness except that the rate and limitation of time +for collection of the tax herein provided shall not be changed without +approval of the registered voters of the city as provided by law. +.IP " 7." 4 +\f[I]Provisions severable\f[R]. +The provisions hereof are hereby declared to be severable, and if any +section, paragraph, sentence or clause of this section is for any reason +held invalid or inoperative by any court of competent jurisdiction, such +decision shall not affect any other section, paragraph, sentence or +clause hereof. +.IP " 8." 4 +\f[I]Provisions cumulative\f[R]. +The provisions hereof shall be cumulative, and in addition to any and +all other taxing provisions of the sales tax ordinance. +.IP " 9." 4 +\f[I]Incorporation of section\f[R]. +The provisions of this section shall be included and incorporated in the +sales tax ordinance of the city, as an addition or amendment thereto, +and shall be appropriately renumbered to conform to the uniform +numbering system of this Code. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288112_Ordinance%20922(19).pdf" -A "\c" \ + -- "922(19)" +\& on 9/3/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX" -A "\c" \ + -- "CHAPTER 7-4 USE TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification" -A "\c" \ + -- "Sec 7-401 Citation And Codification" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions" -A "\c" \ + -- "Sec 7-402 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied" -A "\c" \ + -- "Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, Personal Property Levied" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues" -A "\c" \ + -- "Sec 7-404 Purpose Of Revenues" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions" -A "\c" \ + -- "Sec 7-405 Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment" -A "\c" \ + -- "Sec 7-406 Time When Due, Returns, Payment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt" -A "\c" \ + -- "Sec 7-407 Tax Constitutes Debt" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System" -A "\c" \ + -- "Sec 7-408 Bracket System" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor" -A "\c" \ + -- "Sec 7-409 Collection Of Tax By Retailer Or Vendor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits" -A "\c" \ + -- "Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A Place Of Business Within State Or Both Within And Without State, Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits" -A "\c" \ + -- "Sec 7-411 Revoking Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States" -A "\c" \ + -- "Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other States" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency" -A "\c" \ + -- "Sec 7-413 Interest And Penalties, Delinquency" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties" -A "\c" \ + -- "Sec 7-414 Waiver Of Interest And Penalties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund" -A "\c" \ + -- "Sec 7-415 Erroneous Payments, Claim For Refund" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns" -A "\c" \ + -- "Sec 7-416 Fraudulent Returns" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential" -A "\c" \ + -- "Sec 7-417 Records Confidential" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers" -A "\c" \ + -- "Sec 7-418 Classification Of Taxpayers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits" -A "\c" \ + -- "Sec 7-419 Subsisting State Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-420 Provisions Cumulative" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] State use tax, 68 O.S. +§ 1401 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification" -A "\c" \ + -- "Sec 7-401 Citation And Codification" +\& +.LP +This chapter shall be known and may be cited as the \[dq]City of Moore +Use Tax.\[dq] +.PP +(Code 1999, § 7-401; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions" -A "\c" \ + -- "Sec 7-402 Definitions" +\& +.LP +The definitions of words, terms and phrases contained in 68 O.S. +§ 1401 are hereby adopted by reference and made a part of this chapter. +In addition thereto, the following words, terms and phrases, when used +in this chapter, shall have the meanings ascribed to them in this +section, except where the context clearly indicates a different meaning: +.PP +\f[I]Tax collector\f[R] means the department of the city government or +the official agency of the state, duly designated according to law or +contract authorized by law, to administer the collection of the tax +herein levied. +.PP +\f[I]Transaction\f[R] means sale. +.PP +(Code 1999, § 7-402; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied" -A "\c" \ + -- "Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, Personal Property Levied" +\& +.LP +There is hereby levied and there shall be paid by every person storing, +using or otherwise consuming within the city tangible, personal property +purchased or brought into the city, an excise tax on the storage, use or +other consuming within the city of such property at the rate of three +percent of the purchase price of such property. +Such tax shall be paid by every person storing, using or otherwise +consuming, within the city, tangible, personal property purchased or +brought into the city. +The additional tax levied hereunder shall be paid at the time of +importation or storage of the property within the city and shall be +assessed to only property purchased outside the state, provided that the +tax levied herein shall not be levied against tangible, personal +property intended solely for use outside the city, but which is stored +in the city pending shipment outside the city or which is temporarily +retained in the city for the purpose of fabrication, repair, testing, +alteration, maintenance or other service. +Any person liable for payment of the tax authorized herein, may deduct +from such tax any local or municipal sales tax previously paid on such +goods or services, provided that the amount deducted shall not exceed +the amount that would have been due if the taxes imposed by the city had +been levied on the sale of such goods or services. +.PP +(Code 1999, § 7-403; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues" -A "\c" \ + -- "Sec 7-404 Purpose Of Revenues" +\& +.LP +It is hereby declared to be the purpose of this chapter to provide +revenues for the support of the functions of the municipal government of +the city, and any and all revenues derived hereunder may be expended by +the governing body of the city for any purpose for which funds may be +lawfully expended as authorized. +.PP +(Code 1999, § 7-404; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions" -A "\c" \ + -- "Sec 7-405 Exemptions" +\& +.LP +The provisions of this chapter shall not apply: +.IP " 1." 4 +In respect to the use of an article of tangible, personal property +brought into the city by a nonresident individual visiting in the city +for his personal use or enjoyment while within the city; +.IP " 2." 4 +In respect to the use of tangible, personal property purchased for +resale before being used; +.IP " 3." 4 +In respect to the use of any article of tangible, personal property on +which a tax, equal to or in excess of that levied by both the state use +tax code (68 O.S. +§ 1401 et seq.) +and the city use tax, has been paid by the person using such tangible, +personal property in the city, whether such tax was levied under the +laws of the state or some other state or municipality of the United +States. +If any article of tangible, personal property has already been subjected +to a tax by the state or any other state or municipality in respect to +its sale or use, in an amount less than the tax imposed by both the +state use tax code (68 O.S. +§ 1401 et seq.) +and city use tax, the provision of this chapter shall also apply to it +by a rate measured by the difference only between the rate provided by +both the state use tax code (68 O.S. +§ 1401 et seq.) +and the city use tax, and the rate by which the previous tax upon the +sale or use was computed, provided that no credit shall be given for +taxes paid in another state or municipality, if that state or +municipality does not grant like credit for taxes paid in the state and +the city; +.IP " 4." 4 +In respect to the use of machinery and equipment purchased and used by +persons establishing new manufacturing or processing plants in the city, +and machinery and equipment purchased and used by persons to the +operation of manufacturing plants already established in the city. +Provided, this exemption shall not apply unless such machinery and +equipment is incorporated into, and is directly used in, the process of +manufacturing property subject to taxation under the sales tax code of +the city. +The term \[dq]manufacturing plants\[dq] means those establishments +primarily engaged in manufacturing or processing operations, and +generally recognized as such; +.IP " 5." 4 +In respect to the use of tangible, personal property now specifically +exempted from taxation under the sales tax code of the city; +.IP " 6." 4 +In respect to the use of any article of tangible, personal property +brought into the city by an individual with intent to become a resident +of the city where such personal property is for such individual\[aq]s +personal use or enjoyment; +.IP " 7." 4 +In respect to the use of any article of tangible, personal property used +or to be used by commercial airlines or railroads; or +.IP " 8." 4 +In respect to livestock purchased outside the state and brought into the +city for feeding or breeding purposes, and which is later resold. +.LP +(Code 1999, § 7-405; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment" -A "\c" \ + -- "Sec 7-406 Time When Due, Returns, Payment" +\& +.LP +The tax levied by this chapter is due and payable at the time and in the +manner and form prescribed for payment of the state use tax under the +state use tax code (68 O.S. +§ 1401 et seq.). +.PP +(Code 1999, § 7-406; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt" -A "\c" \ + -- "Sec 7-407 Tax Constitutes Debt" +\& +.LP +Such taxes, penalty and interest due hereunder shall at all times +constitute a prior, superior and paramount claim as against the claims +of unsecured creditors, and may be collected by suit as any other debt. +.PP +(Code 1999, § 7-407; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System" -A "\c" \ + -- "Sec 7-408 Bracket System" +\& +.LP +The bracket system guidelines established by the state tax commission +for the collection of sales taxes, including any amendment of same, are +hereby adopted for convenience in collecting both the state use tax and +the city use tax. +The use of the bracket system guidelines does not relieve the retailer +or vendor from the duty and liability to remit to the tax collector an +amount equal to the applicable percentage of the purchase price of such +property as required by state law and these revised ordinances. +.PP +(Code 1999, § 7-408; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor" -A "\c" \ + -- "Sec 7-409 Collection Of Tax By Retailer Or Vendor" +\& +.LP +Every retailer or vendor maintaining places of business both within and +without the state, and making sales of tangible, personal property from +a place of business outside the state for use in the city shall at the +time of making such sales collect the use tax levied by this chapter +from the purchaser and give to the purchaser a receipt therefor in the +manner and form prescribed by the tax commission, if the tax commission +shall, by regulation, require such receipt. +Each retailer or vendor shall list with the tax commission the name and +address of all his agents operating in the city and location of any and +all distribution or sales houses or offices or other places of business +in the city. +.PP +(Code 1999, § 7-409; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits" -A "\c" \ + -- "Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A Place Of Business Within State Or Both Within And Without State, Permits" +\& +.LP +The tax commission may, in its discretion, upon application, authorize +the collection of the tax herein levied by any retailer or vendor not +maintaining a place of business within the state but who makes sales of +tangible, personal property for use in the city and by the out-of-state +place of business of any retailer or vendor maintaining places of +business both within and without the state and making sales of tangible, +personal property such out-of-state place of business for use in the +city. +Such retailer or vendor may be issued, without charge, a permit to +collect such taxes by the tax commission in such manner and subject to +such regulations and agreements as it shall prescribe. +When so authorized, it shall be the duty of such retailer or vendor to +collect the tax upon all tangible, personal property sold to his +knowledge for use within the city. +Such authority and permit may be canceled when at any time the tax +commission considers that such tax can more effectively be collected +from the person using such property in the city; provided, however, that +in all instances where such sales are made or completed by delivery to +the purchaser within the city by the retailer or vendor in such +retailer\[aq]s or vendor\[aq]s vehicle, whether owned or leased (not by +common carrier), such sales or transactions shall continue to be subject +to applicable city sales tax at the point of delivery and the tax shall +be collected and reported under the taxpayer\[aq]s sales tax permit +number accordingly. +.PP +(Code 1999, § 7-410; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits" -A "\c" \ + -- "Sec 7-411 Revoking Permits" +\& +.LP +Whenever any retailer or vendor not maintaining a place of business in +the state, or both within and without the state, and authorized to +collect the tax herein levied, fails to comply with any of the +provisions of this chapter, the state use tax code or any orders, rules +or regulations of the tax commission, the tax commission may, upon +notice and hearing as provided for in 68 O.S. +§ 1408, by order revoke the use tax permit, if any, issued to such +retailer or vendor, and if any such retailer or vendor is a corporation +authorized to do business in the state may, after notice and hearing +above provided, cancel the corporation\[aq]s license to do business in +the state and shall issue a new license only when such corporation has +complied with the obligations under this chapter, the state use tax +code, or any orders, rules or regulations of the tax commission. +.PP +(Code 1999, § 7-411; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States" -A "\c" \ + -- "Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other States" +\& +.LP +Returns and remittances of the tax herein levied and collected shall be +made to the tax commission at the time and in the manner, form and +amount as prescribed for returns and remittances required by the state +use tax code; and remittances of tax collected hereunder shall be +subject to the same discount as may be allowed by the code for the +collection of state use taxes. +.PP +(Code 1999, § 7-412; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency" -A "\c" \ + -- "Sec 7-413 Interest And Penalties, Delinquency" +\& +.LP +68 O.S. +§ 217 is hereby adopted and made a part of this chapter, and interest +and penalties at the rates and in the amounts as herein specified are +hereby levied and shall be applicable in cases of delinquency in +reporting and paying the tax levied by this chapter, provided that the +failure or refusal of any retailer or vendor to make and transmit the +reports and remittances of tax in the time and manner required by this +chapter shall cause such tax to be delinquent. +In addition, if such delinquency continues for a period of five days, +the retailer or vendor shall forfeit his claim to any discount allowed +under this chapter. +.PP +(Code 1999, § 7-413; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties" -A "\c" \ + -- "Sec 7-414 Waiver Of Interest And Penalties" +\& +.LP +The interest or penalty or any portion thereof accruing by reason of a +retailer\[aq]s or vendor\[aq]s failure to pay the city tax herein levied +may be waived or remitted in the same manner as provided for the waiver +or remittance as applied in administration of the state use tax provided +in 68 O.S. +§ 220 and to accomplish the purposes of this section the applicable +provisions of 68 O.S. +§ 220 are hereby adopted by reference and made a part of this chapter. +.PP +(Code 1999, § 7-414; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund" -A "\c" \ + -- "Sec 7-415 Erroneous Payments, Claim For Refund" +\& +.LP +Refund of erroneous payment of the city use tax herein levied may be +made to any taxpayer making such erroneous payment in the same manner +and procedure, and under the same limitations of time, as provided for +administration of the state use tax as set forth in 68 O.S. +§ 227, and to accomplish the purpose of this section, the applicable +provisions of 68 O.S. +§ 227 are hereby adopted by reference and made a part of this chapter. +.PP +(Code 1999, § 7-415; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns" -A "\c" \ + -- "Sec 7-416 Fraudulent Returns" +\& +.LP +In addition to all civil penalties provided by this chapter, the willful +failure or refusal of any taxpayer to make reports and remittances +herein required, or the making of any false and fraudulent report for +the purpose of avoiding or escaping payment of any tax or portion +thereof rightfully due under this chapter, shall be an offense, and, +upon conviction thereof, the offending taxpayer shall be punished as +provided in section 1-108. +Each day of noncompliance with this chapter shall constitute a separate +offense. +.PP +(Code 1999, § 7-416; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential" -A "\c" \ + -- "Sec 7-417 Records Confidential" +\& +.LP +The confidential and privileged nature of the records and files +concerning the administration of the city use tax is legislatively +recognized and declared, and to protect the same the provisions of 68 +O.S. +§ 205, and each subsection thereof, is hereby adopted by reference and +made fully effective and applicable to the administration of the city +use tax as is herein set forth in full. +.PP +(Code 1999, § 7-417; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers" -A "\c" \ + -- "Sec 7-418 Classification Of Taxpayers" +\& +.LP +For the purpose of this chapter, the classification of taxpayers +hereunder shall be as prescribed by state law for purposes of the state +use tax code (68 O.S. +§ 1401 et seq.). +.PP +(Code 1999, § 7-418; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits" -A "\c" \ + -- "Sec 7-419 Subsisting State Permits" +\& +.LP +All valid and subsisting permits to do business issued by the state tax +commission pursuant to the state use tax code (68 O.S. +§ 1401 et seq.) +are for the purpose of this chapter hereby ratified, confirmed and +adopted in lieu of any requirement for an additional city permit for the +same purpose. +.PP +(Code 1999, § 7-419; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-420 Provisions Cumulative" +\& +.LP +The provisions hereof shall be cumulative, and in addition to any and +all other taxing provisions of the city ordinances. +.PP +(Code 1999, § 7-420; Ord. +No. +21(92), 4-20-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX" -A "\c" \ + -- "CHAPTER 7-5 HOTEL TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation" -A "\c" \ + -- "Sec 7-501 Citation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions" -A "\c" \ + -- "Sec 7-502 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate" -A "\c" \ + -- "Sec 7-503 Tax Rate" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions" -A "\c" \ + -- "Sec 7-504 Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required" -A "\c" \ + -- "Sec 7-505 Certificate Of Exemption Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills" -A "\c" \ + -- "Sec 7-506 Operator Responsible For Collection; Tax Designated On Separate Bills" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept" -A "\c" \ + -- "Sec 7-507 Records To Be Kept" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns" -A "\c" \ + -- "Sec 7-508 Returns" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax" -A "\c" \ + -- "Sec 7-509 Payment Of Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes" -A "\c" \ + -- "Sec 7-510 Delinquent Taxes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes" -A "\c" \ + -- "Sec 7-511 Interest On Delinquent Taxes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required" -A "\c" \ + -- "Sec 7-512 Bond Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax" -A "\c" \ + -- "Sec 7-513 Assessment And Determination Of Tax" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds" -A "\c" \ + -- "Sec 7-514 Refunds" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices" -A "\c" \ + -- "Sec 7-515 Notices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive" -A "\c" \ + -- "Sec 7-516 Remedies Exclusive" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk" -A "\c" \ + -- "Sec 7-517 General Powers Of The City Clerk" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits" -A "\c" \ + -- "Sec 7-518 Collection Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds" -A "\c" \ + -- "Sec 7-519 Use Of Funds" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential" -A "\c" \ + -- "Sec 7-520 Records Confidential" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns" -A "\c" \ + -- "Sec 7-521 Fraudulent Returns" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit" -A "\c" \ + -- "Sec 7-522 Collection By Suit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments" -A "\c" \ + -- "Sec 7-523 Amendments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-524 Provisions Cumulative" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty" -A "\c" \ + -- "Sec 7-525 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation" -A "\c" \ + -- "Sec 7-501 Citation" +\& +.LP +This chapter shall be known and cited as the \[dq]City Hotel Tax.\[dq] +.PP +(Prior Code, § 21-46; Code 1999, § 7-501) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions" -A "\c" \ + -- "Sec 7-502 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Hotel\f[R] means any buildings, structures, trailers, or other +facilities in which the public may, for consideration, obtain sleeping +accommodations in which five or more rooms are used for the +accommodation of such guests whether such rooms are in one or several +structures. +The term \[dq]hotel\[dq] shall include hotels, apartment hotels, motels, +tourist homes, houses or courts, lodginghouses, inns, roominghouses, +trailer houses, trailer motels, dormitory space, where bed space is +rented to individuals or groups, apartments not occupied by permanent +residents, and all other facilities where rooms or sleeping facilities +or space are furnished for a consideration. +The term \[dq]hotel\[dq] shall not include hospitals, sanitariums or +nursing homes. +.PP +\f[I]Occupancy\f[R] means the use or possession, or the right to the use +or possession, of any room in a hotel, or the right to the use or +possession of the furnishings or to the services and accommodations +accompanying the use and possession of the room. +.PP +\f[I]Occupant\f[R] means a person who, for a consideration, uses, +possesses, or has the right to the use of possession of any room in a +hotel under the lease, concession, permit, right of access, license to +use, or other agreement. +.PP +\f[I]Operator\f[R] means any person operating a hotel in the city, +including, but not limited to, the owner, proprietor, lessee, sublessee, +mortgagee in possession, licensee or any other person otherwise +operating such hotel. +.PP +\f[I]Permanent resident\f[R] means any occupant who has or shall have +the right of occupancy of any room in a hotel for at least 30 +consecutive days during the current calendar year or preceding year. +.PP +\f[I]Rent\f[R] means the consideration received for occupancy valued in +money, whether received in money or otherwise, including all receipts, +cash, credits, and property or services of any kind or nature, and also +any amount for which credit is allowed by the operator to the occupant, +without any deductions therefrom whatsoever. +.PP +\f[I]Return\f[R] means any return filed or required to be filed as +herein provided. +.PP +\f[I]Room\f[R] means any room of any kind in any part or portion of a +hotel which is available for or let out for use or possessed for any +purpose other than a place of assembly. +As used herein, the term \[dq]place of assembly\[dq] means a room or +space which is capable of being occupied by 75 or more persons and which +is used for educational, recreational or amusement purposes and shall +include: +.IP " 1." 5 +Dance halls; +.IP " 2." 5 +Cabarets; +.IP " 3." 5 +Night clubs; +.IP " 4." 5 +Restaurants; +.IP " 5." 5 +Any room or space for public or private banquets, feasts, socials, card +parties or weddings; +.IP " 6." 5 +Lodge and meeting halls or rooms; +.IP " 7." 5 +Skating rinks; +.IP " 8." 5 +Gymnasiums; +.IP " 9." 5 +Swimming pools; +.IP " 10." 5 +Billiard, bowling and table tennis rooms; +.IP " 11." 5 +Halls or rooms used for public or private catering purposes; +.IP " 12." 5 +Funeral parlors; +.IP " 13." 5 +Markets; +.IP " 14." 5 +Recreational rooms; +.IP " 15." 5 +Concert halls; +.IP " 16." 5 +Broadcasting studios; and +.IP " 17." 5 +All other places of similar type of occupancy. +.LP +\f[I]Tax\f[R] means the tax levied pursuant to this chapter. +.PP +(Prior Code, § 21-47; Code 1999, § 7-502) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate" -A "\c" \ + -- "Sec 7-503 Tax Rate" +\& +.LP +There is hereby levied an excise tax of five percent upon the gross +proceeds or gross receipts derived from all rent received for every +occupancy of a room in a hotel or motel in the city, except that the tax +shall not be imposed where the rent is less than the rate of $3.00 per +day. +.PP +(Prior Code, § 21-48; Code 1999, § 7-503; Ord. +No. +378(02)-B, § 2, 9-3-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions" -A "\c" \ + -- "Sec 7-504 Exemptions" +\& +.LP +The following shall be exempt from the tax levied in this chapter: +.IP " 1." 4 +Permanent residents; +.IP " 2." 4 +The United States Government or any agency or division thereof; +.IP " 3." 4 +The state or any political subdivision thereof; and +.IP " 4." 4 +Any organization, corporation or association organized and operated +exclusively for religious, charitable, philanthropic or educational +purposes, provided that its primary purpose is not carrying on a trade +or business for profit. +.LP +(Prior Code, § 21-49; Code 1999, § 7-504) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required" -A "\c" \ + -- "Sec 7-505 Certificate Of Exemption Required" +\& +.LP +Every hotel claiming exemptions shall submit a monthly exemption form, +as provided by the City Clerk, with each monthly room tax report. +This exemption form shall indicate beginning and ending occupancy dates, +number of rooms, number of nights, room(s) occupied, room rate, exempted +amount, the name of the occupant seeking exemption, the exemption +organization with which they are affiliated, reason for the exemption, +and any other information required by the City Clerk. +Every exemption form shall be signed by the hotel manager or authorized +agent, so that the signature shall serve as an acknowledgement that all +information contained on the exemption form is true and correct. +Upon submission of these forms to the City, the City Clerk shall make a +final determination as to the validity of all claimed exemptions. +Should the City Clerk determine that a claimed exemption is not valid, +the hotel shall be assessed the applicable hotel tax plus applicable +interest and penalties. +The hotel claiming such exemption is liable for payment of the hotel +tax. +.PP +(Prior Code, § 21-49; Code 1999, § 7-505) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691701149_Scan2023-08-10_155659.pdf" -A "\c" \ + -- "1025.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills" -A "\c" \ + -- "Sec 7-506 Operator Responsible For Collection; Tax Designated On Separate Bills" +\& +.IP " 1." 4 +The operator shall be responsible for the collection of the tax from the +occupant and shall be liable to the city for the tax. +.IP " 2." 4 +The operator shall separately designate, charge and show the tax on all +bills, statements, receipts or any other evidence of charges or payment +of rent for occupancy issued or delivered by the operator. +.LP +(Prior Code, § 21-50; Code 1999, § 7-506) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept" -A "\c" \ + -- "Sec 7-507 Records To Be Kept" +\& +.LP +Every operator shall keep records of every occupancy and of all rent +paid, charged, or due thereon and of the tax payable thereon in such +form as the city clerk may by regulation require. +Such records shall be available for inspection and examination at any +time upon demand by the city clerk, or a duly authorized agent or +employee of the city, and shall be preserved for a period of three +years, except that the city clerk may consent to their destruction +within that period or may require that they be kept longer. +.PP +(Prior Code, § 21-50; Code 1999, § 7-507) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns" -A "\c" \ + -- "Sec 7-508 Returns" +\& +.IP " 1." 4 +Every operator shall file with the city clerk a return of occupancy and +of rents and of the taxes payable thereon on a monthly basis. +The return shall be filed no later than the tenth calendar day of the +following month for the occupancy, rents and taxes payable for the +preceding month. +.IP " 2." 4 +The city clerk may permit or require returns to be made by shorter or +longer periods and upon such dates as he may specify. +The form of return shall be prescribed by the city clerk and shall +contain such information as he may deem necessary for the proper +administration of this chapter. +The city clerk may require amended returns to be filed within 20 days +after notice and to contain the information specified in the notice. +.LP +(Prior Code, § 21-50; Code 1999, § 7-508; Ord. +No. +50(93), 3-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax" -A "\c" \ + -- "Sec 7-509 Payment Of Tax" +\& +.LP +At the time of filing a return of occupancy and of rents, each operator +shall pay to the city clerk the taxes imposed by this chapter upon the +rents included in such return, as well as all other monies collected by +the operator acting or purporting to act under the provisions of this +chapter. +All the taxes for the period for which a return is required to be filed +shall be due from the operator and payable to the city clerk on or +before the date fixed for the filing of the return for such period +without regard to whether a return is filed or whether the return which +is filed correctly shows the amount of rents and the taxes due thereon. +.PP +(Prior Code, § 21-50; Code 1999, § 7-509) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes" -A "\c" \ + -- "Sec 7-510 Delinquent Taxes" +\& +.LP +The tax levied by this chapter shall be due and payable at the time +filing of the returns provided for in this chapter is required. +All taxes not paid within five days from the time they become due shall +be delinquent. +.PP +(Prior Code, § 21-50; Code 1999, § 7-510) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes" -A "\c" \ + -- "Sec 7-511 Interest On Delinquent Taxes" +\& +.IP " 1." 4 +If any tax levied by this chapter becomes delinquent, the person +responsible and liable for such tax shall pay interest on such unpaid +tax at the rate of one percent per month on the unpaid balance from the +date of delinquency. +.IP " 2." 4 +In addition to the interest, if a return is not filed or the total +amount of taxes due remitted within 30 days of the due date as defined +in this chapter, a penalty of ten percent of the total amount of taxes +due shall be assessed. +If a return is not filed or the total amount of taxes due is not paid +after 30 days from such due date, the penalty shall increase to 25 +percent of the total amount of taxes due. +.LP +(Prior Code, § 21-50; Code 1999, § 7-511; Ord. +No. +489, 7-3-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required" -A "\c" \ + -- "Sec 7-512 Bond Required" +\& +.LP +Where the city clerk believes that any operator is about to cease +business, leave the state, or remove or dissipate assets, or for any +other similar reason he deems it necessary to protect the revenues under +this chapter, he may require such operator to file with the city a bond +issued by a surety company authorized to transact business in the state +in such amount as the city clerk may fix to secure the payment of any +tax or penalties and interest due, or which may become due from such +operator. +In the event that the city clerk determines that an operator is to file +such bond, he shall give notice to such operator specifying the amount +of bond required. +The operator shall file such bond within five days after the giving of +such notice unless within such five days the operator shall request in +writing a hearing before the city council, at which hearing the +necessary propriety and amount of the bond shall be determined by the +city council. +Such determination shall be final and shall be compiled within 15 days +thereafter. +In lieu of such bond, securities approved by the city clerk, or cash in +such amount as he may prescribe, may be deposited with the city clerk +who may, at any time after five days\[aq] notice to the depositor, apply +them to any tax or any penalties due and for that purpose the securities +may be sold at private or public sale. +.PP +(Prior Code, § 21-50; Code 1999, § 7-512) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax" -A "\c" \ + -- "Sec 7-513 Assessment And Determination Of Tax" +\& +.IP " 1." 4 +If a return required by this chapter is not filed, or if a return when +filed is incorrect or insufficient, the amount of tax due shall be +assessed by the city clerk from such information as may be obtainable +and, if necessary, the tax may be estimated on the basis of external +indices, such as: +.RS 4 +.IP " 1." 4 +Number of rooms; +.IP " 2." 4 +Location; +.IP " 3." 4 +Scale of rents; +.IP " 4." 4 +Comparable rents; +.IP " 5." 4 +Types of accommodations and services; +.IP " 6." 4 +Number of employees; or +.IP " 7." 4 +Other factors. +.RE +.IP " 2." 4 +Such assessment shall not be performed in an arbitrary or capricious +manner and in no event shall exceed the amount of tax that was due and +payable. +Written notice of such assessments shall be given to the person liable +for the collection and payment of the tax. +Such assessment shall finally and irrevocably fix and determine the tax, +unless the person against whom it is assessed, within 90 days after the +giving of notice of such assessment, shall apply in writing to the city +council for a hearing, or unless the city clerk on his own motion shall +reassess the same. +After such hearing, the city council shall give written notice of its +determination to the person against whom the tax is assessed and such +determination shall be final. +.LP +(Prior Code, § 21-50; Code 1999, § 7-513) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds" -A "\c" \ + -- "Sec 7-514 Refunds" +\& +.IP " 1." 4 +The city clerk shall refund or credit any tax erroneously or illegally +collected if written application to the city clerk for such refund shall +be made within two years from the date of payment thereof. +For like causes, and in the same period, a refund may be so made upon +the initiative and the order of the city clerk. +Whenever a refund is made, the reasons therefor shall be stated in +writing. +Such application may be made by the person upon whom such tax was +imposed and who has actually paid the tax. +Such application may also be made by the person who has collected and +paid such tax to the city clerk providing that the application is made +within two years of the payment by the occupant to the operator, but no +refund of money shall be made to the operator until he has repaid to the +occupant the amount for which the application for the refund is made. +The city clerk, in lieu of any refund required to be made, may allow +credit therefor on payments due from the applicant. +.IP " 2." 4 +Upon application for a refund, the city clerk may receive evidence with +respect thereof and make such investigation as he deems necessary. +After making a determination as to the refund, the city clerk shall give +notice thereof to the applicant. +Such determination shall be final unless the applicant, within 90 days +after such notice, shall apply in writing to the city council for a +hearing. +After such hearing the city council shall give written notice of its +decision to the applicant. +.LP +(Prior Code, § 21-50; Code 1999, § 7-514) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices" -A "\c" \ + -- "Sec 7-515 Notices" +\& +.LP +Notices provided for under this chapter shall be deemed to have been +given when such notice has been delivered personally to the operator or +deposited in the United States mail to the last-known address of the +operator. +.PP +(Prior Code, § 21-50; Code 1999, § 7-515) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive" -A "\c" \ + -- "Sec 7-516 Remedies Exclusive" +\& +.LP +The remedies provided in this chapter shall be exclusive remedies +available to any person for the review of tax liability imposed by this +chapter. +.PP +(Prior Code, § 21-50; Code 1999, § 7-516) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk" -A "\c" \ + -- "Sec 7-517 General Powers Of The City Clerk" +\& +.IP " 1." 4 +In addition to all other powers granted to the city clerk, the city +clerk is hereby authorized and empowered to: +.RS 4 +.IP " 1." 4 +Make, adopt and amend rules and regulations appropriate to the carrying +out of this chapter for the purposes thereof; +.IP " 2." 4 +Extend for cause shown the time for filing any return for a period not +exceeding 60 days; and, for cause shown, to waive, remit or reduce +penalties or interest; +.IP " 3." 4 +Delegate his functions hereunder to an assistant or other employee of +the city; +.IP " 4." 4 +Assess, reassess, determine, revise and readjust the taxes imposed by +this chapter, but not the tax rate; and +.IP " 5." 4 +Prescribe methods for determining the taxable and nontaxable rents. +.RE +.IP " 2." 4 +The city clerk, or his designated representative, shall have the power +to administer oaths and take affidavits in relation to any matter or +proceeding in the exercise of their powers and duties under this +chapter. +The city clerk shall have the power to subpoena and require the +attendance of witnesses and the production of books, papers and +documents to secure information pertinent to the performance of his +duties hereunder and of the enforcement of this chapter and to examine +them in relation thereto. +.LP +(Prior Code, § 21-50; Code 1999, § 7-517) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits" -A "\c" \ + -- "Sec 7-518 Collection Permits" +\& +.LP +Every operator shall apply with the city clerk for a collection permit +in a form prescribed by the city clerk within ten days after the +effective date of the ordinance from which this chapter is derived, or +in the case of the operator\[aq]s commencing business or opening new +hotels after such effective date, within three days after such +commencement or opening. +The city clerk shall, within five days after such application, issue, +without charge, to each operator, a collection permit empowering such +operator to collect the tax from the occupant and duplicates thereof for +each additional hotel. +Each collection permit or duplicate shall state the hotel to which it is +applicable. +Such collection permit shall be permanently displayed by the operator in +such manner that it may be seen and come to the notice of all occupants +and persons seeking occupancy. +Such collection permits shall be nonassignable and nontransferable and +shall be surrendered immediately to the city clerk upon the cessation of +business at the hotel named or upon its sale, lease, assignment or +transfer. +.PP +(Prior Code, § 21-50; Code 1999, § 7-518) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds" -A "\c" \ + -- "Sec 7-519 Use Of Funds" +\& +.LP +All taxes collected pursuant to the provisions of this chapter shall be +used for the acquisition and development of parks and recreational +facilities of the City, as well as for operational expenses and capital +outlay for repairs and maintenance of said parks and recreational +facilities of the City. +.PP +.br +.PP +(Prior Code, § 21-51; Code 1999, § 7-519) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350641_950%20(20).pdf" -A "\c" \ + -- "950(20)" +\& on 8/3/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_962(21).pdf" -A "\c" \ + -- "962(21)" +\& on 2/1/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential" -A "\c" \ + -- "Sec 7-520 Records Confidential" +\& +.LP +The confidential and privileged nature of the records and files +concerning the administration of the hotel tax is legislatively +recognized and declared, and to protect the same the provisions of 68 +O.S. +§ 205, and subsections thereof, are hereby adopted by reference and made +fully effective and applicable to the administration of the hotel tax as +if herein set forth. +.PP +(Prior Code, § 21-52; Code 1999, § 7-520) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns" -A "\c" \ + -- "Sec 7-521 Fraudulent Returns" +\& +.LP +The willful failure or refusal of any operator to make reports and +remittances herein required, or the making of any false or fraudulent +report for the purpose of avoiding or escaping payment of any tax or +portion thereof rightfully due under this chapter, shall be an offense, +and, upon conviction thereof, the offending operator shall be subject to +penalty as provided in section 1-108. +.PP +(Prior Code, § 21-53; Code 1999, § 7-521; Ord. +No. +416, 11-3-1986) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit" -A "\c" \ + -- "Sec 7-522 Collection By Suit" +\& +.LP +The taxes and interest or penalty due under this chapter shall at all +times constitute a prior, superior and paramount claim as against the +claim of unsecured creditors and may be collected by suit as any other +debt. +Any taxes which are delinquent, according to the terms of this chapter, +on or subsequent to July 5, 1989, shall be subject to these enforcement +provisions. +.PP +(Code 1999, § 7-522; Ord. +No. +489, 7-3-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments" -A "\c" \ + -- "Sec 7-523 Amendments" +\& +.LP +The people, by their approval of this chapter at the election herein +provided, hereby authorize the city council, by ordinance or resolution +duly enacted, to make such administrative and technical changes or +additions in the method and manner of administration and enforcing this +chapter as may be necessary or proper for efficiency and fairness, +except that the rate of the tax herein provided shall not be changed +without approval of the qualified electors of the city as provided by +law. +.PP +(Prior Code, § 21-54; Code 1999, § 7-523) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative" -A "\c" \ + -- "Sec 7-524 Provisions Cumulative" +\& +.LP +The provisions hereof shall be cumulative and in addition to any and all +other taxing provisions of city ordinances. +.PP +(Code 1999, § 7-524) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty" -A "\c" \ + -- "Sec 7-525 Penalty" +\& +.LP +Violations of this chapter are punishable as provided in section 1-108. +.PP +(Code 1999, § 7-525) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE" -A "\c" \ + -- "CHAPTER 7-6 TELEPHONE EXCHANGE FEE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge" -A "\c" \ + -- "Sec 7-601 Inspection Fee And Service Charge" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax" -A "\c" \ + -- "Sec 7-602 Charge In Lieu Of Other License Tax" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge" -A "\c" \ + -- "Sec 7-601 Inspection Fee And Service Charge" +\& +.IP " 1." 4 +There is hereby levied an annual inspection fee and service charge upon +each and every person operating a telephone exchange in the city to +compensate the city for the expenses incurred and services rendered +incident to the exercise of its police power, supervision, police +regulation and police control of the construction of lines and equipment +of the telephone company in the city. +.IP " 2." 4 +The amount of the inspection fee and service charge shall be an amount +equal to two percent of the gross revenues for each current year for +exchange telephone transmission service rendered wholly within the +limits of the city. +.IP " 3." 4 +The inspection fee and charge shall be due and payable to the city on or +before May 1 of each year and shall be paid into and appropriated and +expended from the general revenue fund of the city. +.LP +(Prior Code, § 6-371; Code 1999, § 7-601) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax" -A "\c" \ + -- "Sec 7-602 Charge In Lieu Of Other License Tax" +\& +.LP +During continued substantial compliance with the terms of this chapter +by the owner of any telephone exchange, the charge levied by this +chapter shall be and continue to be in lieu of all concessions, charges, +excise, franchise, license, privilege, and permit fees or taxes or +assessments, except ad valorem taxes. +This section is not intended to extinguish or abrogate any existing +arrangement whereby the city is permitted to use the underground +conduit, duct space or pole contracts of the company for the fire alarm +and police call systems of the city, or either of them. +.PP +(Prior Code, § 6-372; Code 1999, § 7-602) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX" -A "\c" \ + -- "CHAPTER 7-7 UTILITY TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX" -A "\c" \ + -- "ARTICLE 7-7A GAS UTILITY TAX" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX" -A "\c" \ + -- "ARTICLE 7-7B ELECTRIC UTILITY TAX" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX" -A "\c" \ + -- "ARTICLE 7-7A GAS UTILITY TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied" -A "\c" \ + -- "Sec 7-701 Gas Utility Tax Levied" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ + -- "Sec 7-702 Tax To Be In-Lieu Of Franchise" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly" -A "\c" \ + -- "Sec 7-703 Payable Monthly" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien" -A "\c" \ + -- "Sec 7-704 Tax Constitutes Lien" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay" -A "\c" \ + -- "Sec 7-705 Ouster For Failure To Pay" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied" -A "\c" \ + -- "Sec 7-701 Gas Utility Tax Levied" +\& +.LP +From and after September 2, 1980, there is hereby levied and assessed an +annual tax of two percent upon the gross receipts from residential and +commercial sales of gas in the city, which tax shall be in lieu of any +other franchise, license, occupation or excise tax levied by the city, +all as provided by 68 O.S. +§ 2601 et seq. +.PP +(Code 1999, § 7-701; Ord. +No. +250, 9-2-1980) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ + -- "Sec 7-702 Tax To Be In-Lieu Of Franchise" +\& +.LP +The tax levied under this chapter shall, when levied, apply to all +persons, firms, associations or corporations engaged in the business of +furnishing gas within the corporate limits of the city, except it shall +not apply to any person, firm, association or corporation operating +under a valid franchise from the city. +.PP +(Code 1999, § 7-702; Ord. +No. +250, 9-2-1980) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly" -A "\c" \ + -- "Sec 7-703 Payable Monthly" +\& +.LP +The tax levied under this chapter shall be levied for a term of not less +than one year and shall be payable monthly and placed in the general +revenue fund of the city. +.PP +(Code 1999, § 7-703; Ord. +No. +250, 9-2-1980) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien" -A "\c" \ + -- "Sec 7-704 Tax Constitutes Lien" +\& +.LP +The tax so imposed in this chapter shall constitute a first a prior lien +on all the assets located within the city of any person, firm or +corporation engaged in the business of selling gas within the city +limits. +.PP +(Code 1999, § 7-704; Ord. +No. +250, 9-2-1980) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay" -A "\c" \ + -- "Sec 7-705 Ouster For Failure To Pay" +\& +.LP +Any person, firm or corporation failing or refusing to pay such tax when +levied shall be regarded as a trespasser and may be ousted from the +city. +In addition thereto, an action may be maintained against such person, +firm or corporation for the amount of the tax, and all expenses of +collecting same, including reasonable attorney\[aq]s fees. +.PP +(Code 1999, § 7-705; Ord. +No. +250, 9-2-1980) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX" -A "\c" \ + -- "ARTICLE 7-7B ELECTRIC UTILITY TAX" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied" -A "\c" \ + -- "Sec 7-711 Electric Utility Tax Levied" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ + -- "Sec 7-712 Tax To Be In-Lieu Of Franchise" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly" -A "\c" \ + -- "Sec 7-713 Payable Monthly" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien" -A "\c" \ + -- "Sec 7-714 Tax Constitutes Lien" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay" -A "\c" \ + -- "Sec 7-715 Ouster For Failure To Pay" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied" -A "\c" \ + -- "Sec 7-711 Electric Utility Tax Levied" +\& +.LP +From and after September, 2009, there is hereby levied and assessed an +annual tax of the greater amount of any voter-approved franchise fee, +currently three percent, or the annual tax on gross receipts levied as a +result of a municipal ordinance enacted pursuant to 68 O.S. +§ 2601 upon the gross receipts from residential and commercial sales of +electricity in the city, which tax shall be in lieu of any other +franchise, license, occupation or excise tax levied by the city. +.PP +(Code 1999, § 7-706; Ord. +No. +655(09), 12-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ + -- "Sec 7-712 Tax To Be In-Lieu Of Franchise" +\& +.LP +The tax levied under this chapter shall, when levied, apply to all +persons, firms, associations or corporations engaged in the business of +furnishing electricity within the corporate limits of the city, except +it shall not apply to any person, firm, association or corporation +operating under a valid franchise from the city. +.PP +(Code 1999, § 7-707; Ord. +No. +655(09), 12-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly" -A "\c" \ + -- "Sec 7-713 Payable Monthly" +\& +.LP +The tax levied under this chapter shall be levied for a term of not less +than one year and shall be payable monthly and placed in the general +revenue fund of the city. +.PP +(Code 1999, § 7-708; Ord. +No. +655(09), 12-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien" -A "\c" \ + -- "Sec 7-714 Tax Constitutes Lien" +\& +.LP +The tax so imposed in this chapter shall constitute a first a prior lien +on all assets located within the city of any person, firm or corporation +engaged in the business of selling electricity within the city limits. +.PP +(Code 1999, § 7-709; Ord. +No. +655(09), 12-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay" -A "\c" \ + -- "Sec 7-715 Ouster For Failure To Pay" +\& +.LP +Any person, firm or corporation failing or refusing to pay such tax when +levied shall be regarded as a trespasser and may be ousted from the +city. +In addition thereto, an action may be maintained against such person, +firm or corporation for the amount of the tax, and all expenses of +collecting same, including reasonable attorney\[aq]s fees. +.PP +(Code 1999, § 7-710; Ord. +No. +655(09), 12-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY" -A "\c" \ + -- "CHAPTER 7-8 UNCLAIMED PROPERTY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records" -A "\c" \ + -- "Sec 7-801 Delivery Required; Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures" -A "\c" \ + -- "Sec 7-802 Disposition Of Personal Property, General Procedures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia" -A "\c" \ + -- "Sec 7-803 Seized Illegal Alcohol And Gambling Paraphernalia" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons" -A "\c" \ + -- "Sec 7-804 Property Of Deceased Persons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons" -A "\c" \ + -- "Sec 7-805 Exchange Of Unclaimed Or Confiscated Weapons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner" -A "\c" \ + -- "Sec 7-806 Recovery By Owner" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Disposition of personal property by +police chief, procedures, application to destroy, 11 O.S. +§ 34-104; Uniform Unclaimed Property Act, 60 O.S. +§ 650 et seq.; finders of lost goods, 15 O.S. +§ 511 et seq.; disposal of stolen or embezzled property coming into +hands of police officers, 22 O.S. +§ 1321 et seq.; disposal of liquor and gambling equipment seized by +police officers, 22 O.S. +§ 1261 et seq.; illegal alcoholic beverages seized, 37 O.S. +§ 539. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records" -A "\c" \ + -- "Sec 7-801 Delivery Required; Records" +\& +.IP " 1." 4 +All personal property which comes into the possession of any police +officer, which has been found or stolen or taken off the person or out +of the possession of any prisoner or person suspected of or charged with +being a criminal, and which is not known to belong to some person laying +claim thereto, shall be, by the officer securing possession thereof, +delivered into the charge of the police chief. +The chief shall, in a permanent record book kept for that purpose, make +a record sufficient to identify the property, with the date and +circumstances of the receipt thereof and the name of the person from +whom it was taken and the place where it was found. +The record shall also disclose the subsequent disposal thereof, giving +the date of sale, name and address of the purchaser, and the amount for +which it was sold. +.IP " 2." 4 +For the purpose of this chapter, the term \[dq]police chief\[dq] means +the police chief or his designee. +.LP +(Prior Code, § 18-46, in part; Code 1999, § 7-801) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures" -A "\c" \ + -- "Sec 7-802 Disposition Of Personal Property, General Procedures" +\& +.IP " 1." 4 +The police chief is authorized to sell personal property, other than +animals, money or legal tender of the United States, except as provided +in subsection (B) of this section, which has come into his possession in +any manner if: +.RS 4 +.IP " 1." 4 +The owner of the personal property is unknown or has not claimed the +property; +.IP " 2." 4 +The property has been in the custody of the police chief for at least 90 +days; or +.IP " 3." 4 +The property or any part thereof is no longer needed to be held as +evidence or for any other purpose in connection with any litigation. +Any owner, to recover or claim property, must be able to satisfactorily +prove ownership to the police chief. +.RE +.IP " 2." 4 +Any property found by a person other than public official which shall be +delivered to any police officer for identification and registration, if +not claimed or identified within 30 days, shall, within ten additional +days thereafter, if requested by the finder, be returned to him, and a +record of such disposal made thereof. +However, in all other cases, only property in which the finder +relinquishes any future claim to its ownership will be stored in the +city police property room. +.IP " 3." 4 +The police chief shall file an application in the district court of the +county requesting the authority of the court to conduct a sale of such +personal property or money or legal tender which has a fair market value +of more than its face value. +The police chief shall attach to his application a list describing such +property or money or legal tender, including any identifying numbers and +marks, the date the property or money or legal tender came into his +possession, and the name of the owner and his address, if known. +The court shall set the application for hearing not less than ten days +nor more than 20 days after filing of the application. +.IP " 4." 4 +In any instance where the property has an actual or apparent value of +more than $250.00, at least ten days prior to the date of the hearing, +notice of the hearing shall be sent by first class mail to each owner at +his address as listed in the application. +If the owner of any property with an actual or apparent value exceeding +$500.00 is unable to be served notice by certified mail, notice shall be +provided by one publication in a newspaper of general circulation in the +county. +The notice shall contain a brief description of the property or money or +legal tender of the owner and the place and date of the hearing. +The notice shall be posted at the assigned place for the posting of city +notices, and at two other public places in the city. +.IP " 5." 4 +If no owner appears and establishes ownership to the property at the +hearing, the court shall enter an order authorizing the chief of police +to dispose of the property as follows: +.RS 4 +.IP " 1." 4 +Donate the property having value of less than $500.00 to a +not-for-profit corporation as defined in 18 O.S. +for use by needy families; +.IP " 2." 4 +Sell the personal property for cash to the highest bidder, after at +least five days\[aq] notice of the sale has been published; +.IP " 3." 4 +Transfer the property to a third-party agent under contract with the +governing body or the chief of police for sale by Internet or other +electronic means, regardless of whether the sale structure or +distribution site is within the state; or +.IP " 4." 4 +By any other means as determined appropriate by the court, including, +but not limited to, destruction. +.br +Regardless of the means of disposition, the chief of police shall make a +return of the donation or sale and the order of the court confirming the +donation or sale shall vest title to the property in the recipient or +purchaser. +After payment of court costs and other expenses, the remainder of money +received from the sale of the personal property shall be deposited in +the city general fund. +.RE +.IP " 6." 4 +All money or legal tender of the United States, except as provided in +subsection (B) of this section, which has come into the possession of +the police chief pursuant to the circumstances provided for in +subsection (A) of this section, shall be transferred by the police chief +to the city clerk for deposit in the general fund. +Prior to any such transfer, the police chief shall file an application +in the district court requesting the court to enter an order authorizing +him to transfer the money for deposit in the general fund. +The application shall describe the money or legal tender, any serial +numbers, the date the same came into his possession, and the name of the +owner and his address, if known. +Upon filing the application which may be joined with an application as +described in subsection (C) of this section, a hearing shall be set not +less than ten days nor more than 20 days from the filing of the +application. +Notice of the hearing shall be given as provided for in subsection (D) +of this section. +The notice shall state that upon failure of anyone to appear to prove +ownership to the money or legal tender, the court shall order the same +to be deposited in the general fund. +The notice may be combined with a notice to sell personal property as +provided for in subsection (B) of this section. +If no one appears to claim and prove ownership to the money or legal +tender at the hearing, the court shall order the same to be transferred +to the general fund as provided in this subsection. +.IP " 7." 4 +The provisions of this section shall not apply to any dangerous or +deadly weapons, narcotic or poisonous drugs, explosives, or any property +of any kind or character, which the possession of is prohibited by law, +nor to any property for which a specific procedure is otherwise +established by law, ordinance or proper order. +By order of the trial court, any such property filed as an exhibit or +held by the city shall be destroyed or sold or disposed of, pursuant to +the conditions prescribed in such order. +.IP " 8." 4 +Property authorized to be destroyed herein or by state or other law, or +which cannot be sold or used by the city, shall be destroyed on order of +the police chief. +The destruction of personal property must be witnessed by at least three +members of the police department who must sign a certificate of +destruction listing all property destroyed, a general description of +same, and the date, time, place and manner of such destruction. +.LP +(Prior Code, § 18-47, in part; Code 1999, § 7-802; Ord. +No. +435(03), 12-1-2003) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 34-104. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia" -A "\c" \ + -- "Sec 7-803 Seized Illegal Alcohol And Gambling Paraphernalia" +\& +.LP +The disposition of seized illegal alcohol and gambling paraphernalia +shall be as provided in 22 O.S. +§§ 1261\[em]1264. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons" -A "\c" \ + -- "Sec 7-804 Property Of Deceased Persons" +\& +.LP +The personal property of a deceased person shall be delivered only to +the next of kin of such person or to the legally appointed +representative of his estate. +If the personal property is claimed by the legally appointed +representative of the estate of the deceased, a certified copy of the +order of the district court appointing such person shall be deemed +sufficient authority to support the claim. +If the personal property is claimed by the next of kin, the claimant +shall furnish an affidavit to the effect that he is the person entitled +to possession of the property; the affidavit shall be deemed sufficient +authority to support the claim. +If personal property of a deceased person remains unclaimed for a period +of 90 days, it shall be disposed of in the appropriate manner provided +in this chapter. +.PP +(Prior Code, § 18-47, in part; Code 1999, § 7-805) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons" -A "\c" \ + -- "Sec 7-805 Exchange Of Unclaimed Or Confiscated Weapons" +\& +.IP " 1." 4 +Unclaimed or confiscated weapons which have been in the possession of +the police department for 120 days or more may be traded by the police +chief or his designee, for new weapons for use by the police department. +The unclaimed or confiscated weapons may only be traded to such gun +dealers who have complied with applicable state and federal regulations +concerning firearms and, in the opinion of the police chief or his +designee, are reputable. +.IP " 2." 4 +In trading such unclaimed or confiscated weapons, the police chief or +his designee shall advertise for bids for such trade. +Such advertisement for bids shall be done in accordance with prevailing +and established bid procedure as formulated by the purchasing entity of +the city. +.IP " 3." 4 +The value of such unclaimed and confiscated weapons as hereinabove +discussed shall in all cases be determined by their fair market value of +the new weapons received in such trade. +.LP +(Code 1999, § 7-806) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner" -A "\c" \ + -- "Sec 7-806 Recovery By Owner" +\& +.LP +If any property is sold as herein provided, and the owner thereof takes +and recovers possession of same from the purchaser, the amount paid +therefor shall be returned to the purchaser, upon verified claim being +submitted and approved by the police chief. +.PP +(Prior Code, § 18-47, in part; Code 1999, § 7-807) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_8_HEALTH_AND_NUISANCES" -A "\c" \ + -- "PART 8 HEALTH AND NUISANCES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY" -A "\c" \ + -- "CHAPTER 8-1 NUISANCES AND HEALTH GENERALLY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH" -A "\c" \ + -- "CHAPTER 8-2 WEEDS, GRASS AND TRASH" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS" -A "\c" \ + -- "CHAPTER 8-3 DILAPIDATED BUILDINGS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES" -A "\c" \ + -- "CHAPTER 8-4 ABANDONED, JUNK VEHICLES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH" -A "\c" \ + -- "CHAPTER 8-5 LITTER AND TRASH" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS" -A "\c" \ + -- "CHAPTER 8-6 FOOD AND MILK REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES" -A "\c" \ + -- "CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING" -A "\c" \ + -- "CHAPTER 8-8 PUBLIC BATHING/TANNING" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT" -A "\c" \ + -- "CHAPTER 8-9 ENFORCEMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI" -A "\c" \ + -- "CHAPTER 8-10 GRAFFITI" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE" -A "\c" \ + -- "CHAPTER 8-11 EXTERIOR PROPERTY MAINTENANCE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA" -A "\c" \ + -- "CHAPTER 8-12 MEDICAL MARIJUANA" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE" -A "\c" \ + -- "CHAPTER 8-13 MULTI-FAMILY CODE" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Nuisances generally, 50 O.S. +§ 1 et seq.; power of city to summarily abate, 50 O.S. +§ 16. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY" -A "\c" \ + -- "CHAPTER 8-1 NUISANCES AND HEALTH GENERALLY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions" -A "\c" \ + -- "Sec 8-101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption" -A "\c" \ + -- "Sec 8-102 Agricultural Exemption" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined" -A "\c" \ + -- "Sec 8-103 Certain Public Nuisances Defined" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited" -A "\c" \ + -- "Sec 8-104 Nuisance Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance" -A "\c" \ + -- "Sec 8-105 Person Responsible For Continuing Nuisance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance" -A "\c" \ + -- "Sec 8-106 Time Does Not Legalize Nuisance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances" -A "\c" \ + -- "Sec 8-107 Remedies Against Public Nuisances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances" -A "\c" \ + -- "Sec 8-108 Remedies Against Private Nuisances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance" -A "\c" \ + -- "Sec 8-109 City Has Power To Define And Summarily Abate Nuisance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances" -A "\c" \ + -- "Sec 8-110 Summary Abatement Of Nuisances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement" -A "\c" \ + -- "Sec 8-111 Health Nuisances; Abatement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action" -A "\c" \ + -- "Sec 8-112 City Actions Not To Jeopardize Private Action" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited" -A "\c" \ + -- "Sec 8-113 Escape Of Water Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited" -A "\c" \ + -- "Sec 8-114 Open Burning Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court" -A "\c" \ + -- "Sec 8-115 Abatement By Suit In District Court" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative" -A "\c" \ + -- "Sec 8-116 Procedure Cumulative" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required" -A "\c" \ + -- "Sec 8-117 Toilet Facilities Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated" -A "\c" \ + -- "Sec 8-118 Hypodermic Syringes, Purchase Regulated" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer" -A "\c" \ + -- "Sec 8-119 Obstructing Health Or Enforcement Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances" -A "\c" \ + -- "Sec 8-120 Outside Storage Of Appliances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons" -A "\c" \ + -- "Sec 8-121 Waste Stabilization Lagoons" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Nuisances generally, 50 O.S. +§ 1 et seq.; power of city to summarily abate, 50 O.S. +§ 16. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions" -A "\c" \ + -- "Sec 8-101 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.PP +\f[I]Nuisance\f[R] means unlawfully doing an act, or omitting to perform +a duty, or is any thing or condition which either: +.IP " 1." 4 +Annoys, injures or endangers the comfort, repose, health or safety of +others; +.IP " 2." 4 +Offends decency; +.IP " 3." 4 +Unlawfully interferes with, obstructs or tends to obstruct or render +dangerous for passage, any lake or navigable river, stream, canal or +basin, or any public park, square, street or other public property; or +.IP " 4." 4 +In any way renders other persons insecure in life or in the use of +property. +.LP +\f[I]Private nuisance\f[R] means every nuisance not included the +definition of the term \[dq]public nuisance\[dq] as provided in this +section. +.PP +\f[I]Public nuisance\f[R] means a nuisance which affects at the same +time an entire community or neighborhood, or any considerable number of +persons, or three or more properties under separate ownership in the +vicinity of such nuisance, although the extent of the annoyance or +damage inflicted upon the individuals may be unequal. +.PP +(Prior Code, §§ 12-121, 12-122; Code 1999, § 8-101) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. +§ 1. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption" -A "\c" \ + -- "Sec 8-102 Agricultural Exemption" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +.br +\f[I]Agricultural\f[R] \f[I]activities\f[R] includes, but is not limited +to, the growing or raising of horticultural and viticultural crops, +berries, poultry, livestock, aquaculture, grain, mint, hay, dairy +products and forestry activities. +The term \[dq]agricultural activities\[dq] also includes improvements or +expansion to the activities provided for in this definition, including, +but not limited to, new technology, pens, barns, fences, and other +improvements designed for the sheltering, restriction, or feeding of +animal or aquatic life, for storage of produce or feed, or for storage +or maintenance of implements. +If the expansion is part of the same operating facility, the expansion +need not be contiguous. +.br +\f[I]Farmland\f[R] includes, but is not limited to, land devoted +primarily to production of livestock or agricultural commodities. +.br +\f[I]Forestry\f[R] \f[I]activity\f[R] means any activity associated with +the reforesting, growing, managing, protecting and harvesting of timber, +wood and forest products, including, but not limited to, forestry +buildings and structures. +.IP " 2." 4 +Agricultural activities conducted on farm or ranch land, if consistent +with good agricultural practices and established prior to nearby +nonagricultural activities, are presumed to be reasonable and do not +constitute a nuisance unless the activity has a substantial adverse +effect on the public health and safety. +If that agricultural activity is undertaken in conformity with federal, +state and local laws and regulations, it is presumed to be good +agricultural practice and not adversely affecting the public health and +safety. +.IP " 3." 4 +No action for nuisance shall be brought against agricultural activities +on farm or ranch land which has lawfully been in operation for two years +or more prior to the date of bringing the action. +The established date of operation is the date on which an agricultural +activity on farm or ranch land commenced. +The established date of operation for each change is not a separately +and independently established date of operation and commencement of the +expanded activity does not divest the farm or ranch of a previously +established date of operation if: +.RS 4 +.IP " 1." 4 +The physical facilities of the farm or ranch are subsequently expanded +or new technology adopted; +.IP " 2." 4 +The farming or ranching is interrupted for no more than three years; or +.IP " 3." 4 +The farm or ranch participates in a government-sponsored agricultural +program. +.RE +.IP " 4." 4 +In any action for nuisance in which agricultural activities are alleged +to be a nuisance, and which action is found to be frivolous or malicious +by the court, the defendant shall recover the aggregate amount of costs +and expenses determined by the court to have been reasonably incurred in +connection with defending the action, together with a reasonable +attorney fee. +.IP " 5." 4 +This section does not relieve agricultural activities of the duty to +abide by state and federal laws, including, but not limited to, the +Oklahoma Concentrated Animal Feeding Operations Act (2 O.S. +§ 20-40 et seq.) +and the Oklahoma Registered Poultry Feeding Operations Act (2 O.S. +§ 10-9.1 et seq.). +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined" -A "\c" \ + -- "Sec 8-103 Certain Public Nuisances Defined" +\& +.IP " 1." 4 +In addition to other public nuisances declared by other sections of this +Code or law, the following are hereby declared to be public nuisances: +.RS 4 +.IP " 1." 5 +The sale or offering of unwholesome food or drink; or the keeping of a +place where such sales or offerings are made; +.IP " 2." 5 +The sale, offering for sale or furnishing of intoxicating liquor in +violation of the state law or ordinances of the city; or the keeping of +a place where intoxicating liquor is sold, offered for sale, or +furnished in violation of the state law or ordinances of the city; +.IP " 3." 5 +The exposure, display, sale or distribution of obscene pictures, books, +pamphlets, magazines, papers, documents, or objects; or the keeping of a +place where such are exposed, displayed, sold or distributed; +.IP " 4." 5 +The keeping of a place where persons gamble, whether by cards, slot +machines, punchboards or otherwise; +.IP " 5." 5 +The keeping of a place where prostitution, illicit sexual intercourse or +other immoral acts are practiced; +.IP " 6." 5 +The keeping of a place where activities in violation of state law or +ordinance are practiced or carried on; +.IP " 7." 5 +The public exposure of a person having a contagious disease as defined +by applicable health laws and regulations; +.IP " 8." 5 +The continued making of loud or unusual noises, music or sounds, or +strong vibrations which annoy persons of ordinary sensibilities; or the +keeping of an animal which makes such noises; +.IP " 9." 5 +The operation or use of any electrical apparatus or machine which +materially and unduly interferes with radio or television reception by +others; +.IP " 10." 5 +Any use of a street or sidewalk or a place adjacent thereto which causes +crowds of people to gather so as to obstruct traffic on such street or +sidewalk, or which otherwise obstructs traffic thereon, except as may be +authorized by law or ordinances; +.IP " 11." 5 +Permitting water or other liquid to flow, fall or accumulate, or ice or +snow to fall, from any building or structure upon any street or sidewalk +where mosquitoes breed or are likely to breed, or which are so +constructed, formed, conditioned, or situated as to endanger the public +safety; +.IP " 12." 5 +All wells, pools, cisterns, bodies or containers of water in which +mosquitoes breed or are likely to breed, or which are so constructed, +formed, conditioned or situated as to endanger the public safety; +.IP " 13." 5 +Rank weeds or grass, carcasses, accumulations of manure, refuse or other +things which are, or are likely to be, breeding places for flies, +mosquitoes, vermin or disease germs, and the premises on which such +exist; +.IP " 14." 5 +Any building or structure which is dangerous to the public health or +safety because of damage, decay or other condition; +.IP " 15." 5 +Any pit, hole or other thing which is so constructed, formed, +conditioned or situated as to endanger the public safety; +.IP " 16." 5 +Any fire or explosion hazard which endangers the public safety; +.IP " 17." 5 +Any occupation or activity which endangers the public peace, health, +morals, safety or welfare; +.IP " 18." 5 +Permitting bagworms to be upon any trees or other plants within the +city; +.IP " 19." 5 +Permitting foul, noxious or offensive odors to escape from premises; or +unusual quantities of dust or other deleterious substances to escape or +emanate across the property line upon which the same originates; +.IP " 20." 5 +Any stable or other place where animals are kept that may become +obnoxious or annoying to any resident of the city, by reason of any +noise made by the animal therein, or by reason of lack of sanitation; +.IP " 21." 5 +The keeping in violation of section 4-101 et seq., of any dog kennels +within the city for the breeding and raising of dogs that shall become +offensive or annoying to the public by reason of the barking and noise +made by the animals therein contained; +.IP " 22." 5 +Any vault, cesspool or sink used to receive human excrement, slops, +garbage, refuse or other filthy substance; +.IP " 23." 5 +Any pond, slop, trash, refuse, cobs, manure, decayed or decaying +vegetable matter, left, kept or maintained in such condition as to +endanger the public health; +.IP " 24." 5 +The keeping of any hog pen within the limits of the city in violation of +this Code; +.IP " 25." 5 +Every privy or water closet which shall be in an overflowing, leaking or +filthy condition, or in a condition dangerous, injurious or annoying to +the comfort, health and welfare of any resident of the city; +.IP " 26." 5 +Any green or unsalted hides of any animal kept in any exposed or open +place within the limits of the city; +.IP " 27." 5 +Any unclean, foul, leaking or broken or defective ditch, drain, gutter, +slop, garbage or manure barrel, box, grease barrel or other receptacle +in the city; +.IP " 28." 5 +Every building or other structure that shall become unsafe and dangerous +from fire, decay or other cause, or shall become hazardous from fire, by +reason of age, decay or construction, location or other cause, or shall +be detrimental to the health, safety or welfare of the city or its +inhabitants from any cause; +.IP " 29." 5 +Allowing the exterior of buildings and structures to be maintained in +such a manner that their appearance constitutes a blighting influence +for adjoining property. +As used in this subsection, the term \[dq]blighting influence\[dq] shall +mean the maintaining of the exterior of a building or structure in a +condition that, if not corrected, would or could cause surrounding +buildings and structures to become likewise maintained leading to an +overall deterioration of the surrounding area; +.IP " 30." 5 +Failing to remove, allowing to remain or permitting any unsightly +condition commonly referred to as graffiti, which is defined and +prohibited in section 8-1001 et seq. +.IP " 31." 5 +Any tree kept, maintained or not removed in which a limb, branch, stem, +stump or part thereof may cause injury to the property owner/occupant or +any passerby, or may cause damage to any fence, structure, vehicle or +any other property or utilities. +.RE +.IP " 2." 4 +The enumeration in subsection (A) of this section of certain public +nuisances shall be cumulative and not limit other provisions of law or +ordinances defining public or private nuisances either in more general +or more specific terms. +.LP +(Prior Code, § 12-123, in part; Code 1999, § 8-102; Ord. +No. +73(94), 1-3-1994; Ord. +No. +316(01), 3-5-2001; Ord. +No. +621(08), 6-2-2008) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited" -A "\c" \ + -- "Sec 8-104 Nuisance Prohibited" +\& +.LP +No person shall create or maintain a nuisance within the city or permit +a nuisance to remain on premises under his control within the city. +.PP +(Prior Code, § 12-124; Code 1999, § 8-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance" -A "\c" \ + -- "Sec 8-105 Person Responsible For Continuing Nuisance" +\& +.LP +Every successive owner of property who neglects to abate a continuing +nuisance upon or in the use of such property, created by a former owner, +is liable therefor in the same manner as the person who first created +it. +.PP +(Prior Code, § 12-124; Code 1999, § 8-104) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. +§ 5. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance" -A "\c" \ + -- "Sec 8-106 Time Does Not Legalize Nuisance" +\& +.LP +No lapse of time can legalize a public nuisance amounting to an actual +obstruction of public right. +.PP +(Code 1999, § 8-105) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. +§ 7. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances" -A "\c" \ + -- "Sec 8-107 Remedies Against Public Nuisances" +\& +.LP +The remedies against a public nuisance are: +.IP " 1." 4 +Prosecution on complaint before the municipal court; +.IP " 2." 4 +Prosecution on information or indictment before another appropriate +court; +.IP " 3." 4 +Civil action; or +.IP " 4." 4 +Abatement: +.RS 4 +.IP " 1." 4 +By the person injured as provided in 50 O.S. +§ 12; +.IP " 2." 4 +By the city in accordance with law or ordinance. +.RE +.LP +(Code 1999, § 8-106) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. +§ 5. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances" -A "\c" \ + -- "Sec 8-108 Remedies Against Private Nuisances" +\& +.LP +The remedies against a private nuisance are: +.IP " 1." 4 +Civil action; or +.IP " 2." 4 +Abatement: +.RS 4 +.IP " 1." 4 +By the person injured as provided in 50 O.S. +§§ 14 and 15; or +.IP " 2." 4 +By the city in accordance with law or ordinance. +.RE +.LP +(Code 1999, § 8-107) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. +§ 13. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance" -A "\c" \ + -- "Sec 8-109 City Has Power To Define And Summarily Abate Nuisance" +\& +.LP +As provided in 50 O.S. +§ 16, the city is empowered to determine what is and what shall +constitute a nuisance within its corporate limits and, for the +protection of the public health, the public parks and the public water +supply, outside of its corporate limits. +Whenever it is practical to do so, the city has the power summarily to +abate any such nuisance after notice to the owner and an opportunity for +him to be heard, if this can be done. +.PP +(Code 1999, § 8-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances" -A "\c" \ + -- "Sec 8-110 Summary Abatement Of Nuisances" +\& +.IP " 1." 4 +Some nuisances are of such nature as to constitute a grave and immediate +danger to the peace, health, safety, morals or welfare of one or more +persons or of the public generally. +It is recognized that circumstances may be such as to justify, and even +to require, the city manager or other appropriate officer or agency of +the city government to take immediate and proper action summarily to +abate such nuisances or to reduce or suspend the danger until more +deliberate action can be taken toward such abatement. +.IP " 2." 4 +An officer subordinate to the city manager may submit to the city +manager a statement as to the existence of a nuisance as defined by the +ordinances of the city or law, and a request or recommendation that it +be abated. +.IP " 3." 4 +The city manager or his designee shall determine if a nuisance exists as +defined by the ordinances of the city or law. +If he finds that a nuisance does in fact exist, he shall direct the +owner or other persons responsible for or causing the nuisance by: +.RS 4 +.IP " 1." 4 +Certified mail; +.IP " 2." 4 +Publication if the owner cannot be so served or found; +.br +to abate the nuisance within a specified time if the peace, health, +safety, morals or welfare of the persons or public adversely affected +would not be unduly jeopardized by the consequent delay. +If such peace, health, safety, morals or welfare would be unduly +jeopardized by the consequent delay, or if the owner or other persons +responsible for or causing the nuisance do not abate it within the +specified time, or if the persons responsible authorize the city to +abate the nuisance, the manager shall direct the appropriate officer to +abate the nuisance or have it abated, if summary abatement is practical, +as authorized by 50 O.S. +§ 16. +The city shall send a statement of the cost of such summary abatement to +the owner or other persons responsible for or causing the nuisance, as +may be just under the circumstances, if their names and addresses are +known. +Until paid, such cost shall constitute a debt to the city collectible as +other debts may be collected. +.RE +.IP " 4." 4 +The determination of the existence of a nuisance and order to abate it, +as made by the city manager, may be appealed by the occupant or owner or +person causing the nuisance by filing a request for hearing in writing +with the city clerk within the period of time specified in the notice +for abatement of the nuisance. +The clerk shall cause the matter to be placed on the agenda of the city +council for final determination with appropriate notice of the hearing +provided to the person requesting the appeal. +.LP +(Prior Code, § 12-125, in part; Code 1999, § 8-109) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement" -A "\c" \ + -- "Sec 8-111 Health Nuisances; Abatement" +\& +.IP " 1." 4 +Pursuant to authority granted by 63 O.S. +§ 1-1011, the city shall have the authority to order the owner or +occupant of any private premises in the city to remove from such +premises, at his own expense, any source of filth, cause of sickness, +condition conducive to the breeding of insects or rodents that might +contribute to the transmission of disease, or any other condition +adversely affecting the public health, within 24 hours, or within such +other time as may be reasonable. +Such order shall be in writing and may be served personally on the owner +or occupant of the premises, or authorized agent thereof, by the city or +by a police officer, or a copy thereof may be left at the last usual +place of abode of the owner, occupant or agent, if known and within the +state. +If the premises are unoccupied and the residence of the owner, occupant +or agent is unknown or is outside the state, the order may be served by +posting a copy thereof on the premises or by publication in at least one +issue of a newspaper having a general circulation in the city. +.IP " 2." 4 +If the order is not complied with, the city may cause the order to be +executed and complied with, and the cost thereof shall be certified and +the cost of removing or abating such nuisance shall be charged to the +owner or occupant, enforceable as a lien or any other method allowed by +law or ordinance. +.LP +(Prior Code, § 12-151; Code 1999, § 8-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action" -A "\c" \ + -- "Sec 8-112 City Actions Not To Jeopardize Private Action" +\& +.LP +Nothing herein contained shall be construed to abridge the rights of +citizens of the city to bring and maintain actions in the proper courts +for the abatement of private nuisances or those specially injurious to +them. +.PP +(Prior Code, § 12-6; Code 1999, § 8-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited" -A "\c" \ + -- "Sec 8-113 Escape Of Water Prohibited" +\& +.IP " 1." 4 +No person shall permit or cause the escape or flow of water in such +quantity as to cause flooding, or impede vehicular or pedestrian +traffic, or create a hazardous condition to such traffic, or cause +damage to the public streets of the city. +.IP " 2." 4 +Water from private pools shall be drained or disposed of in such manner +as to not run on adjacent property, and if not directly connected to the +sanitary sewer system, private pools shall be drained into a sanitary +sewer cleanout. +If a sanitary sewer cleanout is not available, the private pool shall be +pumped into a container truck and disposed of properly. +In no way shall chlorinated or unclean pool water, including water with +algae, chemicals, or dirt or sediment, be allowed to drain into the +storm sewer system, creeks, or drainage channels. +.LP +(Code 1999, § 8-112; Ord. +No. +590(07), 6-18-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited" -A "\c" \ + -- "Sec 8-114 Open Burning Prohibited" +\& +.LP +It is unlawful to burn any fire outside of any enclosed building in the +city for the purpose of burning grass, trash, leaves, weeds, papers, +refuse, garbage or any other substance, except in an approved +incinerator and except as may be allowed by the city fire code and any +applicable state or city regulations. +.PP +(Code 1999, § 8-113) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court" -A "\c" \ + -- "Sec 8-115 Abatement By Suit In District Court" +\& +.LP +In cases where it is deemed impractical summarily to abate a nuisance, +the city may bring suit in the district court. +.PP +(Prior Code, § 12-6, in part; Code 1999, § 8-114) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative" -A "\c" \ + -- "Sec 8-116 Procedure Cumulative" +\& +.LP +The procedures for abating nuisances prescribed by this chapter and by +other provisions of law and ordinance shall be cumulative one to the +other. +The city may elect to follow any such procedure which is applicable in +abating any particular nuisance. +.PP +(Prior Code, § 12-5; Code 1999, § 8-115) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required" -A "\c" \ + -- "Sec 8-117 Toilet Facilities Required" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I]Human excrement\f[R] means the bowel and kidney discharge of human +beings. +.br +\f[I]Sanitary pit privy\f[R] means a waterless privy which is built, +rebuilt or constructed so as to conform with the specifications approved +by the state health department. +.br +\f[I]Sanitary water closet\f[R] means the flush type toilet which is +connected with a sanitary sewer line of such capacity and construction +as to carry away the contents at all times. +.IP " 2." 4 +Every owner of a residence or other building in which humans reside, are +employed or congregate within the city shall install, equip and maintain +adequate sanitary facilities for the disposal of human excrement by use +of a sanitary water closet or a sanitary pit privy. +The closets and toilets hereby required shall be of the sanitary water +closet type when located within 200 feet of a sanitary sewer and +accessible thereto and of the sanitary water closet type +(notwithstanding a greater distance from a sanitary sewer) or the water +closet type emptying into a septic tank system or the pit privy type. +A septic tank system or a pit privy may be used in such cases only if it +meets the standards of and is approved by the state health department. +.IP " 3." 4 +All human excrement disposed of within the city shall be disposed of by +depositing it in closets and privies of the type provided for in this +section. +It is unlawful for any owner of property within the city to permit the +disposal of human excrement thereon in any other manner, or for any +person to dispose of human excrement within the city in any other +manner. +.IP " 4." 4 +All privies shall be kept clean and sanitary at all times, and the +covers of the seats of privies shall be kept closed at all times when +the privies are not being used. +No wash water, kitchen slop or anything other than human excrement and +toilet paper shall be emptied into a privy. +No excrement from any person suffering from typhoid fever, dysentery or +other serious bowel disease shall be deposited in any sanitary pit privy +or sanitary water closet until it is disinfected in such a manner as may +be prescribed by the health officer. +.IP " 5." 4 +All facilities for the disposal of human excrement in a manner different +from that required by this section and all privies and closets so +constructed, situated or maintained as to endanger the public health are +hereby declared to be public nuisances, and may be dealt with and abated +as such. +Any person maintaining any such nuisance is guilty of an offense and +each day upon which any such nuisance continues is a separate offense. +.LP +(Code 1999, § 8-116) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated" -A "\c" \ + -- "Sec 8-118 Hypodermic Syringes, Purchase Regulated" +\& +.IP " 1." 4 +No person may sell a hypodermic syringe of any type to any person, +company, hospital, medical facility or other organization or pharmacist +not licensed for the medical treatment of people, animals or fowl or +licensed to sell drugs or medical supplies at retail without first +requiring identification of the purchaser and production by the +purchaser of a certificate of need or a prescription for the purchase of +the hypodermic syringe from a licensed physician, surgeon, or official +of a state, county, or city-county health department, and if the need is +for use of the hypodermic syringe with animals or fowl the certificate +or prescription may be from a doctor of veterinary medicine. +.IP " 2." 4 +The seller shall maintain a record of such sales, including the person +to whom the hypodermic syringe was sold, the address of the buyer, the +date of sale and the number of hypodermic syringes sold. +.IP " 3." 4 +The records required by this section shall be kept open at all times to +the inspection of the chief of police or his deputy, to any officer of +the police department, or to any other person so authorized in writing +by the chief of police or a court of competent jurisdiction. +.IP " 4." 4 +Any person who uses a disposable syringe shall, immediately after use of +such syringe, destroy it or render it inoperable so that such used +syringe cannot be used again by any other person. +.IP " 5." 4 +Any person who uses a permanent type needle or syringe shall, +immediately after final use of such needle or syringe, destroy the +needle or syringe rendering it inoperable so that such needle or syringe +cannot be used again by any other person. +.IP " 6." 4 +Every article sold and every day a sale is conducted in violation of +this section shall constitute a separate offense. +.LP +(Prior Code, § 12-3; Code 1999, § 8-117) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer" -A "\c" \ + -- "Sec 8-119 Obstructing Health Or Enforcement Officer" +\& +.LP +It is unlawful for any person to willfully obstruct or interfere with +any health officer or other code enforcement officer charged with the +enforcement of the health or nuisance laws of the city. +.PP +(Prior Code, § 12-4; Code 1999, § 8-118) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances" -A "\c" \ + -- "Sec 8-120 Outside Storage Of Appliances" +\& +.IP " 1." 4 +It is unlawful and an offense for any person to leave outside of any +building or dwelling any range, stove, oven, ice box, refrigerator, +washer, dryer, plumbing fixture, such as, but not limited to, bathtubs, +sinks, and toilets, or other container of any kind of a capacity of 1½ +cubic feet or more. +.IP " 2." 4 +The use of said aforementioned items for a purpose different than its +original use shall not operate to change the use from its originally +intended purpose. +.LP +(Code 1999, § 8-119; Ord. +No. +465, 10-3-1988; Ord. +No. +514(05), 8-15-2005; Ord. +No. +587(07), 5-21-2007) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1208. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons" -A "\c" \ + -- "Sec 8-121 Waste Stabilization Lagoons" +\& +.IP " 1." 4 +\f[I]Definition.\f[R] A waste stabilization lagoon is a structure +specifically designed to treat liquid organic wastes by biological, +chemical and physical processes commonly referred to as natural +self-purification. +It is normally a relatively shallow, diked structure and may receive +either raw or pretreated wastes. +The satisfactory operation of the process depends upon the growth of +algae and like organisms for the production of oxygen through +photosynthesis; therefore, conditions must be maintained which are +conducive to the growth of algae, such as proper water depth, sufficient +dissolved oxygen, and maximum penetration of sunlight. +.IP " 2." 4 +\f[I]Construction.\f[R] +.RS 4 +.IP " 1." 4 +No waste stabilization lagoons shall be installed or constructed within +the limits of the city until and unless the city council has approved +the proposal for such construction and installation. +The review herein contemplated to be made by the council shall consist +of, but not necessarily limited to, the following matters: +.RS 4 +.IP " 1." 4 +The location of the lagoon site; +.IP " 2." 4 +Its proximity to residential areas; +.IP " 3." 4 +A consideration of the effect on the surrounding area if the lagoon +breaks or its proper operation is interrupted for any cause; +.IP " 4." 4 +The effect of such lagoon on surrounding property values; +.IP " 5." 4 +If the lagoon is not a full retention lagoon, the direction of flow and +ultimate disposition of the effluent from overflow. +.RE +.IP " 2." 4 +If city council approves a proposed waste stabilization lagoon, +construction and installation shall comply with the state department of +environmental quality regulations. +.RE +.LP +(Code 1999, § 8-120; Ord. +No. +267(99), 11-15-1999) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH" -A "\c" \ + -- "CHAPTER 8-2 WEEDS, GRASS AND TRASH" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions" -A "\c" \ + -- "Sec 8-201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance" -A "\c" \ + -- "Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, Nuisance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ + -- "Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property" -A "\c" \ + -- "Sec 8-204 Same; Reports Of Accumulation On Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ + -- "Sec 8-205 Same; Receipt Of Report, Hearing And Notice" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors" -A "\c" \ + -- "Sec 8-206 Same; Abatement By City, Selection Of Contractors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations" -A "\c" \ + -- "Sec 8-207 Same; Summary Abatement Of Subsequent Accumulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ + -- "Sec 8-208 Same; Determination And Assessment Of Costs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ + -- "Sec 8-209 Same; Lien On The Property, Civil Remedy" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City" -A "\c" \ + -- "Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within The City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ + -- "Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports" -A "\c" \ + -- "Sec 8-212 Same; Reports" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ + -- "Sec 8-213 Same; Receipt Of Report, Hearing And Notice" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City" -A "\c" \ + -- "Sec 8-214 Same; Abatement By City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ + -- "Sec 8-215 Same; Determination And Assessment Of Costs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ + -- "Sec 8-216 Same; Lien On The Property, Civil Remedy" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Cleaning and mowing of property, 11 +O.S. +§ 22-111. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions" -A "\c" \ + -- "Sec 8-201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Administrative officer\f[R] means the community development +director or his designee. +.PP +\f[I]Owner\f[R] means the owner of record as shown by the most current +tax rolls of the county treasurer. +.PP +\f[I]Trash\f[R] means any refuse, litter, ashes, leaves, debris, paper, +combustible materials, rubbish, offal, waste, or matter of any kind or +form which is uncared for, discarded or abandoned. +.PP +\f[I]Weed\f[R]. +.IP " 1." 4 +The term \[dq]weed\[dq] includes, but is not limited to, poison ivy, +poison oak or poison sumac and all vegetation at any stage of maturity +which: +.RS 4 +.IP " 1." 4 +Exceeds 12 inches in height, except healthy trees, shrubs or produce for +human consumption or grown in a tended and cultivated garden, unless +such trees and shrubbery by their density or location constitute a +detriment to the health, benefit and welfare of the public and community +or a hazard to traffic or create a fire hazard to the property or +otherwise interfere with the mowing of the weeds; +.IP " 2." 4 +Regardless of height, harbors, conceals or invites deposits or +accumulation of refuse or trash; +.IP " 3." 4 +Harbors rodents or vermin; +.IP " 4." 4 +Gives off unpleasant or noxious odors; +.IP " 5." 4 +Constitutes a fire or traffic hazard; or +.IP " 6." 4 +Is dead or diseased. +.RE +.IP " 2." 4 +The term \[dq]weed\[dq] does not include tended crops on land zoned for +agricultural use which are planted more than 150 feet from a parcel +zoned for other than agricultural use. +.LP +(Code 1999, § 8-201; Ord. +No. +453, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance" -A "\c" \ + -- "Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, Nuisance" +\& +.IP " 1." 4 +It is unlawful and a nuisance for any owner or occupant of any lot, +tract or parcel of land situated wholly or in part within the corporate +limits of the city to allow trash or weeds to grow, stand or accumulate +upon such premises, or along the sidewalk, street or improved alleys +adjacent to such premises. +It is the duty of such owner or occupant to cut, remove or destroy any +such weeds and remove any such trash. +.IP " 2." 4 +No owner or occupant of land or lots shall: +.RS 4 +.IP " 1." 4 +Knowingly permit the throwing or dumping upon his premises of any +refuse, rubbish or trash; or +.IP " 2." 4 +Permit such materials to remain on his premises for more than ten days +after being notified to remove them by the city or the county health +department whether or not the owner or occupant knew of or permitted +such throwing or depositing. +.RE +.IP " 3." 4 +In addition to a penalty for violation of this section or section 8-203, +the city may abate as a public nuisance any condition prohibited herein +pursuant to this chapter, any other law or ordinance, all of which shall +be cumulative. +.LP +(Code 1999, § 8-202; Ord. +No. +537, 9-4-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ + -- "Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private Property" +\& +.LP +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or keep any refuse, rubbish, trash +or similar material except dirt thereon; nor shall such person allow the +accumulation of any such material; nor shall any such person keep or +maintain such premises in a manner causing substantial diminution in the +value of other property in the neighborhood in which the premises are +located. +No prosecution may be undertaken under this section until such person +shall have been given ten days\[aq] notice by the city of the condition +and an order to fully abate the alleged deficiency. +.PP +(Code 1999, § 8-203; Ord. +No. +537, 9-4-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property" -A "\c" \ + -- "Sec 8-204 Same; Reports Of Accumulation On Property" +\& +.LP +Any officer or employee of the city who discovers an accumulation of +trash or the growth of grass and weeds, or both these conditions, upon +any premises within the limits of the city, shall report the condition +to the administrative officer if, as a result of the accumulation or +growth, the premises appear to be: +.IP " 1." 4 +Detrimental to the health, benefit and welfare of the public and the +community; +.IP " 2." 4 +A hazard to traffic; +.IP " 3." 4 +A fire hazard to property; or +.IP " 4." 4 +Any two or more of these conditions. +.LP +(Code 1999, § 8-204; Ord. +No. +453, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ + -- "Sec 8-205 Same; Receipt Of Report, Hearing And Notice" +\& +.IP " 1." 4 +Upon determination that a nuisance or violation section 8-202 exists, +the administrative officer shall give written notice of the finding and +direct the owner or occupant to abate the condition within ten days. +However, the administrative officer may grant additional time as deemed +to be reasonable for the cutting, removal or destruction of weeds or +trash. +.IP " 2." 4 +The written notice in subsection (A) of this section shall be sent by +mail to the occupant or owner of the property at the address shown by +the current year\[aq]s tax rolls in the office of the treasurer of the +county in which the property is located. +If the property owner cannot be located, notice may be given by posting +a copy of the notice on the property or by publication as provided in 11 +O.S. +§ 1-102 one time not less than ten days prior to any hearing or action +by the city. +At the time of mailing of notice to the owner or occupant, the city +shall obtain a receipt of mailing from the postal service, which receipt +shall indicate the date of mailing and the name and address of the +mailee. +.IP " 3." 4 +If the city anticipates summary abatement as provided in section 8-207, +the notice shall contain further language as required by state law as to +possible future summary abatement action which may be taken by the city. +.IP " 4." 4 +The owner or occupant may give written consent, authorizing the city to +abate the nuisance. +Such consent shall waive the right of the owner or occupant to a hearing +under subsections (E) through (G) of this section. +.IP " 5." 4 +At any time within ten days after the date of mailing, posting or +publication of the notice required in this section, the owner or +occupant may request, in writing addressed to the administrative +officer, a hearing for the purpose of contesting the determination that +a nuisance exists on the property. +The administrative officer shall conduct a hearing as soon as +practicable but not earlier than ten days after receipt of the +owner\[aq]s request for such hearing, and not later than 15 days after +such receipt. +At such hearing such owner shall have the right to be represented by +counsel, to present testimony, other evidence and arguments, and to +cross examine witnesses. +All testimony shall be taken under oath. +If the director, after such hearing, shall determine that any weeds or +trash constitute a nuisance which is immediately detrimental to the +health or a fire or traffic hazard on such property, and shall determine +that the persons requesting such hearing are owners of the property upon +which such nuisance is located, he shall file in writing his findings of +fact and his order that such nuisance be abated within ten days, and +shall cause such findings and order to be served upon such owner at the +conclusion of the hearing. +If the nuisance has not been abated following fifth day, a citation will +be issued to the owner or occupant pursuant to section 8-202. +.IP " 6." 4 +An appeal from a final order of the director made pursuant to the +provisions of this chapter may be had by any person aggrieved thereby by +filing with the court clerk within five days from the date of the +director\[aq]s final order a written notice of appeal. +The court clerk shall thereupon set the matter for a hearing before the +municipal judge, and shall notify the appellant by registered mail of +the time and date when the matter will be heard. +Upon the filing of the notice of appeal, the director shall forthwith +transmit to the court clerk all records and orders pertaining thereto. +.IP " 7." 4 +The municipal judge, after hearing the matter in a summary manner, may +sustain, reverse, or modify the order of the director. +The court\[aq]s review shall be limited to a review of the finding of +facts and order of the administrative officer to determine if the +provisions of this chapter have been complied with. +.LP +(Code 1999, § 8-205; Ord. +No. +453, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors" -A "\c" \ + -- "Sec 8-206 Same; Abatement By City, Selection Of Contractors" +\& +.IP " 1." 4 +In the event that: +.RS 4 +.IP " 1." 4 +No hearing shall have been requested as provided for in this chapter; +.IP " 2." 4 +The administrative officer or municipal judge, after such hearing, shall +have ordered such nuisance to be abated; and +.IP " 3." 4 +Such nuisance shall not have been abated within the respective period +specified; +the administrative officer may cause such nuisance to be abated +forthwith by directing the city\[aq]s successful contract bidder to cut, +mow, or clear the property or abate, remove or destroy the nuisance, in +as many instances as may be necessary for continual abatement of the +nuisance, and shall cause a citation to be issued and a complaint to be +filed through the city attorney against such owner in municipal court +for the violation of this Code. +.RE +.IP " 2." 4 +The administrative officer shall prepare appropriate specifications and +advertise for bids, in the manner prescribed by law, and, with city +council approval, shall award a contract for one year to the lowest and +best bidder to cut, mow or clean property. +The cost of abating such nuisance, in each and every instance where it +is abated, shall be borne by the property owner, and shall be assessed +as provided in this chapter. +.LP +(Code 1999, § 8-206; Ord. +No. +453, 7-18-1988; Ord. +No. +198(97), 7-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations" -A "\c" \ + -- "Sec 8-207 Same; Summary Abatement Of Subsequent Accumulations" +\& +.LP +If the city causes property within the corporate limits to be cleaned of +trash and weeds in accordance with the procedures provided for in this +chapter, any subsequent accumulations of trash or weeds on the property +within a six-month period may be declared a nuisance and may be +summarily abated without prior notice to the property owner. +At the time of such summary abatement the city clerk shall notify the +property owner of the abatement and of the costs thereof. +The notice shall state that the property owner may request a hearing +within ten days from the date of mailing the notice. +The notice and hearing shall be as provided in section 8-205. +Unless otherwise determined at the hearing, the cost of such abatement +shall be determined and collected as hereinafter provided. +This section shall not apply if the records of the county clerk show +that the property was transferred after notice was given pursuant to +section 8-205. +.PP +(Code 1999, § 8-207) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ + -- "Sec 8-208 Same; Determination And Assessment Of Costs" +\& +.LP +Upon the completion of the work ordered to be performed under section +8-205, the administrative officer shall certify the actual and necessary +cost required to be expended in the abatement of the nuisance, together +with such administrative expense for mailing of notices and other +allowable costs, with a demand for payment of the total cost, and +forward it by mail to: +.IP " 1." 4 +The occupant or owner of the property at the address shown by the +current tax rolls in the office of the treasurer of the country in which +the property lies; or +.IP " 2." 4 +To the address given by the person giving his written consent or +requesting the appeal as provided in section 8-205(b). +.LP +(Code 1999, § 8-208; Ord. +No. +453, 7-18-1988; Ord. +No. +376(02), 7-15-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ + -- "Sec 8-209 Same; Lien On The Property, Civil Remedy" +\& +.LP +If the costs of the work performed under this chapter are not paid +within 30 days from the date of mailing the notice prescribed by section +8-208, the clerk shall forward a certified statement of the amount of +the costs to the county treasurer of the county in which the property +upon which the work was done is located, in order that the amount be +levied upon the property and be collected by the county treasurer in the +manner prescribed by the law of the state. +Until fully paid, the cost and the interest thereon shall be the +personal obligation of the property owner and a lien against the +property as provided by law. +The lien on the property is coequal with the lien of ad valorem taxes +and all other taxes and special assessments and prior and superior to +all other titles and liens against the property. +The lien shall continue until the cost is fully paid. +At any time prior to collection as provided in this section the city may +pursue any civil remedy for collection of the amount owing and interest +thereon, including an action in personam against the property owner and +an action in rem to foreclose its lien against the property. +Upon receiving payment, in full, the clerk shall forward to the county +treasurer a notice of such payment and directing discharge of the lien. +.PP +(Code 1999, § 8-209; Ord. +No. +453, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City" -A "\c" \ + -- "Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within The City" +\& +.LP +It is unlawful for any owner or occupant of any lot, tract or parcel of +land situated wholly or in part within the corporate limits of the city +to allow a dead or diseased tree to stand upon such premises, or along +the sidewalk, street or improved alleys adjacent to such premises. +It is the duty of such owner or occupant to remove said dead or diseased +tree which shall be cumulative. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ + -- "Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private Property" +\& +.LP +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or allow any dead or diseased tree +thereon in the neighborhood in which the premises are located. +No prosecution may be undertaken under this section until such person +shall have been given 45 days\[aq] notice by the city of the condition +and an order to fully abate the alleged deficiency by removal of the +dead or diseased tree. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports" -A "\c" \ + -- "Sec 8-212 Same; Reports" +\& +.LP +Any officer or employee of the city who discovers a dead or diseased +tree upon any premises within the limits of the city shall report the +condition to the community development director or his designee. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ + -- "Sec 8-213 Same; Receipt Of Report, Hearing And Notice" +\& +.IP " 1." 4 +Upon determination that a violation of section 8-210 exists, the +administrative officer shall give written notice of the finding and +direct the owner or occupant to abate the condition by removing the dead +or diseased tree within 45 days. +The administrative officer may grant additional time as deemed to be +reasonable for the cutting, removal or destruction of the dead or +diseased tree. +.IP " 2." 4 +The written notice in subsection (A) of this section shall be sent by +certified mail to the occupant or owner of the property at the address +shown by the current year\[aq]s tax rolls in the office of the treasurer +of the county in which the property is located. +If the property owner cannot be located, notice may be given by posting +a copy of the notice on the property or by publication as provided in 11 +O.S. +§ 1-102, one time not less than ten days prior to any hearing or action +by the city. +At the time of mailing of notice to the owner or occupant, the city +shall obtain a receipt of mailing from the postal service, which receipt +shall indicated the date of mailing and the name and address of the +mailer. +.IP " 3." 4 +The owner or occupant may give written consent, authorizing the city to +abate the dead or diseased tree. +Such consent shall waive the right of the owner or occupant to a hearing +under subsection (D) of this section. +.IP " 4." 4 +At any time within ten days after the date of mailing, posting or +publication of the notice required in this section, the owner or +occupant may request, in writing addressed to the community development +director or his designee, a hearing for the purpose of contesting the +determination that a dead or diseased tree exists on the property. +The community development director or designee shall conduct a hearing +as soon as practicable but not earlier than five days after receipt of +the owner\[aq]s request for such hearing, and not later than 15 days +after such receipt. +At such hearing said owner shall have the right to be represented by +counsel, to present testimony, offer evidence and arguments, and to +cross examine witnesses. +If the community development director, or designee, after such hearing +shall determine that any dead or diseased tree exists on the property, +and that the persons requesting such hearing are owners of the property +upon which said dead or diseased tree is located, the community +development director, or designee, shall file in writing their findings +of fact and order that such dead or diseased tree be removed within 45 +days, and shall cause such findings and order to be served upon such +owner within ten days of the conclusion of the hearing. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City" -A "\c" \ + -- "Sec 8-214 Same; Abatement By City" +\& +.LP +In the event that no hearing shall have been requested as provided for +in this chapter, or such dead or diseased tree shall not have been +abated within the respective period specified, the community development +director or designee may cause such dead or diseased tree to be abated. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ + -- "Sec 8-215 Same; Determination And Assessment Of Costs" +\& +.LP +Upon the completion of the work ordered to be performed under section +8-213, the community development director or designee shall certify the +actual and necessary cost required to be expended in the abatement of +the dead or diseased tree, together with such administrative expense for +mailing of notices and other allowable costs, with a demand for payment +of the total cost, and forward it by mail to: +.IP " 1." 4 +The occupant or owner of the property at the address shown by the +current tax rolls in the office of the county treasurer; or +.IP " 2." 4 +To the address given by the person giving his written consent or +requesting the appeal as provided in 8-213. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ + -- "Sec 8-216 Same; Lien On The Property, Civil Remedy" +\& +.LP +If the costs of the work performed under this chapter are not paid +within 30 days from the date of mailing the notice prescribed by section +8-215, the clerk shall forward a certified statement of the amount of +the costs to the county treasurer, in order that the amount be levied +upon the property and be collected by the county treasurer in the manner +prescribed by the law of the state. +Until fully paid, the cost and the interest thereon shall be the +personal obligation of the property owner and a lien against the +property as provided by law. +The lien on the property is coequal with the lien of ad valorem taxes +and all other taxes and special assessments and prior and superior to +all titles and liens against the property. +The lien shall continue until the cost is fully paid. +At any time prior to collection as provided in this section the city may +pursue any civil remedy for collection of the amount owing and interest +thereon, including an action in personam against the property owner and +an action in rem to foreclose its lien against the property. +Upon receiving payment, in full, the clerk shall forward to the county +treasurer a notice of such payment and directing discharge of the lien. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ + -- "812(16)" +\& on 5/2/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS" -A "\c" \ + -- "CHAPTER 8-3 DILAPIDATED BUILDINGS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions" -A "\c" \ + -- "Sec 8-301 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made" -A "\c" \ + -- "Sec 8-302 Report To Be Made" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment" -A "\c" \ + -- "Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, Payment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed" -A "\c" \ + -- "Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been Removed" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure" -A "\c" \ + -- "Sec 8-305 Boarding And Securing Dilapidated Buildings, Procedure" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty" -A "\c" \ + -- "Sec 8-306 Penalty" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Authority to abate dilapidated +buildings, 11 O.S. +§ 22-112 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions" -A "\c" \ + -- "Sec 8-301 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Administrative officer\f[R] means the community development +director or his designee. +.PP +\f[I]Boarding and securing\f[R] or \f[I]boarded and secured\f[R] means +the closing, boarding or locking of any or all exterior openings so as +to prevent entry into the structure. +.PP +\f[I]Cleaning\f[R] or \f[I]cleaned\f[R] means the removal of trash or +weeds from the premises. +.PP +\f[I]Dilapidated building\f[R] means: +.IP " 1." 4 +A structure which through neglect or injury lacks necessary repairs or +otherwise is in a state of decay or partial ruin to such an extent that +the structure is a hazard to the health, safety, or welfare of the +general public; +.IP " 2." 4 +A structure which is unfit for human occupancy due to the lack of +necessary repairs and is considered uninhabitable or is a hazard to the +health, safety, and welfare of the general public; +.IP " 3." 4 +A structure which is determined by the city council or administrative +officer of the city council to be an unsecured building, more than three +times within any 12-month period; +.IP " 4." 4 +A structure which has been boarded and secured as provided in 11 O.S. +§ 22-112.1, for more than six(6) consecutive months; or +.IP " 5." 4 +A structure declared by the city council to constitute a public +nuisance. +.LP +\f[I]Unsecured building\f[R] means any structure which is not occupied +by a legal or equitable owner thereof, or by a lessee of a legal or +equitable owner, and into which there are one or more unsecured openings +such as broken windows, unlocked windows, broken doors, unlocked doors, +holes in exterior walls, holes in the roof, broken basement or cellar +hatchways, unlocked basement or cellar hatchways or other similar +unsecured openings which would facilitate an unauthorized entry into the +structure. +.PP +(Prior Code, § 5-28, in part; Code 1999, § 8-301) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. +§ 22-112. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1017.22.pdf" -A "\c" \ + -- "1017.22" +\& on 11/7/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made" -A "\c" \ + -- "Sec 8-302 Report To Be Made" +\& +.LP +Any officer or employee of the city who discovers or receives a report +of a dilapidated building which has become detrimental to the health, +benefit and welfare of the public and the community or creates a fire +hazard to the danger of property, shall report such conditions to the +administrative officer. +.PP +(Prior Code, § 5-28, in part; Code 1999, § 8-302) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment" -A "\c" \ + -- "Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, Payment" +\& +.LP +The administrative officer may cause dilapidated buildings within the +city limits to be torn down and removed, in accordance with the +following procedure: +.IP " 1." 5 +At least ten days\[aq] notice shall be given to the owner of the +property before the city takes action or holds a hearing as provided +herein. +A copy of the notice shall be posted on the property to be affected. +In addition, a copy of the notice shall be sent by mail to the property +owner at the address shown by the current year\[aq]s tax rolls in the +office of the county treasurer. +Written notice shall also be mailed to any mortgage holder as shown by +the records in the office of the county clerk to the last-known address +of the mortgagee. +At the time of mailing of notice to any property owners or mortgage +holders, the city shall obtain a receipt of mailing from the postal +service, which receipt shall indicate the date of mailing and the name +and address of the mailee. +However, if neither the property owner nor mortgage holder can be +located, notice may be given by posting a copy of the notice on the +property, or by publication, as defined by 11 O.S. +§ 1-102. +Such notice may be published once not less than ten days prior to any +hearing or action to be taken pursuant to this section; +.IP " 2." 5 +A hearing shall be held by the administrative officer to determine +whether the property is dilapidated and has thereby become detrimental +to the health, benefit and welfare of the public and the community, or +creates a fire hazard to the danger of property; +.IP " 3." 5 +If the administrative officer finds that the condition of the property +constitutes a detriment or a hazard, and that the property would be +benefited by the removal of such conditions, the administrative officer +may cause the dilapidated building to be torn down and removed, and +shall fix reasonable dates for the commencement and completion of the +work. +The city clerk shall immediately file a notice of lien with the county +clerk describing the property, the findings of the administrative +officer at the hearing, and stating that the city claims a lien on the +property for the destruction and removal costs and that such costs are +the personal obligation of the property owner from and after the date of +filing of the notice; +.IP " 4." 5 +The property owner shall have a right of appeal to the city council from +an order of the administrative officer, and as provided by law. +The appeal shall be filed in writing with the city clerk within ten days +after the administrative order is rendered; +.IP " 5." 5 +If the work is not performed by the property owner within the dates +fixed by the administrative officer, the administrative officer shall +direct the tearing down and removal be done by one of the following +methods: +.RS 5 +.IP " 1." 4 +By the city; +.IP " 2." 4 +On a private contract basis, in which case it shall be awarded to the +lowest and best bidder; +.RE +.IP " 6." 5 +After the building has been torn down and removed, the administrative +officer shall determine the actual cost of the dismantling and removal +of dilapidated buildings, and any other expenses as may be necessary in +conjunction therewith, including the cost of notice and mailing. +The city clerk shall forward a statement of such actual cost +attributable to the dismantling and removal and a demand for payment by +mail to the property owner at the address specified in this section. +In addition, a copy of the statement shall be mailed to any mortgage +holder at the address specified in this section. +At the time of mailing of the statement of costs to any property owners +or mortgage holders, the city shall obtain a receipt of mailing from the +postal service, which receipt shall indicate the date of mailing and the +name and address of the mailee. +If the city dismantles or removes any dilapidated buildings, the cost to +the property owner shall not exceed the actual cost of the labor, +maintenance, and equipment required for the dismantling and removal of +the dilapidated buildings. +If dismantling and removal of the dilapidated buildings is done on a +private contract basis, the contract shall be awarded to the lowest and +best bidder if required to be competitively bid; +.IP " 7." 5 +If payment is not made within six months from the date of the mailing of +the statement, the city clerk shall forward a certified statement of the +amount of the cost to the county treasurer of the county in which the +property is located. +The city shall have a lien on the property for such costs, together with +interest thereon, and the lien shall continue until the cost shall be +fully paid as provided by law; +.IP " 8." 5 +When payment is made to the city for costs incurred, the city shall file +a release of lien or part thereof; +.IP " 9." 5 +The provisions of this section shall not apply to any property zoned and +used for agricultural purposes; and +.IP " 10." 5 +Nothing in this section shall prevent the city from otherwise abating a +dilapidated building as a nuisance or otherwise exercising its police +power to protect the public health, safety or welfare. +.LP +(Prior Code, § 5-28, in part; Code 1999, § 8-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed" -A "\c" \ + -- "Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been Removed" +\& +.LP +In all cases in which: +.IP " 1." 4 +A house or building has been removed before the taking effect of this +chapter; or +.IP " 2." 4 +A house or building is torn down or demolished pursuant to order of the +state fire marshal or one of his assistants or the sheriff of the county +or the chief of the fire department as provided by state law or as +provided in this chapter; +.LP +and in which any of the following conditions exist: +.IP " 1." 4 +The premises have not been cleaned up; +.IP " 2." 4 +The premises are cleaned up, and all lumber, brick, concrete, cement, +plaster, nails, wire, and other material have not been removed; +.IP " 3." 4 +The materials have been removed but the cellar space and excavations +have not been filled; +.IP " 4." 4 +A cistern or well has not been filled or safely and securely closed and +all openings to sanitary sewer have not been plugged to meet the +requirements of the city plumbing inspector and securely closed; and +.IP " 5." 4 +The lots have not been leveled and left entirely free from trash or the +same is not immediately done; +.LP +then the owners of the lots and the person, firm, or corporation who +tore down the house or building shall immediately comply with the +provisions of this chapter by having all of the things done. +.PP +(Code 1999, § 8-304) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure" -A "\c" \ + -- "Sec 8-305 Boarding And Securing Dilapidated Buildings, Procedure" +\& +.LP +After a building has been declared dilapidated as provided in this +chapter, and before the commencement of the tearing and removal of a +dilapidated building, the city may cause the building to be boarded and +secured in accordance with the following procedure. +The city may determine that a building is unsecured and order that such +building be boarded and secured in the manner provided for in this +section even though such building has not been declared by city to be +dilapidated. +.IP " 1." 5 +Before the city orders such action, at least ten days\[aq] notice that +such unsecured building is to be boarded and secured shall be given by +mail to any property owners and mortgage holders as provided in section +8-303. +At the time of mailing of notice to any property owners or mortgage +holders, the city clerk shall obtain a receipt of mailing from the +postal service, which receipt shall indicate the date of the mailing and +the name and address of the mailee. +A copy of the notice shall also be posted on the property to be +affected. +However, if neither the property owner nor mortgage holder can be +located, notice may be given by posting a copy of the notice on the +property or by publication as defined in 11 O.S. +§ 1-102. +Such notice shall be published one time, not less than ten days prior to +any hearing or action by the city pursuant to the provisions of this +section. +If the administrative officer anticipates summary abatement of a +nuisance in accordance with the provisions of this section, the notice +shall state that: any subsequent need for boarding and securing the +building within a six-month period after the initial boarding and +securing of the building pursuant to such notice may be summarily +boarded and secured by the city, that the costs of such boarding and +securing shall be assessed against the owner, and that a lien may be +imposed on the property to secure such payment, all without further +prior notice to the property owners or mortgage holders; +.IP " 2." 5 +The owner of the property may give his written consent to the city +authorizing the boarding and securing of such unsecured building and to +the payment of any costs incurred thereby. +By giving the written consent, the owner waives his right to a hearing +as provided in this section; +.IP " 3." 5 +If the property owner does not give his written consent to such actions, +a hearing may be held by the administrative officer to determine whether +the boarding and securing would promote and benefit the public health, +safety or welfare. +Such hearing may be held in conjunction with a hearing on the +accumulation of trash or the growth of weeds or grass on the premises of +such unsecured building held pursuant to this Code. +In making such determination, the administrative officer shall apply the +following standard: the administrative officer may order the boarding +and securing of the unsecured building when the boarding and securing +thereof would make such building less available for transient +occupation, decrease a fire hazard created by such building, or decrease +the hazard that such building would constitute an attractive nuisance to +children. +Upon making such a determination, the administrative officer may order +the boarding and securing of the unsecured building; +.IP " 4." 5 +After the administrative officer orders the boarding and securing of +such unsecured building, the city clerk shall immediately file a notice +of unsecured building and lien with the county clerk describing the +property, stating the findings of the city at the hearing at which the +building was determined to be unsecured, and stating that the city +claims a lien on the property for the costs of boarding and securing the +building and that such costs are the personal obligation of the property +owner from and after the date of filing the notice; +.IP " 5." 5 +Pursuant to the order of the administrative officer, the agents of the +city are granted the right of entry on the property for the performance +of the boarding and securing of such building and for the performance of +all necessary duties as a governmental function of the city; +.IP " 6." 5 +After an unsecured building has been boarded and secured, the +administrative officer shall determine the actual costs of such actions +and any other expenses that may be necessary in conjunction therewith, +including the cost of the notice and mailing. +The city clerk shall forward a statement of the actual costs +attributable to the boarding and securing of the unsecured building and +a demand for payment of such costs by mail to any property owners and +mortgage holders as provided in section 8-303. +At the time of mailing of the statement of costs to any property owners +or mortgage holders, the city clerk shall obtain a receipt of mailing +from the postal service, which receipt shall indicate the date of +mailing and the name and address of the mailee; +.IP " 7." 5 +If the city boards and secures any unsecured building, the cost to the +property owner shall not exceed the actual cost of the labor, materials +and equipment required for the performance of such actions. +If such actions are done on a private contract basis, the contract shall +be awarded to the lowest and best bidder; +.IP " 8." 5 +When payment is made to the city for costs incurred, the city clerk +shall file a release of lien, but if payment attributable to the actual +costs of the boarding and securing of the unsecured building is not made +within 30 days from the date of the mailing of the statement to the +owner of the property, the city clerk shall forward a certified +statement of the amount of the costs to the county treasurer of the +county in which the property is located. +The costs shall be levied on the property and collected by the county +treasurer as are other taxes authorized by law. +Until fully paid, the costs and the interest thereon shall be the +personal obligation of the property owner from and after the date the +notice of unsecured building and lien is filed with the county clerk. +The lien shall be coequal with the lien of ad valorem taxes and all +other taxes and special assessments and shall be prior and superior to +all other titles and liens against the property, and shall continue +until the costs and interest are fully paid. +At any time prior to collection as provided herein, the city may pursue +any civil remedy for collection of the amount owing and interest +thereon, including an action in personam against the property owner and +an action in rem to foreclose its lien against the property. +A mineral interest if severed from the surface owner shall not be +subject to any tax or judgment lien created pursuant to this section. +Upon receipt of payment in full, the city clerk shall forward to the +county treasurer a notice of such payment and direct discharge of the +lien; +.IP " 9." 5 +An appeal may be taken from the decision of the administrative officer +to the city council if filed in writing with the city clerk within ten +days after the administrative order is rendered; +.IP " 10." 5 +If the city causes a structure to be boarded and secured, in accordance +with the procedures provided for in this section, any subsequent need +for boarding and securing the property within a six-month period may be +declared a nuisance and may be summarily abated without prior notice to +the property owner. +At the time of such summary abatement, the city clerk shall notify the +property owner of the boarding and securing and of the costs thereof. +The notice shall state that the property owner may request a hearing +within ten days from the date of mailing the notice. +The notice and hearing shall be as provided in this section. +Unless otherwise determined at the hearing, the cost of such abatement +shall be determined and collected as provided in this section. +This section shall not apply if the records of the county clerk show +that the property was transferred after notice was given pursuant to +this section. +.LP +(Code 1999, § 8-305) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty" -A "\c" \ + -- "Sec 8-306 Penalty" +\& +.LP +Any person who shall violate any provision of this chapter, shall be +guilty of an offense against the city and, upon conviction thereof, +shall be punished as provided in section 1-108. +.PP +(Code 1999, § 8-306) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES" -A "\c" \ + -- "CHAPTER 8-4 ABANDONED, JUNK VEHICLES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions" -A "\c" \ + -- "Sec 8-401 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions" -A "\c" \ + -- "Sec 8-402 Prohibited Acts; Nuisances Declared; Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles" -A "\c" \ + -- "Sec 8-403 Permits For Reconstruction/Repair Of Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement" -A "\c" \ + -- "Sec 8-404 Procedures For Abatement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle" -A "\c" \ + -- "Sec 8-405 Presumption Of Abandoned, Junk Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property" -A "\c" \ + -- "Sec 8-406 Notice To Remove From Public Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property" -A "\c" \ + -- "Sec 8-407 Responsibility For Removal From Public Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property" -A "\c" \ + -- "Sec 8-408 Notice To Remove From Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing" -A "\c" \ + -- "Sec 8-409 Hearing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property" -A "\c" \ + -- "Sec 8-410 Removal Of Motor Vehicles From Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal" -A "\c" \ + -- "Sec 8-411 Notice Of Removal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal" -A "\c" \ + -- "Sec 8-412 Appraisal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles" -A "\c" \ + -- "Sec 8-413 Redemption Of Impounded Vehicles Or Motor Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal" -A "\c" \ + -- "Sec 8-414 Collection Of City\[aq]s Costs Of Removal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations" -A "\c" \ + -- "Sec 8-415 Penalty; Continuing Violations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts" -A "\c" \ + -- "Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain Districts" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles" -A "\c" \ + -- "Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, Vessels And Commercial Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions" -A "\c" \ + -- "Sec 8-418 Truck Parking Restricted In Residential Subdivisions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions" -A "\c" \ + -- "Sec 8-401 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicate a different meaning: +.PP +\f[I]Director\f[R] means the director of the community development +department. +.PP +\f[I]Enforcement officer\f[R] means the community development director, +code enforcement officer or any city police officer. +.PP +\f[I]Junk vehicle\f[R] means any motor vehicle or vehicle, as defined +herein, which is wrecked, dismantled, partially dismantled, inoperative, +abandoned, operable unlicensed or discarded, but does not include motor +vehicles or vehicles for which a permit has been obtained pursuant to +this chapter for so long as the terms and conditions of the permit are +in force and obeyed. +.PP +\f[I]Motor vehicle\f[R] means any vehicle which is self-propelled and +designed to travel along the ground or water and the term shall include, +but not be limited to, automobiles, boats, buses, motorbikes, +motorcycles, motorscooters, trucks, tractors, go-carts, and golf carts. +.PP +\f[I]Operable condition\f[R] means immediately capable of being legally +operated on a public street. +.PP +\f[I]Private property\f[R] means any real property within the city which +is not public property. +.PP +\f[I]Public property\f[R] means any real property which is dedicated to +the public use which the federal or any state or municipal government, +or any political subdivision thereof, owns or leases, or exercises +control and dominion over for public purposes. +.PP +\f[I]Vehicle\f[R] means a machine propelled by power other than human +power, designed to travel along the ground by use of wheels, treads, +runners, or slides and to transport persons or property or pull +machinery and includes, without limitation, automobiles, trucks, +trailers, motorcycles, tractors, buggys and wagons. +.PP +\f[I]Vessel\f[R] means every device, other than a seaplane on the water, +used or capable of being used as a means of transportation on water, +including, but not limited to, personal watercraft. +.PP +(Code 1999, § 8-401; Ord. +No. +454, 7-18-1988; Ord. +No. +460, 8-15-1988; Ord. +No. +360(02), 5-6-2002; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions" -A "\c" \ + -- "Sec 8-402 Prohibited Acts; Nuisances Declared; Exceptions" +\& +.IP " 1." 4 +It is unlawful and an offense for any person to park, store or leave, or +to permit the parking, storing, or leaving of, any junk vehicle of any +kind which is in an abandoned, operative unlicensed, wrecked, +dismantled, inoperative, rusted, junked, or partially dismantled +condition, whether attended or not, upon any private property within the +city for a period of time in excess of ten days. +.IP " 2." 4 +The presence of any junk vehicle or any abandoned, wrecked, dismantled, +inoperative, rusted, junked or partially dismantled vehicle or boat or +parts thereof on private property is hereby declared a public nuisance +which may be abated as such in accordance with the provisions of this +chapter. +.IP " 3." 4 +It shall be unlawful to paint any vehicle, motor vehicle, automobile, or +boat in any area of the city with a residential zoning classification as +designated in part 12. +.IP " 4." 4 +The provisions of subsections (A) and (B) of this section shall not +apply to any vehicle or motor vehicle: +.RS 4 +.IP " 1." 4 +Enclosed within a building on private property; +.IP " 2." 4 +Held in connection with a lawful business enterprise which is properly +operated as such business enterprise in the appropriate zone, pursuant +to the zoning provisions of this Code; +.IP " 3." 4 +In operable condition which is not a junk vehicle as defined herein. +.RE +.IP " 5." 4 +The provisions of subsection (C) of this section shall not apply to any +vehicle, motor vehicle, automobile, or boat held in connection with a +lawful business enterprise which is properly operated as such business +enterprise in the appropriate zone, pursuant to the zoning provisions of +this code. +.IP " 6." 4 +It shall be unlawful for the owner of a vehicle to make extensive auto +repairs on the property of another. +.IP " 7." 4 +Any tarp, cloth, canvas or other similar covering shall be allowed to +cover vehicles not meeting the definition of the term \[dq]junk\[dq] or +\[dq]abandoned\[dq] as defined herein. +However, such covering shall be kept in good condition at all times and +free from significant tears and holes. +.LP +(Code 1999, § 8-402; Ord. +No. +454, 7-18-1988; Ord. +No. +460, 8-15-1988; Ord. +No. +254(99), 4-5-1999; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles" -A "\c" \ + -- "Sec 8-403 Permits For Reconstruction/Repair Of Vehicles" +\& +.IP " 1." 4 +Any person desiring to: +.RS 4 +.IP " 1." 4 +Reconstruct; or +.IP " 2." 4 +Make repairs to an inoperable vehicle or motor vehicle; +for a period in excess of ten days may, upon making application to the +city, payment of an application fee, and compliance with the terms of a +permit, make repairs to such vehicle on a cement, asphalt or other +sealed driveway or space; and keeping such vehicle in a wholly enclosed +garage or other wholly enclosed structure between the hours of 10:00 +p.m. +and 7:00 a.m. +the following day pursuant to the terms of the permit. +.RE +.IP " 2." 4 +The application shall state that the owner, only, of such vehicle or +motor vehicle seeks to have a permit issued, permitting such vehicle or +motor vehicle to be on private property, owned or leased by the vehicle +owner, within the city in an inoperable, unlicensed or untagged +condition for a specific period of time. +All applications shall state with specificity how the reconstruction or +repairs shall be accomplished and contain deadlines for the completion +of each stage, which shall become part of the permit. +.IP " 3." 4 +No permit shall be issued unless the applicant agrees in the application +to allow the city to abate any violation of the terms of any permit +within ten days of the mailing by certified mail of a written demand to +do so. +.IP " 4." 4 +Initial permits for any vehicle or motor vehicle shall be issued for a +maximum period of six months, and may be extended for periods not to +exceed six months each upon successful completion of a full application +process for each and every renewal period. +.IP " 5." 4 +No permit shall be in force as to more than one person or one residence +at any time. +.IP " 6." 4 +Such vehicle or motor vehicle for which a permit has been issued shall +prominently display a sticker to be provided by the city, indicating the +permit number and its date of expiration. +The sticker may be physically inspected without notice by any officer of +the city between the hours of 9:00 a.m. +and 5:00 p.m., during weekdays, and the right to inspect shall be a +condition of the issuance of a permit. +.IP " 7." 4 +A permit may be revoked by the director upon reasonable notice and +opportunity for a hearing, if any of the terms of the permit are not +complied with. +.LP +(Code 1999, § 8-403; Ord. +No. +460, 8-15-1988; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement" -A "\c" \ + -- "Sec 8-404 Procedures For Abatement" +\& +.LP +The provisions for abatement of public nuisances contained in sections +8-101 through 8-119 shall not apply to junk vehicles or to those which +are in abandoned, wrecked, dismantled, inoperative, rusted, junked, or +partially dismantled condition, whether attended or not, upon any public +property within the city for a period of time in excess of 24 hours. +The notice, hearing and abatement shall be pursuant to the procedures +described herein for public nuisance on public property. +.PP +(Code 1999, § 8-404; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle" -A "\c" \ + -- "Sec 8-405 Presumption Of Abandoned, Junk Vehicle" +\& +.LP +A rebuttable presumption shall exist that vehicles have been abandoned +or fall within the definition of a junk vehicle when: +.IP " 1." 4 +Weed or grass undergrowth would indicate to a reasonable person that the +vehicle has not been moved, thereby permitting such growth to occur; +.IP " 2." 4 +One or more wheels are flat or missing or the vehicle or boat displays +an expired license; +.IP " 3." 4 +Portions of the vehicle which are needed for its street legal operation +or control are missing, including, but not limited to, missing, broken, +or inoperable headlights, taillights, and/or turn signals; +.IP " 4." 4 +The city has received reports from others as to the length of time such +vehicle has been standing in one place without being moved, or that +parts are being taken from or added to such vehicle, indicating a +salvage or garage operation; +.IP " 5." 4 +Evidence exists that provisions of this Code pertaining to zoning or to +junk and salvage yards are being violated; +.LP +provided, however, the owner/operator may rebut the presumption by +driving the vehicle a distance of at least 30 feet on a public street in +the presence of an enforcement officer. +.PP +(Code 1999, § 8-405; Ord. +No. +454, 7-18-1988; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property" -A "\c" \ + -- "Sec 8-406 Notice To Remove From Public Property" +\& +.LP +Whenever it comes to the attention of the director or enforcement +officer that any junk vehicle, as defined herein, exists as a public +nuisance in the city, a notice in writing shall be served upon the +occupant of the land where the nuisance exists, or in the event that +there is no such occupant, then upon the owner of the property or his +agent, notifying them of the existence of the nuisance and requesting +its removal in the time specified in this chapter. +A written, public nuisance \[dq]Notification to Remove\[dq] shall be +placed on the vehicle advising the owner of the violation of this Code +and of the 24 hours to remove the nuisance from the public property. +Concurrent with the abatement notice placed on the vehicle or motor +vehicle, the owner of the vehicle or motor vehicle may be issued a +citation. +Failure to remove the vehicle or motor vehicle shall be an offense, and +shall be punishable as provided in section 1-108. +.PP +(Code 1999, § 8-406; Ord. +No. +454, 7-18-1988; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property" -A "\c" \ + -- "Sec 8-407 Responsibility For Removal From Public Property" +\& +.LP +Upon proper notice and opportunity to be heard, the owner of the junk +vehicle or other abandoned, wrecked, dismantled, or inoperative vehicle +or boat on public property shall be liable for all expenses reasonably +incurred by the removal and disposition. +.PP +(Code 1999, § 8-407; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property" -A "\c" \ + -- "Sec 8-408 Notice To Remove From Private Property" +\& +.IP " 1." 4 +The enforcement officer shall give notice of removal to the owner or +occupant of the private property where any junk vehicle or any +abandoned, wrecked, dismantled or inoperative vehicle or boat is located +at least ten days before the time set for compliance. +Minimum standards of due process require that administrative proceedings +which may directly and adversely affect legally protected interests be +preceded by notice calculated to provide knowledge of the exercise of +adjudicative power and an opportunity to be heard. +Notice will be by certified mail addressed to the vehicle owner and +owner of the private property, if different from the vehicle owner, +return receipt requested. +When certified mail is returned unclaimed, a reasonable effort shall be +made to determine if another address for the vehicle and/or property +owner may be found before undertaking removal. +.IP " 2." 4 +The notice to remove shall contain the demand for removal within ten +days, and the notice to remove shall state that, upon failure to comply +with the notice to remove, the city shall prosecute a criminal complaint +for failure to abate the nuisance or undertake such removal with the +cost to be levied against the owner of the junk vehicle or the occupant +of the property. +.LP +(Code 1999, § 8-408; Ord. +No. +454, 7-18-1988; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing" -A "\c" \ + -- "Sec 8-409 Hearing" +\& +.IP " 1." 4 +Any person to whom any notice to remove is directed pursuant to the +provisions of this chapter or any other interested party, or any duly +authorized agent thereof, may file a written request for hearing before +the director within the ten-day compliance period, for the purpose of +contesting the city\[aq]s demand for removal. +The director, chief of police or his designee and the city attorney or +his designee shall constitute a hearing board to hear the request. +.IP " 2." 4 +The hearing shall be held as soon as practicable, but not earlier than +five days after receipt of the request, and not later than 15 days after +such receipt. +Notice of the time and place of hearing shall be directed to the person +making the request. +At any such hearing the city and the person to whom notice has been +directed may introduce witnesses and evidence. +.IP " 3." 4 +Persons to whom the notice to remove is directed pursuant to the +provisions of this chapter, or their duly authorized agent, may appear +in municipal court pursuant to the citation and summons. +Those convicted of failing to abate a public nuisance pursuant to this +chapter shall be assessed court costs in addition to any other penalty +assessed by the municipal court. +If the public nuisance is abated prior to the hearing date stated on the +summons, and the person issued the summons to appear in municipal court +signs an affidavit before the court clerk attesting to the abatement, +the city attorney may recommend to the municipal court that charges be +dropped. +.LP +(Code 1999, § 8-409; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property" -A "\c" \ + -- "Sec 8-410 Removal Of Motor Vehicles From Property" +\& +.LP +If the violation described in the notice to remove has not been remedied +within the ten-day period of compliance, or in the event that a notice +requesting hearing is timely filed, a hearing had, and the existence of +the violation is affirmed by the director or his designee, the city +attorney shall institute and prosecute additional charges on a daily +basis, for failure to abate the nuisance, and the city shall, in the +discretion of the enforcement officer, take possession of the junk +vehicle and remove it from the premises. +It shall be unlawful for any person to interfere with or hinder anyone +whom the city or the director authorizes to enter upon private property +for the purpose of removing a vehicle under the provisions of this +chapter. +.PP +(Code 1999, § 8-410; Ord. +No. +454, 7-18-1988; Ord. +No. +653(09), 8-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal" -A "\c" \ + -- "Sec 8-411 Notice Of Removal" +\& +.LP +Within 48 hours of the removal of such junk vehicle, the director or his +designee shall give notice to the registered owner of the junk vehicle, +if known, that the vehicle or motor vehicle was removed and that the +vehicle or motor vehicle has been impounded and stored for violation of +this chapter. +The notice shall give the location where the vehicle is stored and the +proper procedure for redeeming the vehicle, including cost of +redemption. +.PP +(Code 1999, § 8-411; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal" -A "\c" \ + -- "Sec 8-412 Appraisal" +\& +.LP +Upon removing a junk vehicle under the provisions of this chapter, the +city shall, after ten days, cause it to be appraised. +If the vehicle or boat appraises at $75.00 or less, the director or his +designee shall execute an affidavit so attesting and describing the +vehicle or motor vehicle, including the license plates, if any, and +stating the location and appraised value of the vehicle or motor +vehicle. +After complying with the above, the city may summarily dispose of the +vehicle or boat and execute a bill of sale. +If the vehicle or boat is appraised at over $75.00, notice of public +sale shall be given not less than ten days before the date of the +proposed sale. +.PP +(Code 1999, § 8-412; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles" -A "\c" \ + -- "Sec 8-413 Redemption Of Impounded Vehicles Or Motor Vehicles" +\& +.LP +The owner of any vehicle or motor vehicle impounded under the provisions +of this chapter may redeem such vehicle or motor vehicle at any time +after its removal, but prior to the sale or destruction thereof, upon +proof of ownership and payment to the city clerk of such sum as may be +determined by the director and fixed as the actual and reasonable +expense of removal, plus storage. +.PP +(Code 1999, § 8-413; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal" -A "\c" \ + -- "Sec 8-414 Collection Of City\[aq]s Costs Of Removal" +\& +.IP " 1." 4 +Upon the failure of the owner or occupant of property on which junk +vehicles have been removed by the city to pay the unrecovered expense +incurred by the city in such removal, the amount of the unrecovered cost +may be added to the municipal utility bills directed to the occupants of +the private property from which the junk vehicle was removed, and may be +recovered in the same manner of such utility bills. +.IP " 2." 4 +If the private property is not served by the municipal utilities, or if +collection efforts are not successful, the costs may be certified by the +city clerk to the county clerk, who shall add the same to the ad valorem +taxes assessed against the property, until paid, and shall be collected +in the same manner as ad valorem taxes against the property; and when +collected shall be paid to the city. +.LP +(Code 1999, § 8-414; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations" -A "\c" \ + -- "Sec 8-415 Penalty; Continuing Violations" +\& +.LP +In addition to the procedures for removal of vehicles, any person who +shall violate any of the provisions hereof shall, upon conviction, be +deemed guilty of an offense against the city. +Each act in violation of any of the provisions hereof shall constitute a +separate offense and may be chargeable as such. +Each day\[aq]s continued violation of any of the provisions hereof shall +constitute a separate offense and may be punishable as such as provided +in section 1-108. +.PP +(Code 1999, § 8-415; Ord. +No. +454, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts" -A "\c" \ + -- "Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain Districts" +\& +.IP " 1." 4 +In the following zoning classifications, Single-Family R-1, Two-Family +Dwelling R-2, General Residential R-3, Multiple Family Dwelling R-4, and +Mobile Home Dwelling R-5, vehicles shall be parked in the following +manner: +.RS 4 +.IP " 1." 4 +Vehicles shall be parked on a permanent hard surfaced (paved) driveway +or parking area meeting the requirements of this section; +.IP " 2." 4 +A parking area shall be of a pad or slab type design at least equal to +the length and width of the vehicle with no ground exposed underneath +the vehicle. +.RE +.IP " 2." 4 +Whenever any vehicle without a driver is found parked or stopped in +violation of any of the restrictions imposed by this section, the code +enforcement officer or police officer finding the vehicle shall take its +registration number and may take any other information displayed on the +vehicle which may identify its owner, and shall conspicuously affix to +the vehicle a citation in written form, provided by the city, for the +owner of the vehicle to answer to the charge against him within ten days +at the time and place specified in the citation. +The issuing officer shall deliver a copy to the municipal court clerk. +Any owner found in violation of this section shall be punished according +to section 1-108. +Nothing in this section shall prevent the code enforcement officer or +police officer from issuing a warning to the vehicle owner that they are +in violation of this section. +.IP " 3." 4 +In any prosecution charging a violation of this section, proof that the +vehicle described in the citation was parked in violation of this +section, together with proof that the defendant named in the citation +was, at the time the citation was issued, the registered owner of the +vehicle, shall constitute in evidence a prima facie presumption that the +registered owner of the vehicle was the person who parked or placed the +vehicle at the point where, and for the time during which, the violation +occurred. +.LP +(Code 1999, § 8-416; Ord. +No. +117(95), 3-20-1995; Ord. +No. +141(95), 1-2-1996; Ord. +No. +359(02), 5-6-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles" -A "\c" \ + -- "Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, Vessels And Commercial Vehicles" +\& +.IP " 1." 4 +Commercial vehicles, trailers of all types, including camping and +hauling, mobile homes, recreational vehicles and vessels shall not be +parked or stored on any lot occupied by a dwelling or on any lot in any +residential district except in accordance with the following provisions: +.RS 4 +.IP " 1." 4 +Not more than one commercial vehicle, which does not exceed 1½ tons +rated capacity, per family living on the premises, shall be permitted, +and in no case shall a commercial vehicle used for hauling explosives, +gasoline or liquefied petroleum products be permitted; +.IP " 2." 4 +Not more than one camping or travel trailer or hauling trailer, +recreational vehicle or vessel per family living on the premises shall +be permitted which shall not be parked on or in the public utility, +street or highway. +The term \[dq]street\[dq] or \[dq]highway\[dq] means all streets, +highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges +and the approaches thereto, alleys, courts, places, squares, curbs, +sidewalks, recreations or parklands used for vehicular traffic, or other +parkways or thoroughfares in the city over which it has jurisdiction, +which have been or may hereafter be dedicated and open to public use, or +such other public property so designated in any law of the state, +provided that the trailer, recreational vehicle or vessel shall not be +parked or stored for more than 48 hours unless it is located behind the +front yard building line. +Vehicles commonly known as recreational vehicles shall be parked on a +sealed surface complying with section 8-416. +In the event it is impossible to park the trailer, recreation vehicle or +vessel behind the front building, the trailer, recreational vehicle or +vessel may be parked in front of the front building line so long as the +trailer, recreational vehicle, or vessel does not create a traffic +hazard and the trailer, recreational vehicle or vessel is parked on a +sealed surface complying with section 8-416. +A camping trailer or recreational vehicle shall not be occupied either +temporarily or permanently while it is parked or stored in any area +within the incorporated limits except in a mobile home park authorized +under the ordinance of the city; +.IP " 3." 4 +A mobile home shall be parked or stored only in a mobile home park which +is in the conformity with the ordinances of the city; and +.IP " 4." 4 +A travel trailer or manufactured home may be parked and used, with +hookup of all utilities, for the office and living quarters only of a +security officer or guard on the premises on which the manufactured home +is parked and used, provided that the security officer or guard is +C.L.E.E.T. +certified. +An occupancy permit shall be obtained from the community development +department prior to occupancy of any trailer or manufactured home for +security purposes. +.RE +.LP +(Prior Code, app. +B, § 16-92; Code 1999, § 8-417; Ord. +No. +61(93), 9-20-1993; Ord. +No. +296(00), 11-20-2000; Ord. +No. +361(02), 5-6-2002; Ord. +No. +476(04), 9-7-2004) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions" -A "\c" \ + -- "Sec 8-418 Truck Parking Restricted In Residential Subdivisions" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Bus\f[R] means any vehicle designed for carrying more than 18 +passengers and used for the transportation of persons; and every motor +vehicle, other than a taxicab, designed and used for the transportation +of persons for compensation excluding school buses owned and operated by +public or private schools or school districts and church buses from 6:00 +a.m. +to 6:00 p.m. +.br +\f[I]Pole trailer\f[R] means every vehicle without motive power designed +to be drawn by another vehicle and attached to the towing vehicle by +means of a reach or pole, or by being boomed or otherwise secured to the +towing vehicle, and ordinarily used for transporting long or irregular +shaped loads such as poles, pipes, or structural members capable, +generally, of sustaining themselves as beams between the supporting +connections. +.br +\f[I]Tank vehicle\f[R] means any commercial motor vehicle designed to +transport any liquid or gaseous materials within a tank that is either +permanently or temporarily attached to the vehicle or the chassis. +Such vehicles include, but are not limited to, cargo tanks and portable +tanks as defined by 49 CFR 171; provided, however, the term \[dq]tank +vehicle\[dq] shall not include a portable tank having rated capacity of +under 1,000 gallons. +.br +\f[I]Truck\f[R] means any truck above 1 1/2 tons rated capacity or +truck-tractor with or without a semi-trailer or pole trailer attached or +any other combination of vehicles. +.IP " 2." 4 +It is unlawful for any truck, bus, semi-trailer, pole trailer, or tank +vehicle to be parked or stored on public or private property within an +area zoned for residential used or other zoning districts within 300 +feet of residential subdivisions except for purposes of loading and +unloading. +.IP " 3." 4 +The following trucks or buses are exempt from the 300-foot restriction +subsection (B) of this section: +.RS 4 +.IP " 1." 4 +Those used in business lawfully established within commercial or +industrial zoning districts; +.IP " 2." 4 +Those used for farming by the owner or occupant in agricultural zoning +districts; or +.IP " 3." 4 +Buses operated by schools and churches within residential zones. +.RE +.LP +(Code 1999, § 8-418; Ord. +No. +507, 2-8-1990; Ord. +No. +150(96), 4-1-1996; Ord. +No. +362(02), 5-6-2002) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631905498_ordinance%20982.21.pdf" -A "\c" \ + -- "982(21)" +\& 08/02/2021 on 8/2/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH" -A "\c" \ + -- "CHAPTER 8-5 LITTER AND TRASH" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions" -A "\c" \ + -- "Sec 8-501 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally" -A "\c" \ + -- "Sec 8-502 Prohibited Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited" -A "\c" \ + -- "Sec 8-503 Littering And Spilling From Vehicles Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash" -A "\c" \ + -- "Sec 8-504 Refuse, Rubbish And Trash" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways" -A "\c" \ + -- "Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And Roadways" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials" -A "\c" \ + -- "Sec 8-506 Businesses To Provide Facilities For Disposal Of Materials" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials" -A "\c" \ + -- "Sec 8-507 Removal Of Spilled Materials" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash" -A "\c" \ + -- "Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or Trash" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions" -A "\c" \ + -- "Sec 8-509 Unlawful Hauling, Dumping, Presumptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises" -A "\c" \ + -- "Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or To Remain On Premises" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property" -A "\c" \ + -- "Sec 8-511 Duty Of Maintenance Of Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated" -A "\c" \ + -- "Sec 8-512 Disposal Of Vehicle Or Mechanical Devices Regulated" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement" -A "\c" \ + -- "Sec 8-513 Offenses And Abatement" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions" -A "\c" \ + -- "Sec 8-501 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Litter\f[R] means trash, refuse, rubbish and all like material. +.PP +\f[I]Refuse\f[R] means all putrescible and nonputrescible solid wastes, +including ashes, dead animals, solid market and industrial wastes and +all like material. +.PP +\f[I]Roadway\f[R] means any avenue, street, road, alley or other public +way within the city. +.PP +\f[I]Rubbish\f[R] means nonputrescible solid wastes consisting of both +combustible and noncombustible wastes, in solid or semisolid form, +including, but not limited to, dirt, ashes or incinerator residue, +street wastes, demolition wastes, industrial wastes, tin cans, wood, +leaves, glass, pieces of iron and other metals and like similar +material. +.PP +\f[I]Trash\f[R] means any refuse, litter, debris, paper, combustible +materials, rubbish, offal, waste or matter of any kind of form which is +uncared for, discarded or abandoned. +.PP +\f[I]Vehicle\f[R] means every device in, upon, or by which any person or +property is or may be transported or drawn. +.PP +(Code 1999, § 8-501; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally" -A "\c" \ + -- "Sec 8-502 Prohibited Generally" +\& +.LP +No person shall throw, place, leave, drop, put or otherwise abandon +litter upon any public property, private property or roadway except as +otherwise specifically permitted in this Code. +.PP +(Code 1999, § 8-502; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited" -A "\c" \ + -- "Sec 8-503 Littering And Spilling From Vehicles Prohibited" +\& +.IP " 1." 4 +No driver or operator of a vehicle shall commit, or permit to be +committed, from the operator\[aq]s vehicle any of the acts prohibited in +section 8-502. +.IP " 2." 4 +No vehicle shall be driven or moved on any roadway unless such vehicle +is so constructed or loaded as to prevent any of its load from escaping +from the vehicle by dropping, shifting, leaking, blowing or otherwise, +except that salt or sand may be dropped for the purpose of securing +traction, or water or other substances may be used on a roadway in +cleaning or maintaining such roadway. +.IP " 3." 4 +No person shall operate on any roadway any vehicle with any load unless +the load and any covering thereon is securely fastened so as to prevent +the covering or load from becoming loose, detached or in any manner a +hazard to other users of the roadway or others. +.IP " 4." 4 +No person shall operate on any roadway any vehicle loaded with sand, +cinders, dirt, gravel or other loose material susceptible to blowing or +escaping unless such load is covered or dampened so as to prevent the +blowing or escaping of the load from the vehicle. +.IP " 5." 4 +No person shall operate, or cause to be operated, a vehicle, any part of +which is covered or laden with dirt, mud, gravel, sand, clay or other +material from any construction, excavation, parking or other site, in +such a manner or condition that the material will become tracked or +shall fall upon the roadway; provided, however, that the provisions of +this subsection shall not apply to persons who must enter upon improved +or paved roadways from unimproved or non-paved roadways or residential +driveways. +.LP +(Code 1999, § 8-503; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash" -A "\c" \ + -- "Sec 8-504 Refuse, Rubbish And Trash" +\& +.IP " 1." 4 +No person shall place or cause to be placed in or upon any public ground +or easement any refuse, rubbish or trash unless it is in suitable +receptacles to be disposed of in a regular and proper manner pursuant to +city ordinances. +.IP " 2." 4 +No person doing work or making excavations shall place or cause to be +placed any dirt, refuse, or rubbish therefrom onto any roadway or +sidewalk. +.IP " 3." 4 +No person shall sweep, throw, or abandon in any manner or cause to be +swept, thrown, or abandoned into or upon any lot or piece of ground, +whether the lot or ground shall belong to himself or another, any trash +of any kind whatever, which can be, or is likely to be, blown by the +wind along the city\[aq]s roadways or sidewalks. +.LP +(Code 1999, § 8-504; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways" -A "\c" \ + -- "Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And Roadways" +\& +.LP +No owner, occupant or agent of any land abutting upon any public +property shall allow dirt, earth or any rubbish from the land to fall, +or wash, upon any part of the public property. +.PP +(Code 1999, § 8-505; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials" -A "\c" \ + -- "Sec 8-506 Businesses To Provide Facilities For Disposal Of Materials" +\& +.LP +Each person who owns, manages, leases, or operates any business +establishment within the city which delivers, sells or provides products +to customers for consumption or use on or off the premises shall provide +suitable containers, adequate in number and location, for the disposal +of any product or their wrappings, or parts thereof, abandoned, dropped, +left, put or placed on the premises; and shall maintain the outside +premises of the business establishment free from such product, wrappings +or parts thereof or other discarded items associated with the conduct of +the business. +.PP +(Code 1999, § 8-506; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials" -A "\c" \ + -- "Sec 8-507 Removal Of Spilled Materials" +\& +.IP " 1." 4 +All litter, refuse, rubbish or dirt deposited or spilled from a vehicle +on any public property or roadway shall be immediately removed by either +the driver or other person in charge of the vehicle. +The person by whom such driver or other person is employed shall be +likewise responsible for removal. +The failure to immediately remove all of the material or earth so +deposited or spilled shall render both the driver or other person in +charge and the person by whom they are employed subject to punishment as +provided herein. +.IP " 2." 4 +Each day that such material or dirt so wasted or spilled remains on the +public property shall constitute a separate and distinct offense. +.LP +(Code 1999, § 8-507; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash" -A "\c" \ + -- "Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or Trash" +\& +.LP +No person shall, without first securing a written permit from the city +or the county health department, dump or deposit any rubbish, refuse or +trash, or similar material, on any public or private property or haul or +carry and dump or deposit any such materials within the city\[aq]s +limits for the purpose either of filling low ground or disposing of the +materials. +Nothing in this section shall prohibit the otherwise lawful hauling and +dumping of dirt, sand, rock and gravel for landfill purposes. +.PP +(Code 1999, § 8-508; Ord. +No. +452, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions" -A "\c" \ + -- "Sec 8-509 Unlawful Hauling, Dumping, Presumptions" +\& +.IP " 1." 4 +There is a prima facie presumption that the registered owner of a +vehicle committed a violation. +In any prosecution charging a violation of section 8-508, proof that the +particular vehicle described in the complaint was used for the purpose +of unlawfully hauling or dumping of rubbish, refuse or trash as +prohibited therein, together with proof that the individual named in the +complaint was at the time of the violation the registered owner of the +vehicle, shall constitute in evidence a prima facie presumption that the +registered owner of the vehicle was the person who committed the +violation. +.IP " 2." 4 +There is a prima facie presumption that a person whose address appears +on three or more items of unlawfully disposed of refuse matter committed +violation. +In any prosecution charging a violation of section 8-508, proof that +unlawfully disposed of refuse matter as described therein which contains +three or more items bearing a common address in a form which tends to +identify the latest owner of the items shall be a prima facie +presumption that all competent persons residing at such address +committed the unlawful act of disposal, provided that one of the items +of solid waste bears a date subsequent to August 1, 1988. +.IP " 3." 4 +Any person found to be in violation of section 8-508 shall be punished +as provided in section 1-108. +Notwithstanding the penalty provided for in this section, the municipal +court may also require the person to remove the rubbish, refuse or trash +or similar material. +Failure to comply with the court\[aq]s order as directed shall be deemed +a separate offense and, upon conviction, the person shall be punished as +provided in section 1-108 for each day the rubbish, refuse or trash +remains past the date established by the municipal court for its +removal. +.LP +(Code 1999, § 8-509; Ord. +No. +452, 8-1-1988; Ord. +No. +229(98), 4-6-1998) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises" -A "\c" \ + -- "Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or To Remain On Premises" +\& +.LP +No owner or occupant of lands or lots shall knowingly permit the +throwing or dumping upon his premises of any litter, or permit such +materials to remain on his premises for more than ten days after being +notified to remove them by the city or county health department, whether +or not the owner or occupant shall have known of or permitted the +throwing or depositing. +.PP +(Code 1999, § 8-510; Ord. +No. +452, 8-1-1988; Ord. +No. +537, 9-4-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property" -A "\c" \ + -- "Sec 8-511 Duty Of Maintenance Of Private Property" +\& +.LP +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or keep any litter or similar +material, except dirt, thereon; nor shall such person allow the +accumulation of the material, notwithstanding such person did not permit +the accumulation; nor shall any such person keep or maintain such +premises in a manner causing substantial diminution in the value of the +other property in the neighborhood in which premises are located. +No prosecution may be undertaken under this section until such person +shall have been given ten days\[aq] notice by the city to abate fully +any alleged deficiency. +.PP +(Code 1999, § 8-511; Ord. +No. +452, 8-1-1988; Ord. +No. +537, 9-4-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated" -A "\c" \ + -- "Sec 8-512 Disposal Of Vehicle Or Mechanical Devices Regulated" +\& +.LP +No person shall discharge or dispose of any crank case, radiator, or +transmission drainings, from any vehicle or other mechanical device, +into the sanitary sewer system, storm drainage system, or upon any +public or private property or roadway. +.PP +(Code 1999, § 8-512; Ord. +No. +25(92), 5-4-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement" -A "\c" \ + -- "Sec 8-513 Offenses And Abatement" +\& +.IP " 1." 4 +Violation of any of the provisions of this chapter shall be an offense, +and any person violating such provisions shall be deemed guilty of an +offense and, upon conviction, shall be punished as provided in section +1-108. +.IP " 2." 4 +Upon ten days\[aq] written notice, served upon a person to be charged, +the city may abate as a public nuisance any condition prohibited under +this chapter pursuant to any other provision of this Code or state law, +which shall be cumulative. +.LP +(Code 1999, § 8-513; Ord. +No. +452, 8-1-1988; Ord. +No. +25(92), 5-4-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS" -A "\c" \ + -- "CHAPTER 8-6 FOOD AND MILK REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION" -A "\c" \ + -- "ARTICLE 8-6A FOOD SERVICE SANITATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS" -A "\c" \ + -- "ARTICLE 8-6B MILK AND MILK PRODUCTS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION" -A "\c" \ + -- "ARTICLE 8-6A FOOD SERVICE SANITATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted" -A "\c" \ + -- "Sec 8-601 Regulations Adopted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally" -A "\c" \ + -- "Sec 8-602 Food Service Licenses Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses" -A "\c" \ + -- "Sec 8-603 Temporary, Seasonal And Mobile Food Vendor Licenses" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits" -A "\c" \ + -- "Sec 8-604 Food Handler\[aq]s Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited" -A "\c" \ + -- "Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales" -A "\c" \ + -- "Sec 8-606 Outside Sales" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited" -A "\c" \ + -- "Sec 8-607 Sale Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food" -A "\c" \ + -- "Sec 8-608 Not To Maintain Adulterated Or Misbranded Food" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such" -A "\c" \ + -- "Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As Such" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food" -A "\c" \ + -- "Sec 8-610 Examination Of Food" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided" -A "\c" \ + -- "Sec 8-611 Sample To Be Provided" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives" -A "\c" \ + -- "Sec 8-612 Poisonous Preservatives" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees" -A "\c" \ + -- "Sec 8-613 Sleeping Areas Of Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection" -A "\c" \ + -- "Sec 8-614 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized" -A "\c" \ + -- "Sec 8-615 Destruction Authorized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served" -A "\c" \ + -- "Sec 8-616 Places Where Food Is Sold Or Served" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal" -A "\c" \ + -- "Sec 8-617 Acts Of Agents Deemed Act Of Principal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty" -A "\c" \ + -- "Sec 8-618 Penalty" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Requirements of food establishments, +63 O.S. +§ 1-1101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted" -A "\c" \ + -- "Sec 8-601 Regulations Adopted" +\& +.LP +The latest edition of the \[dq]Oklahoma State Department of Health Rules +and Regulations pertaining to Food Establishments\[dq] is hereby adopted +and incorporated by reference in this Code. +At least one copy of the rules and regulations shall be on file in the +office of the city clerk. +The rules and regulations shall govern except in case of conflict with +the provisions of this article, in which case the more restrictive terms +shall prevail. +.PP +(Prior Code, §§ 12-36, 12-56 et seq.; Code 1999, § 8-601) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally" -A "\c" \ + -- "Sec 8-602 Food Service Licenses Generally" +\& +.LP +No person shall operate a food service establishment that does not have +a valid annual or mobile license issued to it. +Only an establishment which complies with the requirements of this Code +shall be entitled to receive or retain such a license. +Licenses are not transferable. +A valid license shall be posted in every food service establishment. +.PP +(Prior Code, §§ 12-37, 12-39; Code 1999, § 8-602) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326237_Ordinance%20No.%20796%20(15).pdf" -A "\c" \ + -- "796(15)" +\& on 8/3/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses" -A "\c" \ + -- "Sec 8-603 Temporary, Seasonal And Mobile Food Vendor Licenses" +\& +.IP " 1." 4 +A temporary and seasonal food and beverage vendor is a person, +partnership, corporation or other form of business entity which offers +for sale to the general public, either for consumption on or off any +premises, food or beverage in a context normally associated with, or +constituting, food booths, carnivals, circuses, community festivals, +snow cone stands, and barbecue stands during the months of May through +September, or during other specified times as approved by the community +development director. +.IP " 2." 4 +\f[I]Zoning and building regulations\f[R]. +.RS 4 +.IP " 1." 4 +No temporary and seasonal food beverage vendor shall operate or conduct +sales in the city, unless licensed in compliance with the zoning +regulations, part 12 of the Moore City Code including uses allowed +within specified zoning districts, setback requirements and adequate +parking facilities. +.IP " 2." 4 +All water and sewer service shall be provided by permanent connections +to city municipal water and sewer service and meet all requirements of +the adopted plumbing codes and utility connection requirements. +.IP " 3." 4 +Permanent electrical service shall be provided and shall meet adopted +electrical codes. +.IP " 4." 4 +Structures with permanent utility connections shall be secured on an +approved foundation with approved anchoring/tie down methods. +.IP " 5." 4 +Restroom facilities shall be required on-site. +A written agreement with a business operating on the same site allowing +use of an existing restroom during all business hours may be submitted +for community development director review and approval. +.IP " 6." 4 +Occupancy permit application and approval is required and shall be +approved by the building official, fire marshal and community +development director. +.RE +.IP " 3." 4 +Approval from the county health department shall be required and proof +of which shall be presented to the city. +All temporary and seasonal food and beverage vendors shall be open to +the inspection by state, county and city officials during the normal +business hours of the vendor\[aq]s operations. +.IP " 4." 4 +A mobile temporary food service license shall be for facilities that are +vehicle-mounted and readily moveable. +A person desiring to operate a mobile food service establishment may +apply for either a one day, 30-day or 180-day mobile temporary food +vendor license at least 24 hours prior to any sales at said +establishment. +This temporary license shall be issued by the city clerk following +approval of the application by the county health authority and city +clerk. +The temporary license may be renewed for an additional 180 days +following approval by the county health authority and city clerk. +.IP " 5." 4 +\f[I]Application process\f[R]. +.RS 4 +.IP " 1." 4 +Applicants for a permit under this section must file with the city clerk +a (verified) sworn application in writing on a form to be furnished by +the city clerk, which shall give the following information: +.RS 4 +.IP " 1." 5 +Name and description of applicant. +.IP " 2." 5 +Address. +.IP " 3." 5 +Brief description of business, goods to be sold, and location desired. +.IP " 4." 5 +Time period for which the applicant wishes to do business. +.IP " 5." 5 +License number and description of vehicle to be used, if any. +.IP " 6." 5 +Verification that applicant is bonded as group II vendor by the state +tax commission or other proof that sales tax has been or is being paid +on the merchandise sold or to be sold, if applicable. +.IP " 7." 5 +Proof that a county health permit and inspection has been obtained. +.IP " 8." 5 +At time of filing, the fee as provided in the fee schedule shall be paid +to the city clerk. +.IP " 9." 5 +Each applicant, if the applicant does not operate a fixed, permanent +restaurant within the city, shall file with the application a +certificate of insurance from the appropriate insurer that the applicant +has general liability and vehicular insurance in the amount required by +the state. +.IP " 10." 5 +Detailed map of location to where the vehicle will be placed. +.RE +.IP " 2." 4 +The city clerk shall review the application to ensure: +.RS 4 +.IP " 1." 4 +The applicant is aware of his responsibility to collect and pay sales +tax and that the applicant is properly registered with the state tax +commission. +If the applicant is not properly registered with the state tax +commission, the permit will not be issued. +.IP " 2." 4 +That a valid county health permit and inspection is obtained. +.RE +.IP " 3." 4 +Within seven days after receipt of the application, the city clerk shall +either approve or disapprove of the application. +.RS 4 +.IP " 1." 4 +If the application is approved, the clerk shall issue the permit within +three days after the approval. +.IP " 2." 4 +If the application is not approved, the city clerk must state with +specificity the reasons for non-approval and the city clerk shall notify +the applicant within three days after non-approval. +A notice sent to the proper mailing address shown on the application +shall be adequate notification to the applicant. +.RE +.RE +.IP " 6." 4 +\f[I]Conditions of permit issuance\f[R]. +.RS 4 +.IP " 1." 4 +All mobile temporary food vendors must have the permission of the +property owner prior to operating on the subject property. +City staff will approve the location and placement of the vehicle at +city events. +.IP " 2." 4 +No mobile temporary food vendor may stop for longer than 12 hours at a +single location or address in a 24-hour period. +A single location or address shall include a single parking lot shared +by multiple businesses. +This subsection shall not apply to food sales at events that are not +open to general public or are sponsored, catered, or hosted by a +business group. +.IP " 3." 4 +Mobile temporary food vendors may not sell food on public rights-of-way +except for a brief stop for point of sale. +For purposes of this subsection, the term \[dq]public right-of-way\[dq] +means any street or highway and property adjacent to streets and +highways which is dedicated to public use and over which the federal, +state or municipal government, or any agency, department or subdivision +thereof, exercises control and dominion; or any bridge alley, sidewalk, +pedestrian way, stairs or elevator which is dedicated to public use and +over which the federal, state or municipal government, or any agency, +department, or subdivision thereof, exercises control and dominion. +.IP " 4." 4 +Except for sales associated with an approved city event or with written +city approval, no such sales shall be conducted at or within 75 feet of +any city-owned parks. +.IP " 5." 4 +\f[I]Permit issuance\f[R]. +.RS 4 +.IP " 1." 4 +Permits shall be issued by the city clerk. +.IP " 2." 4 +A permit must be issued not less than 24 hours prior to any actual +selling activity by the applicant. +.IP " 3." 4 +The permit shall be prominently displayed at the applicant\[aq]s selling +location. +.RE +.IP " 6." 4 +\f[I]Permit fees\f[R]. +The application fee to be paid to the city clerk upon submission of the +application for a temporary food license shall be established by the fee +schedule of the city. +.RE +.IP " 7." 4 +The code enforcement division of the city shall enforce the provisions +of this section and may initiate any proper proceedings to enforce +compliance herewith. +.IP " 8." 4 +Violations of this section shall be misdemeanors, and any person, +partnership, corporation or other form of business entity, which +violates any of the provisions of this section, shall be deemed guilty +of a misdemeanor and, upon conviction, shall be punished as provided in +section 1-108. +Each day\[aq]s offense shall be deemed a separate offense. +.IP " 9." 4 +No temporary and seasonal food and beverage vendor shall operate or +conduct sales in the city, unless licensed in compliance with section +8-602. +.LP +(Code 1999, § 8-603; Ord. +No. +445, 4-4-1988; Ord. +No. +358(02), 5-6-2002) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326420_Ordinance%20No.%20797%20(15).pdf" -A "\c" \ + -- "797(15)" +\& on 8/3/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288042_Ordinance%20918(19).pdf" -A "\c" \ + -- "918(19)" +\& on 8/7/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits" -A "\c" \ + -- "Sec 8-604 Food Handler\[aq]s Permits" +\& +.IP " 1." 4 +It is unlawful for any person who operates a food service establishment +or any place selling open and prepared foods in the city to hire, or +permit to be hired, or permit to work gratis, any person who does not +possess a current and unrevoked permit approved by the health officer. +.IP " 2." 4 +It is unlawful for any person to work in any food service establishment +or any place selling open and prepared foods in the city who does not +have in his possession a current and unrevoked permit approved by the +county. +.LP +(Prior Code, §§ 12-46\[em]12-49; Code 1999, § 8-604) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited" -A "\c" \ + -- "Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles Prohibited" +\& +.LP +It is unlawful for any person to sell for retail or offer to sell at +retail any uncooked or unprepared meat, poultry or fish from any truck, +wagon, trailer or any other portable motor vehicle within the corporate +limits of the city. +.PP +(Prior Code, § 12-41; Code 1999, § 8-605) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales" -A "\c" \ + -- "Sec 8-606 Outside Sales" +\& +.LP +Food service establishments holding valid licenses may have outside +sales on their premises if all conditions of the food code, zoning +ordinances and fire code are met. +.PP +(Prior Code, 12-38; Code 1999, § 8-606) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited" -A "\c" \ + -- "Sec 8-607 Sale Prohibited" +\& +.LP +No person shall sell, expose or offer for sale in any public market, or +at any place within the limits of the city, any unsound, diseased, +stale, rotten, fermented, nauseous or unwholesome meat, poultry, fish, +vegetables, fruits or other articles of food or provisions, or any +unwholesome bread, cake or pastry, manufactured in whole or in part from +unwholesome flour or meal. +.PP +(Prior Code, § 12-57; Code 1999, § 8-607) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food" -A "\c" \ + -- "Sec 8-608 Not To Maintain Adulterated Or Misbranded Food" +\& +.LP +It is unlawful for any person to maintain within the city any article of +food or confectionery which is adulterated or misbranded within the +meaning of this article and any person who shall violate any of the +provisions of this section shall be guilty of an offense. +.PP +(Prior Code, § 12-58; Code 1999, § 8-608) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such" -A "\c" \ + -- "Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As Such" +\& +.LP +All articles shall be labeled, branded or tagged so as to plainly +indicate that they are compounds, imitations or blends, and the word +\[dq]compound,\[dq] \[dq]imitation,\[dq] or \[dq]blend,\[dq] as the case +may be, is plainly stated on the package in which it is offered for +sale, provided that nothing in this article shall be construed as +requiring or compelling proprietors or manufacturers of proprietary +foods which contain no unwholesome added ingredients to disclose their +trade formulas, except insofar as the provisions of this article may +require to secure freedom from adulteration or misbranding. +.PP +(Prior Code, § 12-59; Code 1999, § 8-609) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food" -A "\c" \ + -- "Sec 8-610 Examination Of Food" +\& +.LP +The examination of specimens of food or confectionery shall be made by +the health officer or under his direction. +If it shall appear from such examination of any of such specimens that +they are adulterated or misbranded within the meaning of this article, +the health officer shall cause a complaint to be sworn out and may +embargo the food or confectionery until released by the health officer. +.PP +(Prior Code, § 12-60; Code 1999, § 8-610) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided" -A "\c" \ + -- "Sec 8-611 Sample To Be Provided" +\& +.LP +Whosoever offers, exposes or has in his possession for sale to dealers +or consumers in the city any food shall, upon application of the health +officer or his assistant or agent, upon tender of the value thereof, +furnish a sample sufficient for the analysis of such of food. +Whosoever is convicted of a refusal to sell or give such sample as +provided herein shall be subject to punishment a provided in section +1-108. +.PP +(Prior Code, § 12-62; Code 1999, § 8-611) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives" -A "\c" \ + -- "Sec 8-612 Poisonous Preservatives" +\& +.LP +Any meat, fish or other food which shall be treated with or shall +contain any of the salts of sulphurous acid or other poisonous +preservation or coloring matter are hereby declared to be unwholesome, +and any person who shall sell or offer to sell, serve or deliver or +cause the same to be done, any meats, fish or any other kind of food in +any form having therein and containing any of the salts of sulphurous +acid or other poisonous preservative or coloring matter, shall be deemed +guilty of an offense. +.PP +(Prior Code, § 12-63; Code 1999, § 8-612) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees" -A "\c" \ + -- "Sec 8-613 Sleeping Areas Of Employees" +\& +.LP +The sleeping place for workers or other employees in bake houses and +restaurants shall be separate and distinct from the place used for +making bread, pastry and other articles of food, and from food storage +preparation and serving areas. +.PP +(Prior Code, § 12-65; Code 1999, § 8-613) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection" -A "\c" \ + -- "Sec 8-614 Inspection" +\& +.LP +The health officer shall have power to inspect all articles of food or +drinks wherever located that may be sold or offered for sale for human +consumption and to analyze samples of the same upon his own motion. +.PP +(Prior Code, § 12-66; Code 1999, § 8-614) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized" -A "\c" \ + -- "Sec 8-615 Destruction Authorized" +\& +.LP +The health officer shall have authority to destroy, at the expense of +the owner or keeper, any foods, drinks, meats and fish that he finds to +be unwholesome and unfit for use. +.PP +(Prior Code, § 12-67; Code 1999, § 8-615) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served" -A "\c" \ + -- "Sec 8-616 Places Where Food Is Sold Or Served" +\& +.LP +The health officer shall have full power to pass on the sanitary +condition of any place where foods, milk, drinks, and meats are offered +for sale or served to the public. +Any person who shall, after having been duly notified to clean up or +place his place of business in sanitary condition, refuse to do so, +shall be guilty of an offense. +.PP +(Prior Code, § 12-68; Code 1999, § 8-616) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal" -A "\c" \ + -- "Sec 8-617 Acts Of Agents Deemed Act Of Principal" +\& +.LP +When construing and enforcing the provisions of this article the act, +omission or failure of any officer, agent or other person acting for or +employed by any corporation, company, society or association, within the +scope of his employment or office, shall in every case be deemed to be +the act, omission, or failure of such corporation, company, society or +association, as well as that of the person. +.PP +(Prior Code, § 12-69; Code 1999, § 8-617) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty" -A "\c" \ + -- "Sec 8-618 Penalty" +\& +.LP +Any person who violates any of the provisions of this article is guilty +of a misdemeanor and, upon conviction thereof, shall be punished as +provided in section 1-108. +In addition thereto, such person may be enjoined from continuing such +violations. +Each day upon which such a violation occurs shall constitute a separate +violation. +.PP +(Code 1999, § 8-618) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS" -A "\c" \ + -- "ARTICLE 8-6B MILK AND MILK PRODUCTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted" -A "\c" \ + -- "Sec 8-621 Regulations Adopted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty" -A "\c" \ + -- "Sec 8-622 Penalty" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Milk regulations, 2 O.S. +§ 7-401 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted" -A "\c" \ + -- "Sec 8-621 Regulations Adopted" +\& +.LP +The latest edition of the United States Public Health Service +Recommendation \[dq]Grade A Pasteurized Milk Ordinance with +Administrative Procedures\[dq] and the provisions of state law governing +milk and milk products as set out in Oklahoma Milk and Milk Products Act +(2 O.S. +§ 7-401 et seq.), as amended from time to time, are hereby adopted and +incorporated by reference in this Code and are enforceable by the city +as fully as if they were set out at length herein. +At least one copy of the milk ordinance and referenced state law shall +be on file in the office of the city clerk. +The milk ordinance and the referenced state law shall govern except in +case of conflict with the provisions of this article, in which case the +more restrictive terms shall prevail. +.PP +(Code 1999, § 8-620) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty" -A "\c" \ + -- "Sec 8-622 Penalty" +\& +.LP +Any person who shall violate any of the provisions of this shall be +guilty of a misdemeanor and, upon conviction thereof, shall be punished +as provided in section 1-108. +Such persons may also be enjoined from continuing such violations. +Each day upon which such a violation occurs shall constitute a separate +violation. +.PP +(Code 1999, § 8-621) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES" -A "\c" \ + -- "CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions" -A "\c" \ + -- "Sec 8-701 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions" -A "\c" \ + -- "Sec 8-702 Smoking In Certain Places Prohibited; Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places" -A "\c" \ + -- "Sec 8-703 Measures To Prevent Smoking In Places" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty" -A "\c" \ + -- "Sec 8-704 Violation And Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions" -A "\c" \ + -- "Sec 8-701 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Educational facility\f[R] means a building owned, leased or under +the control of a technology center school district or a public or +private college or university. +.PP +\f[I]Health facility\f[R] means an entity which provides health +services, including, but not limited to, hospitals, nursing homes, +long-term care facilities, kidney disease treatment centers, health +maintenance organizations and ambulatory treatment centers. +.PP +\f[I]Indoor workplace\f[R] means any indoor place of employment or +employment-type service for or at the request of another individual or +individuals, or any public or private entity, whether part-time or +full-time and whether for compensation or not. +Such services shall include, without limitation, any service performed +by an owner, employee, independent contractor, agent, partner, +proprietor, manager, officer, director, apprentice, trainee, associate, +servant or volunteer. +An indoor workplace includes work areas, employee lounges, restrooms, +conference rooms, classrooms, employee cafeterias, hallways, any other +spaces used or visited by employees, and all space between a floor and +ceiling that is predominantly or totally enclosed by walls or windows, +regardless of doors, doorways, open or closed windows, stairways, or the +like. +The provisions of this chapter shall apply to such indoor workplace at +any given time, whether or not work is being performed. +.PP +\f[I]Meeting means\f[R] a meeting as defined in the Oklahoma Open +Meeting Act (25 O.S. +§ 301 et seq.). +.PP +\f[I]Public body\f[R] means a public body as defined in the Oklahoma +Open Meeting Act (25 O.S. +§ 301 et seq.). +.PP +\f[I]Public park\f[R] means all areas of a park or playground that is +owned and operated by the City of Moore, Oklahoma to which members of +the general public have been granted a right to access for rest and +recreation. +\[dq]Public park\[dq] shall exclude: the paved area usually divided into +individual spaces set-aside and intended for the parking of motor +vehicles, portion of parking lots located on the same property as a park +or playground. +.PP +\f[I]Public place\f[R] means any enclosed indoor area where individuals +other than employees are invited or permitted. +.PP +\f[I]Restaurant\f[R] means any eating establishment regardless of +seating capacity. +.PP +\f[I]Smoking\f[R] means the carrying by a person of a lighted cigar, +cigarette, pipe or other lighted smoking device. +.PP +\f[I]Stand-alone bar\f[R], \f[I]stand-alone tavern\f[R], and \f[I]cigar +bar\f[R] mean an establishment that derives more than 60 percent of its +gross receipts, subject to verification by competent authority, from the +sale of alcoholic beverages and low-point beer and no person under 21 +years of age is admitted, except for members of a musical band employed +or hired as provided in 37 O.S. +§ 537(B)(2) and that is not located within, and does not share any +common entryway or common indoor area with, any other enclosed indoor +workplace, including a restaurant. +.PP +\f[I]Vapor products\f[R] means noncombustible products, that may or may +not contain nicotine, that employ a mechanical heating element, battery, +electronic circuit, or other mechanism, regardless of shape or size, +that can be used to produce a vapor in a solution or other form. +The term \[dq]vapor products\[dq] shall include any vapor cartridge or +other container with or without nicotine or other form that is intended +to be used with an electronic cigarette, electronic cigar, electronic +cigarillo, electronic pipe, or similar product or device and any vapor +cartridge or other container of a solution, that may or may not contain +nicotine, that is intended to be used with or in an electronic +cigarette, electronic cigar, electronic cigarillo or electronic device. +The term \[dq]vapor products\[dq] do not include any products regulated +by the United States Food and Drug Administration under Chapter V of the +Food, Drug, and Cosmetic Act. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. +§ 1-1522. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf" -A "\c" \ + -- "910(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions" -A "\c" \ + -- "Sec 8-702 Smoking In Certain Places Prohibited; Exemptions" +\& +.IP " 1." 4 +Except as specifically provided in this section, no person shall smoke +in a public place, in any part of a zoo to which the public may be +admitted, whether indoors or outdoors, in an indoor workplace, in any +vehicle providing public transportation, at a meeting of a public body, +in a nursing facility licensed pursuant to the Nursing Home Care Act (63 +O.S. +§ 1-1901 et seq.), or in a child care facility licensed pursuant to the +Oklahoma Child Care Facilities Licensing Act (10 O.S. +§ 401 et seq.). +A nursing facility licensed pursuant to the Nursing Home Care Act (63 +O.S. +§ 1-1901 et seq.) +may designate smoking rooms for residents and their guests. +Such rooms shall be fully enclosed, directly exhausted to the outside, +and shall be under negative air pressure so that no smoke can escape +when a door is opened and no air is recirculated to nonsmoking areas of +the building. +Commercial airport operators may prohibit the use of lighted tobacco in +any area that is open to or used by the public whether located indoors +or outdoors, provided that the outdoor area is within 175 feet from an +entrance. +.IP " 2." 4 +.IP " 1." 4 +Except as otherwise provided in subsection (B)(2) of this section, a +technology center school district which offers an early childhood +education program or in which children in grades kindergarten through 12 +are educated shall prohibit smoking, the use of snuff, chewing tobacco +or any other form of tobacco product in the educational facility +buildings and on the grounds of the facility by all persons, including, +but not limited to, full-time, part-time, and contract employees, during +the hours of 7:00 a.m. +to 4:00 p.m., during the school session, or when class or any program +established for students is in session. +.IP " 2." 4 +A technology center school district may designate smoking areas outside +of buildings, away from general traffic areas and completely out of +sight of children under 18 years of age, for use by adults attending +training courses, sessions, meetings or seminars. +.IP " 3." 4 +A technology center school district or college or university may +designate smoking areas outside the educational facility buildings for +the use of adults during certain activities or functions, including, but +not limited to, athletic contests. +.IP " 4." 4 +Smoking shall be prohibited in an educational facility as defined in the +24/7 Tobacco-free Schools Act (70 O.S. +§ 1210.211 et seq.) +and as provided for in this section. +.IP " 3." 4 +Nothing in this section shall be construed to prohibit educational +facilities from having more restrictive policies regarding smoking and +the use of other tobacco or vapor products in the buildings or on the +grounds of the facility. +.IP " 4." 4 +A private residence is not a public place within the meaning of this +section except that areas in a private residence that are used as a +licensed child care facility during hours of operation are public places +within the meaning of this section. +.IP " 5." 4 +No person shall smoke or use a vapor product in any building, or +portions thereof, owned or operated by this municipality; smoking or the +use of a vapor product shall not be allowed within 25 feet of the +entrance or exit of any such building. +No person shall smoke or use a vapor product on the grounds of any +city-owned public park, excluding the paved areas usually divided into +individual spaces set aside and intended for the parking of motor +vehicles. +.IP " 6." 4 +Veterans centers operated by the state pursuant to the provisions of 72 +O.S. +§ 221 et seq., shall be designated nonsmoking. +.IP " 7." 4 +An employer not otherwise restricted from doing so may elect to provide +smoking rooms where no work is performed except for cleaning and +maintenance during the time the room is not in use for smoking, provided +each smoking room is fully enclosed and exhausted directly to the +outside, in such manner that no smoke can drift or circulate into a +nonsmoking area. +No exhaust from a smoking room shall be located within 15 feet of any +entrance, exit or air intake. +If smoking is to be permitted in any space exempted in subsection (H) of +this section or in a smoking room, such smoking space must either occupy +the entire enclosed indoor space or, if it shares the enclosed space +with any nonsmoking areas, the smoking space shall be fully enclosed, +exhausted directly to the outside with no air from the smoking space +circulated to any nonsmoking area, and under negative air pressure so +that no smoke can drift or circulate into a nonsmoking area when a door +to an adjacent nonsmoking area is opened. +Air from a smoking room shall not be exhausted within 15 feet of any +entrance, exit or air intake. +.IP " 8." 4 +This section shall not prohibit smoking in: +.RS 4 +.IP " 1." 5 +Stand-alone bars, stand-alone taverns or cigar bars; +.IP " 2." 5 +The rooms where licensed charitable bingo games are being operated, but +only during the hours of operation of such games; +.IP " 3." 5 +Up to 25 percent of the guest rooms at a hotel or other lodging +establishment; +.IP " 4." 5 +Retail tobacco stores predominantly engaged in the sale of tobacco +products and accessories and in which the sale of other products is +merely incidental and in which no food or beverage is sold or served for +consumption on the premises; +.IP " 5." 5 +Workplaces where only the owner or operator of the workplace, or the +immediate family of the owner or operator, performs any work in the +workplace, and the workplace has only incidental public access; +.IP " 6." 5 +Workplaces occupied exclusively by one or more smokers, if the workplace +has only incidental public access. +The term \[dq]incidental public access\[dq] means that a place of +business has only an occasional person, who is not an employee, present +at the business to transact business or make a delivery. +The term \[dq]incidental public access\[dq] does not include businesses +that depend on walk-in customers for any part of their business; +.IP " 7." 5 +Private offices occupied exclusively by one or more smokers; +.IP " 8." 5 +Workplaces within private residences, except that smoking shall not be +allowed inside any private residence that is used as a licensed child +care facility during hours of operation; +.IP " 9." 5 +A facility operated by a post or organization of past or present members +of the Armed Forces of the United States which is exempt from taxation +pursuant to section 501(c)(8), (c)(10) or (c)(19) of the Internal +Revenue Code, 26 USC 501(c)(8), (c)(10) or (c)(19), when such facility +is utilized exclusively by its members and their families and for the +conduct of post or organization nonprofit operations except during an +event or activity which is open to the public; +.IP " 10." 5 +Any outdoor seating area of a restaurant, provided smoking shall not be +allowed within 15 feet of any exterior public doorway or any air intake +of a restaurant; and +.IP " 11." 5 +Medical research or treatment centers, if smoking is integral to the +research or treatment. +.RE +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. +§ 1-1523. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf" -A "\c" \ + -- "910(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places" -A "\c" \ + -- "Sec 8-703 Measures To Prevent Smoking In Places" +\& +.LP +The state or local governmental agency or the person who owns or +operates a public place shall, at a minimum, do the following in order +to prevent smoking in public places: +.IP " 1." 4 +Post conspicuous signs at entrances to and in prominent locations within +places where smoking is prohibited which state that smoking is +prohibited or that the indoor environment is free of tobacco smoke; and +.IP " 2." 4 +Ask smokers to refrain from smoking upon observation of anyone violating +the provisions of this section. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. +§ 1-1525. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty" -A "\c" \ + -- "Sec 8-704 Violation And Penalty" +\& +.LP +The possession of lighted tobacco in any form is a public nuisance and +dangerous to public health. +Any person who knowingly violates this chapter is guilty of a +misdemeanor, and, upon conviction thereof, shall be punished by a fine +of not less than $10.00 nor more than $100.00. +.PP +(Code 1999, § 8-706; Ord. +No. +583(07), § I, 5-21-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING" -A "\c" \ + -- "CHAPTER 8-8 PUBLIC BATHING/TANNING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted" -A "\c" \ + -- "Sec 8-801 Regulations Adopted" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted" -A "\c" \ + -- "Sec 8-801 Regulations Adopted" +\& +.IP " 1." 4 +The following regulations are hereby adopted and incorporated herein by +reference in this Code, punishable as if set out fully at length herein, +to govern public bathing and tanning facilities: +.RS 4 +.IP " 1." 4 +\[dq]Design Standards and Operational Criteria for Public Bathing +Places,\[dq] adopted by the Oklahoma State Board of Health, 93 pages, +March 27, 1986, or latest edition thereof; and +.IP " 2." 4 +\[dq]Sunlamp Products; Performance Standard,\[dq] issued by the U.S. +Department of Health and Human Services, Food and Drug Administration, +21 CFR 1040, and as may be amended from time to time. +.RE +.IP " 2." 4 +At least one copy of the above regulations are on file in the office of +the city clerk. +.LP +(Code 1999, § 8-801) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT" -A "\c" \ + -- "CHAPTER 8-9 ENFORCEMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer" -A "\c" \ + -- "Sec 8-901 Obstructing Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department" -A "\c" \ + -- "Sec 8-902 Action By County Health Department" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals" -A "\c" \ + -- "Sec 8-903 Enforcement; Citations; Appeals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions" -A "\c" \ + -- "Sec 8-904 Penalty And Other Actions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer" -A "\c" \ + -- "Sec 8-901 Obstructing Officer" +\& +.LP +It is unlawful for any person to obstruct or interfere with any officer +or health or administrative officer charged with the enforcement of this +part. +.PP +(Prior Code, § 12-4, in part; Code 1999, § 8-901) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department" -A "\c" \ + -- "Sec 8-902 Action By County Health Department" +\& +.LP +By contract or other method, the city manager may appoint the county +health department as its agent to enforce provisions of this part and +the health ordinances of the city. +Such responsibilities may include determination of public health +nuisances and hazards, service as expert witnesses for the city, and +assistance in evaluation and development of remedial action on matters +which deal with the public health. +.PP +(Code 1999, § 8-902) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals" -A "\c" \ + -- "Sec 8-903 Enforcement; Citations; Appeals" +\& +.IP " 1." 4 +With respect to public nuisance abatement, the city manager may further +delegate to the director of community development division or his staff +the aforementioned duties of the city manager, including the duty of +administrative officer. +.IP " 2." 4 +The city manager or his designee are designated to issue citations for +violations this part, including nuisances, weeds and trash, abandoned +vehicles and health laws. +.IP " 3." 4 +Any administrative hearings for violations of the above-referenced +sections shall be before an administrative officer designated by the +city manager. +A hearing shall be scheduled on completion and filing with the city +clerk an application therefor, pursuant to the appropriate sections of +this part, in accordance with the provisions contained therein. +.IP " 4." 4 +Appeals from the decision of the administrative officer shall be to the +municipal court, in accordance with the applicable code provisions. +.LP +(Code 1999, § 8-903; Ord. +No. +451, 7-18-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions" -A "\c" \ + -- "Sec 8-904 Penalty And Other Actions" +\& +.IP " 1." 4 +The procedures for abating nuisances declared in this part and any other +provisions of law and ordinances are cumulative to one another, and the +city may elect to follow any such procedure which is applicable in +abating any particular nuisance or violation. +.IP " 2." 4 +The city may, in addition to other remedies or punishments or +abatements, bring an action for abatement of any nuisance. +.IP " 3." 4 +Any violation of any provision of this part is punishable as provided in +section 1-108. +.LP +(Code 1999, § 8-904) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI" -A "\c" \ + -- "CHAPTER 8-10 GRAFFITI" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title" -A "\c" \ + -- "Sec 8-1001 Short Title" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority" -A "\c" \ + -- "Sec 8-1002 Statutory Authority" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings" -A "\c" \ + -- "Sec 8-1003 Legislative Findings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent" -A "\c" \ + -- "Sec 8-1004 Purpose And Intent" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions" -A "\c" \ + -- "Sec 8-1005 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance" -A "\c" \ + -- "Sec 8-1006 Declaration Of Public Nuisance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty" -A "\c" \ + -- "Sec 8-1007 Application Of Graffiti Prohibited; Offense; Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager" -A "\c" \ + -- "Sec 8-1008 Removal Of Graffiti From Private Property Within Neighborhood Initiative Area Designated By The City Manager" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title" -A "\c" \ + -- "Sec 8-1001 Short Title" +\& +.LP +This chapter shall be known and may be cited as the \[dq]Graffiti +Eradication Ordinance.\[dq] +.PP +(Code 1999, § 8-1001; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority" -A "\c" \ + -- "Sec 8-1002 Statutory Authority" +\& +.LP +This chapter is being enacted under the authority of 11 O.S. +§ 22-121. +.PP +(Code 1999, § 8-1002; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings" -A "\c" \ + -- "Sec 8-1003 Legislative Findings" +\& +.LP +The council of the city hereby makes the following findings: +.IP " 1." 4 +That unsightly graffiti on public and private property within the city +is detrimental to the beauty of our community; +.IP " 2." 4 +That graffiti on public and private property within the city is often +related to criminal street gang activity, with graffiti being used to +convey information to gang members and mark gang territory; +.IP " 3." 4 +That gang-related graffiti often provides a catalyst for gang-related +criminal violence within the city; +.IP " 4." 4 +That gang-related graffiti constitutes a growing blight on, and a +substantial detriment to, the health and safety of the residents of our +community; and +.IP " 5." 4 +That by reason of the foregoing findings, graffiti constitutes a public +nuisance to our community. +.LP +(Code 1999, § 8-1003; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent" -A "\c" \ + -- "Sec 8-1004 Purpose And Intent" +\& +.LP +The purpose of this chapter is to provide for the prevention and removal +of graffiti within the city. +The intent of the council is to prevent and remove a public nuisance +that is a growing blight on, and a substantial detriment to, the health, +safety and general welfare of our community and its inhabitants. +.PP +(Code 1999, § 8-1004; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions" -A "\c" \ + -- "Sec 8-1005 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Advertising\f[R] means any letter, word, name, number, symbol, +slogan, message, drawing, picture, writing, or other mark of any kind +lawfully placed on property by an owner or occupant of the property, or +an agent of such owner or occupant, for the purpose of promoting +products or services or conveying information to the public. +.PP +\f[I]Applies graffiti, apply graffiti\f[R] or \f[I]applying +graffiti\f[R] means the act of drawing, painting, chiseling, scratching +or etching graffiti on public or private property within the city. +.PP +\f[I]City manager\f[R] means the city manager or the trust manager of +the city public works authority, or his designee. +.PP +\f[I]Graffiti\f[R] means, without limitation, any letter, word, name, +number, symbol, slogan, message, drawing, picture, writing, or other +mark of any kind visible to the public that is drawn, painted, chiseled, +scratched or etched on a rock, tree, wall, bridge, fence, gate, building +or other structure; provided, however, that this definition shall not +include advertising or any other letter, word, name, number, symbol, +slogan, message, drawing, picture, writing, or other mark of any kind +lawfully placed on property by an owner of the property, an occupant of +the property, or by an authorized agent for such owner or occupant. +.PP +\f[I]Occupant\f[R] means any person shown by the records of the county +clerk\[aq]s office as a tenant of property, or any person in actually +physical possession of property. +.PP +\f[I]Owner\f[R] means any person shown by the records of the county +clerk\[aq]s office as the owner of a fee simple interest in property. +.PP +\f[I]Removal, remove\f[R] or \f[I]removed\f[R], when used in relation to +the eradication of graffiti, means the act of taking graffiti off of, or +masking the presence of graffiti on, a rock, tree, wall, bridge, fence, +gate, building or other structure. +.PP +(Code 1999, § 8-1005; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance" -A "\c" \ + -- "Sec 8-1006 Declaration Of Public Nuisance" +\& +.LP +The council of the city hereby declares that graffiti on public or +private property within the city constitutes a public nuisance to the +detriment of the city and its inhabitants and visitors. +The provisions for prevention and removal of such public nuisance are +set forth in sections 8-1007 and 8-1008. +.PP +(Code 1999, § 8-1006; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty" -A "\c" \ + -- "Sec 8-1007 Application Of Graffiti Prohibited; Offense; Penalty" +\& +.IP " 1." 4 +No person shall apply graffiti to public or private property within the +city. +.IP " 2." 4 +Any person who applies graffiti to public or private property within the +city shall be deemed guilty of an offense. +Each act of applying graffiti shall constitute a separate offense. +.IP " 3." 4 +Any person convicted of the offense of applying graffiti to public or +private property within the city shall be punished as provided in +section 1-108. +.IP " 4." 4 +The provisions of this section shall be enforced by the police +department and code enforcement officer as determined by the city +manager. +.LP +(Code 1999, § 8-1007; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager" -A "\c" \ + -- "Sec 8-1008 Removal Of Graffiti From Private Property Within Neighborhood Initiative Area Designated By The City Manager" +\& +.LP +The city manager or his designee may cause graffiti to be removed from +private property located within the neighborhood initiative area +designated by the city manager in accordance with the following +procedure: +.IP " 1." 4 +The manager or his designee shall contact the owners of the property to +encourage the property owners cooperation in removing any such graffiti; +.IP " 2." 4 +Prior to removal attempts by the city, the manager or his designee shall +obtain the written consent of all owners and occupants for removal of +graffiti from the property; and +.IP " 3." 4 +Upon obtaining the written consent required by subsection (B) of this +section, the manager may, to the extent authorized by the owners and +occupants, enter onto the property and remove the graffiti. +.LP +(Code 1999, § 8-1008; Ord. +No. +65(93), 11-15-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE" -A "\c" \ + -- "CHAPTER 8-11 EXTERIOR PROPERTY MAINTENANCE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL" -A "\c" \ + -- "ARTICLE 8-11A GENERAL" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED" -A "\c" \ + -- "ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS DEFINED" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT" -A "\c" \ + -- "ARTICLE 8-11C NOTICE AND ENFORCEMENT" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL" -A "\c" \ + -- "ARTICLE 8-11A GENERAL" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope" -A "\c" \ + -- "Sec 8-1101 Scope" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility" -A "\c" \ + -- "Sec 8-1102 Responsibility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land" -A "\c" \ + -- "Sec 8-1103 Vacant Structures And Land" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty" -A "\c" \ + -- "Sec 8-1104 Violations And Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions" -A "\c" \ + -- "Sec 8-1105 Definitions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope" -A "\c" \ + -- "Sec 8-1101 Scope" +\& +.LP +The provisions of this chapter shall govern the minimum conditions and +standards for maintenance of structures and exterior property. +.PP +(Code 1999, § 8-1101; Ord. +No. +102(94), 12-5-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility" -A "\c" \ + -- "Sec 8-1102 Responsibility" +\& +.LP +The owner or occupant of the premises shall maintain the structures and +exterior property in compliance with the requirements of this chapter. +A person shall not occupy as owner/occupant or permit another person to +occupy or use premises which do not comply with the requirements of this +chapter. +.PP +(Code 1999, § 8-1102; Ord. +No. +102(94), 12-5-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land" -A "\c" \ + -- "Sec 8-1103 Vacant Structures And Land" +\& +.LP +All vacant structures and premises thereof or vacant land shall be +maintained in a clean, safe, secure and sanitary condition as provided +in this chapter so as not to cause a blighting problem or adversely +affect the public health or safety. +.PP +(Code 1999, § 8-1103; Ord. +No. +102(94), 12-5-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty" -A "\c" \ + -- "Sec 8-1104 Violations And Penalty" +\& +.LP +Any person, firm or corporation who shall violate any provision of this +chapter, upon conviction thereof, shall be guilty of an offense and be +subject to a fine in an amount as provided in section 1-108. +Each day that a violation continues shall be deemed a separate offense. +.PP +(Code 1999, § 8-1104; Ord. +No. +102(94), 12-5-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions" -A "\c" \ + -- "Sec 8-1105 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Approved\f[R] means approved by the code official. +.PP +\f[I]Basement\f[R] means that portion of a building which is partly or +completely below grade. +.PP +\f[I]Code official\f[R] means the city official who is charged with the +administration and enforcement of this chapter, or any duly authorized +representative. +.PP +\f[I]Exterior property\f[R] means the open space on the premises and on +adjoining property under the control of the owner or occupant of such +premises. +.PP +\f[I]Major violation\f[R] means a combination of two or more minor +violations occurring at the same time, or one or more violations that +are determined by the code official to pose a serious threat to the +health and safety of the owner or occupant of the structure in question. +.PP +\f[I]Minor violation\f[R] means a singular violation of any one of the +various provisions of this chapter, either through lack of maintenance +or act of nature, which in and of itself does not cause a blighting +problem or adversely affect the public health or safety. +.PP +\f[I]Occupant\f[R] means any person legally living or sleeping in a +building, or having legal possession of a space within, a building. +.PP +\f[I]Owner\f[R] means any person, firm or corporation having a legal or +equitable interest in the property, including the guardian, executor or +administrator of the estate of such person. +.PP +\f[I]Premises\f[R] means a lot, plot, tract or parcel of land, including +the buildings and structures thereon. +.PP +\f[I]Structure\f[R] means that which is built or constructed. +.PP +(Code 1999, § 8-1105; Ord. +No. +102(94), 12-5-1994; Ord. +No. +196(97), 6-16-1997; Ord. +No. +451(04), 4-19-2004) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED" -A "\c" \ + -- "ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS DEFINED" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas" -A "\c" \ + -- "Sec 8-1111 Exterior Property Areas" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance" -A "\c" \ + -- "Sec 8-1112 Exterior Structure General Maintenance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance" -A "\c" \ + -- "Sec 8-1113 Appearance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage" -A "\c" \ + -- "Sec 8-1114 Signage" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement" -A "\c" \ + -- "Sec 8-1115 Enforcement" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas" -A "\c" \ + -- "Sec 8-1111 Exterior Property Areas" +\& +.IP " 1." 4 +\f[I]Grading\f[R] and \f[I]drainage\f[R]. +All premises shall be graded and maintained to prevent the accumulation +of stagnant water thereon, or within any structure located thereon, +except for water detention or retention areas approved by the city. +.IP " 2." 4 +\f[I]Rat harborage\f[R]. +All structures and exterior property shall be kept free from rat +infestation. +Where rats are found, they shall be promptly exterminated by approved +processes which will not be injurious to human health. +After extermination, proper precautions shall be taken to prevent +re-infestation. +.IP " 3." 4 +\f[I]Accessory structures\f[R]. +All accessory structures, including detached garages, fences and walls, +shall be maintained structurally sound and in good repair. +Each separate accessory structure shall be deemed a separate violation. +.LP +(Code 1999, § 8-1110; Ord. +No. +451(04), 4-19-2004) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ + -- "911(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance" -A "\c" \ + -- "Sec 8-1112 Exterior Structure General Maintenance" +\& +.LP +The owner, lessee, occupant, or person or entity having charge of the +property shall keep all parts of the exterior property in a clean and +sanitary condition. +No premises shall be in a condition that constitutes a health hazard, +safety hazard, or general nuisance. +.IP " 1." 5 +\f[I]Street numbers\f[R]. +Each building to which a street number has been assigned shall have such +number displayed in a position easily observed and readable from the +public right-of-way. +All numbers shall be at least three inches high and one-half inch +stroke. +.IP " 2." 5 +\f[I]Structural members\f[R]. +Any structural member of a structure which has become deteriorated or +damaged to the extent that it does not serve the purpose as originally +intended shall be renewed, restored, repaired, or replaced as is +necessary to serve the purpose as originally intended. +All structural members shall be maintained free of deterioration, and +capable of safely bearing the imposed dead and live loads. +.IP " 3." 5 +\f[I]Exterior walls\f[R] \f[I]and\f[R] \f[I]surfaces\f[R]. +Exterior walls and other exterior surface materials shall he free of +holes, cracks, loose or rotting boards and timbers or any other +condition as to prevent rodents, rain, or dampness to the interior of +the dwelling. +All canopies, marquees, signs, awnings, exterior stairways, fire +escapes, standpipes, exhaust ducts, porches, balconies, and similar +overhanging extensions, and their supporting structures where exposed to +public view, shall be maintained in good condition and shall not show +evidence of ripping, tearing, or deterioration. +Exterior wood surfaces, other than decay-resistant woods, shall be +protected from the elements and decay by painting or other protective +covering or treatment. +Peeling, flaking and chipped paint shall be eliminated and surfaces +repainted. +All metal surfaces subject to rust or corrosion shall be coated to +inhibit such rust and corrosion and all surfaces with rust or corrosion +shall be stabilized and coated to inhibit future rust and corrosion. +Oxidation stains shall be removed from exterior surfaces. +Surfaces designed for stabilization by oxidation are exempt from this +requirement. +.IP " 4." 5 +\f[I]Roofs\f[R] \f[I]and\f[R] \f[I]drainage\f[R]. +The roof and flashing shall be sound, tight and not have defects which +admit rain. +Rain gutters, downspouts, leaders, or other means of water diversion +shall be provided to collect/conduct and discharge all water from the +roof and maintained so as not to leak or cause dampness in the walls, +ceiling, or basements or adversely affect adjacent properties. +Roof drains, gutters and downspouts shall be maintained in good repair +and free from obstructions. +.IP " 5." 5 +\f[I]Overhang extensions\f[R]. +All canopies, marquees, awnings, stairways, fire escapes, standpipes, +exhaust ducts, gutters and similar overhang extensions shall be +maintained in good repair and be properly anchored so as to be kept in a +safe and sound condition. +When required, all exposed surfaces of metal or wood shall be protected +from the elements and against decay by periodic application of +weather-coating materials, such as paint or similar surface treatment. +.IP " 6." 5 +\f[I]Chimneys\f[R] \f[I]and\f[R] \f[I]towers\f[R]. +All chimneys, cooling towers, smoke stacks, and similar appurtenances +shall be maintained structurally safe, sound, and in good repair. +Where required, all exposed surfaces of metal or wood shall be protected +from the elements and against decay by periodic application of +weather-coating materials, such as paint or similar surface treatment. +.IP " 7." 5 +\f[I]Handrails\f[R] \f[I]and\f[R] \f[I]guardrails\f[R]. +Every handrail and guardrail shall be firmly fastened and capable of +bearing normally imposed loads and shall be maintained in sound +condition and good repair. +.IP " 8." 5 +\f[I]Windows, skylights, doors and frames\f[R]. +Windows shall be fully supplied with window glass or an approved +substitute which is glazed and is without open cracks or holes, shall +have sashes in good condition which fit within frames, be capable of +being easily opened and held in position by hardware, and maintained so +as to exclude adverse weather elements from entering the structure. +Skylights, doors, and frames shall be kept in sound condition, good +repair and weather-tight. +.IP " 9." 5 +\f[I]Insect screens\f[R]. +All insect screens shall be tightly fitting and maintained in sound +condition and good repair, free from holes, cuts, or rips. +.IP " 10." 5 +\f[I]Exterior doors and frames.\f[R] All exterior doors, frames and +hardware, including garage doors, shall be maintained in sound +condition, good repair and weather-tight. +.IP " 11." 5 +\f[I]Basement, foundation, vents, and windows.\f[R] Every +basement/foundation hatchway, vent or window shall be maintained in +sound condition, good repair and weather-tight. +Foundations shall support the building at all points and shall be free +of all holes and cracks as to prevent rodents, water or dampness to the +interior of the building or any conditions tending to reduce the +capability of the foundation to support the building. +.IP " 12." 5 +\f[I]Porches, decks, and docks.\f[R] Every porch, deck, or dock shall be +constructed and maintained so as to be free of missing, defective, +rotting or deteriorated foundations, supports, floors, other members, +including steps, and kept in sound condition and in good repair. +.IP " 13." 5 +\f[I]Decorative features\f[R]. +All cornices, entablatures, bell courses, corbels, terra cotta trim, +wall facings, and similar decorative features shall be maintained in +good repair with proper anchorage and in a safe condition. +.IP " 14." 5 +\f[I]Sidewalks and driveways.\f[R] All sidewalks, walkways, stairs, +driveways, parking spaces, parking lots and similar areas shall be kept +in a proper state of repair and maintained free from hazardous +conditions. +.LP +(Code 1999, § 8-1111; Ord. +No. +451(04), 4-19-2004) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ + -- "806(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ + -- "911(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance" -A "\c" \ + -- "Sec 8-1113 Appearance" +\& +.LP +All buildings and the exterior of all premises shall be properly +maintained to achieve a presentable appearance and to avoid blighting +effects and hazardous conditions. +.IP " 1." 5 +\f[I]Exterior space\f[R]. +The exterior open space around each structure shall be maintained or +improved so as to provide for: +.RS 5 +.IP " 1." 4 +The immediate diversion of water away from buildings and proper drainage +of the lot; +.IP " 2." 4 +Grass, plantings, or other suitable ground cover to prevent soil erosion +which is or may become detrimental to the structures, lot use or +adjacent lots and structures; and +.IP " 3." 4 +Sidewalks, walkways, parking areas, driveways and exterior steps which +are of a permanently hard, dust-free surface of sound construction, and +properly maintained. +.RE +.IP " 2." 5 +\f[I]Buffer and screening requirements.\f[R] When commercial or +industrial property is being developed, and it abuts property zoned or +used for residential purposes, a six-foot tall buffer shall be +constructed of an appropriate mounding, fencing, or vegetative material, +along the entire length of any abutting side or rear yard. +Screen plantings shall have a minimum height of five feet and should be +of such size, species, and spacing as can reasonably be expected to +produce an opaque six-foot screen within three years. +.IP " 3." 5 +\f[I]Vegetative ground cover required\f[R]. +All green areas shall be graded and seeded with an all-season, well +maintained vegetative ground cover. +.IP " 4." 5 +\f[I]Fences and walls.\f[R] All fences, retaining walls, or similar +structures shall be anchored firmly in the ground, shall be constructed +in a workmanlike manner and maintained in that same manner so that such +approved fences, retaining walls, or similar structures shall always be +in the state of good structural repair. +If any fence, retaining wall, or similar structure is found not to be in +the state of good structural repair, it shall be removed, replaced, or +repaired, as required. +Except when constructed of materials that have been designed or +manufactured to remain untreated, all fences shall be treated +periodically with paint or chemicals so as to retard deterioration. +Fences and/or walls shall be constructed of wood, iron, decorative +aluminum, stone, brick, or decorative block. +Retaining walls shall be constructed of stone, decorative wall systems, +brick, or wood. +The following items, being found singularly or collectively, shall be +used in determining a fence that is in violation of this section: +.RS 5 +.IP " 1." 4 +Missing or broken panels; +.IP " 2." 4 +Lean posts being used to keep the fence erect; +.IP " 3." 4 +Patches made to the fence that are not made of the same original fence +material; +.IP " 4." 4 +Three or more broken or missing slats within a panel; +.IP " 5." 4 +Broken fence posts; +.IP " 6." 4 +Upright fence posts when no fence panels or other horizontal fence +material is erected; +.IP " 7." 4 +Leaning panels, fence material or fence posts. +.RE +.IP " 5." 5 +\f[I]Yards\f[R]. +All yards, courts, and lots shall be kept free of noxious weeds, +overgrown grasses, debris, and other materials which may cause a fire, +health or safety hazard, or general unsightliness. +.IP " 6." 5 +\f[I]Hazards\f[R]. +Hazards and unsanitary conditions shall be eliminated. +.IP " 7." 5 +\f[I]Grading\f[R]. +All premises shall be graded and maintained to prevent the erosion of +soil and to prevent the accumulation of water thereon, or within any +structure located thereon. +.IP " 8." 5 +\f[I]Drainage\f[R]. +All portions of all premises shall be so graded that there is no pooling +of water or recurrent entrance of water into any part of any building +except where such pooling or retention of water is part of a plan +approved by the city engineer. +All condensate and waste cooling water shall be appropriately discharged +into an approved drainage system. +.IP " 9." 5 +\f[I]Drainage swales\f[R]. +Swales are to be maintained by the owners of the parcels on which they +are located, and at no time will anyone plant trees and/or shrubs or +discharge, empty, or place any material fill or waste into any swale so +as to impede or divert drainage flow. +.IP " 10." 5 +\f[I]Traffic markings\f[R]. +All traffic markings such as directional arrows, lane division lines, +parking space lines, stop signs, etc., shall be maintained so as to be +clearly visible and easily recognized. +.IP " 11." 5 +\f[I]Exterior light fixtures\f[R]. +Exterior lighting fixtures over steps, paths, walkways, courts, drives +and parking lots shall be neatly maintained in operable condition and +lighted for sufficient periods of time before and after business hours +to provide for pedestrian and employee safety and properly aimed so as +not to shine on adjacent properties (per local zoning regulation). +.IP " 12." 5 +\f[I]Driveways and walkways\f[R]. +All driveways, walkways, stairs, parking spaces, parking lots and +similar areas shall be kept in a proper state of repair, and maintained +free from hazardous conditions. +.IP " 13." 5 +\f[I]Rodent harborage\f[R]. +All structures and exterior property shall be kept free from rodent +harborage and infestation. +Where rodents are found, they shall be promptly exterminated by approved +processes which will not be injurious to human health. +After extermination, proper precautions shall be taken to eliminate +rodent harborage and prevent re-infestation. +.IP " 14." 5 +\f[I]Mosquito infestation\f[R]. +All structures and exterior property shall be kept free of the +accumulation of stagnant water by any means, which may yield the +potential for serving as a breeding ground for mosquitoes. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ + -- "806(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ + -- "911(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage" -A "\c" \ + -- "Sec 8-1114 Signage" +\& +.IP " 1." 4 +\f[I]Sign maintenance\f[R]. +All signage and incidental landscaping and/or lighting shall be +maintained in good condition and shall not show evidence of +deterioration. +Neither lighting nor signage shall be permitted to be posted on trees or +utility poles. +.IP " 2." 4 +\f[I]Visibility triangles\f[R]. +All signage shall be located outside of all visibility triangles at +intersections and ingress/egress points, and shall not be located in +such a manner as to constitute a traffic or safety hazard. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ + -- "806(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ + -- "911(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement" -A "\c" \ + -- "Sec 8-1115 Enforcement" +\& +.LP +An annual inspection of all commercial and industrial property shall be +made by the building official or his designee to determine compliance +with the exterior property maintenance code. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ + -- "806(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ + -- "911(19)" +\& on 5/21/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT" -A "\c" \ + -- "ARTICLE 8-11C NOTICE AND ENFORCEMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation" -A "\c" \ + -- "Sec 8-1121 Determination Of Violation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation" -A "\c" \ + -- "Sec 8-1122 Notice Of Violation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation" -A "\c" \ + -- "Sec 8-1123 Correction Of Violation" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation" -A "\c" \ + -- "Sec 8-1121 Determination Of Violation" +\& +.LP +Upon report of a violation of the provisions of this chapter, the code +official shall determine whether a violation exists, and whether such +violation is deemed to be a minor violation or a major violation, as +defined in section 8-1105. +If the violation is determined to be a minor violation, no action shall +be taken until such time as it is determined that a major violation +exists. +.PP +(Code 1999, § 8-1140; Ord. +No. +102(94), 12-5-1994; Ord. +No. +196(97), 6-16-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation" -A "\c" \ + -- "Sec 8-1122 Notice Of Violation" +\& +.IP " 1." 4 +If the code official determines that a major violation exists, written +notice shall be given to the owner of the premises stating the +violations and directing that the violations be corrected. +.IP " 2." 4 +The written notice shall be sent by certified mail to the owner of the +property at the address shown by the current year\[aq]s tax rolls in the +office of the county treasurer. +If the property owner cannot be located, notice may be given by posting +a copy of the notice on the property. +.LP +(Code 1999, § 8-1141; Ord. +No. +102(94), 12-5-1994; Ord. +No. +196(97), 6-16-1997; Ord. +No. +451(04), 4-19-2004) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation" -A "\c" \ + -- "Sec 8-1123 Correction Of Violation" +\& +.IP " 1." 4 +The notice required in section 8-1122 shall state that the owner or +occupant must correct the violations outlined in the notice within 30 +days of the date of the notice. +Upon reinspection of the property within the 30-day notice period, the +community development director may authorize an additional time for the +owner or occupant to correct the violations. +Once a notice of violation has been issued, each minor violation +included in such notice shall be corrected prior to the code official +clearing the violation. +If the owner or occupant fails to correct the violations within the +allotted time period, a citation or citations shall be issued to the +owner or occupant, as provided in section 8-1104. +.IP " 2." 4 +At any time within ten days form the date of the notice, the owner or +occupant may request, in writing addressed to the code official, a +hearing for the purpose of contesting the determination of a violation +on the property. +The code official shall conduct a hearing as soon as practicable but not +later than 15 days after receipt of the owner or occupant\[aq]s request +for such hearing. +At such hearing the owner or occupant shall have the right to be +represented by counsel, to present testimony, other evidence and +arguments, and to cross examine witnesses. +If the code official determines after such hearing that a major +violation exists on the property, he shall direct that the violations be +corrected within the time period established in the notice or other +agreed upon timeline, as appropriate. +Such finding shall be made in writing and shall be served upon the owner +or occupant. +An appeal of the final order of the code official may be had by any +person aggrieved by such order. +Such appeal shall follow the procedures established in section 8-205(f) +and (g). +.LP +(Code 1999, § 8-1142; Ord. +No. +102(94), 12-5-1994; Ord. +No. +196(97), 6-16-1997; Ord. +No. +451(04), 4-19-2004) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326959_Ordinance%20No.%20807%20(15).pdf" -A "\c" \ + -- "807(15)" +\& on 10/19/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA" -A "\c" \ + -- "CHAPTER 8-12 MEDICAL MARIJUANA" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions" -A "\c" \ + -- "Sec 8-1201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements" -A "\c" \ + -- "Sec 8-1202 General Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary" -A "\c" \ + -- "Sec 8-1203 Medical Marijuana Dispensary" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities" -A "\c" \ + -- "Sec 8-1204 Commercial Medical Marijuana Growing Facilities" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility" -A "\c" \ + -- "Sec 8-1205 Commercial Medical Marijuana Processing Facility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility" -A "\c" \ + -- "Sec 8-1206 Medical Marijuana Testing Laboratory Facility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility" -A "\c" \ + -- "Sec 8-1207 Medical Marijuana Research Facility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility" -A "\c" \ + -- "Sec 8-1208 Medical Marijuana Education Facility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use" -A "\c" \ + -- "Sec 8-1209 Medical Marijuana Growing For Personal Use" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause" -A "\c" \ + -- "Sec 8-1210 Legal Non-Conforming Clause" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions" -A "\c" \ + -- "Sec 8-1201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I]Commercial medical marijuana growing facilities\f[R] means an +entity licensed by the State of Oklahoma to cultivate, prepare and +package medical marijuana and transfer or contract for transfer medical +marijuana to a medical marijuana dispensary, medical marijuana +processor, any other medical marijuana commercial grower, medical +marijuana research facility, medical marijuana education facility and +pesticide manufacturers. +A commercial grower may sell seeds, flower or clones to commercial +growers. +.br +\f[I]Commercial medical marijuana processing facilities\f[R] means an +entity licensed by the State of Oklahoma to operate a business including +the production, manufacture, extraction, processing, packaging or +creation of concentrate, medical-marijuana-infused products or other +medical marijuana products. +.PP +\f[I]Hazardous processor license\f[R] means a license issued to a +medical marijuana processor that performs an extraction method that +utilizes chemicals considered hazardous by the OSHA Hazard Communication +Standard under 29 CFR § 1910.1200. +.PP +\f[I]Medical marijuana dispensary\f[R] means an entity that has been +licensed by the State of Oklahoma to purchase medical marijuana or +medical marijuana products from a licensed medical marijuana commercial +grower or medical marijuana processor, sell medical marijuana or medical +marijuana products to patients and caregivers, or sell or transfer +products to another dispensary. +.br +.PP +.br +\f[I]Medical marijuana education facility\f[R] means a person or entity +approved to operate a facility providing training and education to +individuals involving the cultivation, growing, harvesting, curing, +preparing, packaging or testing of medical marijuana, or the production +of medical-marijuana-infused products or other medical marijuana +products. +.br +\f[I]Medical marijuana growing for personal use\f[R] means any +individual licensed by the State of Oklahoma to grow up to six mature +marijuana plants and up to six seedling plants within a single residence +for personal medical use. +.br +\f[I]Medical marijuana research facility means\f[R] a person or entity +approved to conduct medical marijuana research. +.br +\f[I]Medical marijuana testing lab\f[R] means a public or private +laboratory licensed to conduct testing and research on medical marijuana +and medical marijuana products. +.br +\f[I]Medical marijuana transporter\f[R] means a person or entity that is +licensed by the State of Oklahoma to transport medical marijuana. +A medical marijuana transporter does not include a medical marijuana +business that transports its own medical marijuana, medical marijuana +concentrate or medical marijuana products to a property or facility +adjacent to or connected to the licensed premises if the property is +another licensed premises of the same medical marijuana business. +.br +\f[I]Medical marijuana waste\f[R] means unused, surplus, returned or +out-of-date marijuana, plant debris of the plant of the genus Cannabis, +including dead plants and all unused plant parts and roots. +.PP +\f[I]Non-hazardous processor license\f[R] means a license issued by the +Authority to a processor that will not perform any processing or +extraction methods that utilize a chemical considered hazardous by the +OSHA Hazard Communication Standard under 29 CFR § 1910.1200. +.PP +\f[I]School\f[R] means a public or private preschool or a public or +private elementary or secondary school used for school classes and +instruction. +A homeschool, daycare, or child-care facility shall not be considered a +\[dq]school.\[dq] +.PP +The city hereby adopts all other terms and definitions as established by +state law or department of health regulations. +In the event of a conflict between any definitions contained herein, the +definition promulgated by the state or the department of health shall +prevail. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf" -A "\c" \ + -- "1020.23" +\& on 2/21/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements" -A "\c" \ + -- "Sec 8-1202 General Requirements" +\& +.IP " 1." 5 +Applicants for any license contained herein shall be required to possess +a valid State of Oklahoma issued medical marijuana license prior to +making application for the city license. +.IP " 2." 5 +The commercial licenses outlined in this chapter will be subject to +property inspection by an authorized city inspector prior to issuance to +ensure compliance with all codes of the city. +.IP " 3." 5 +The property inspection will occur at a time scheduled and approved by +both the applicant and the city inspector. +.IP " 4." 5 +The applicant will be required to be present during the inspection. +.IP " 5." 5 +All structures, equipment, and apparatus shall comply with all building +and fire codes currently adopted by the State of Oklahoma and the City +of Moore. +.IP " 6." 5 +A medical marijuana business license application shall be filled out and +signed by the property and business owner and submitted to the city +clerk prior to scheduling an inspection. +.IP " 7." 5 +A nonrefundable license fee, as established by this chapter, shall be +paid at the time the application is submitted. +.IP " 8." 5 +The license fee shall be set according to and used to offset municipal +expenses covering costs related to licensing, inspection, +administration, and enforcement of this article. +.IP " 9." 5 +License holder shall remit all required state and city sales tax. +.IP " 10." 5 +It is the intent of the City of Moore that nothing in the medical +marijuana ordinance be construed to: +.RS 5 +.IP " 1." 4 +Allow persons to engage in conduct that endangers the health, safety, or +welfare of the citizens of the City of Moore, or causes a public +nuisance; +.IP " 2." 4 +Allow the use of marijuana for non-medical purposes; or +.IP " 3." 4 +Allow any activity that is otherwise illegal and not permitted by state +law. +.RE +.IP " 11." 5 +Additional regulations: +.RS 5 +.IP " 1." 4 +Smoking and vaping marijuana shall be prohibited on all city property +including vehicles, buildings, and parks as well as other property +defined in Title 63 O.S. +Section 1-1521 et seq. +to be cited as the \[dq]Smoking in Public Places and Indoor Workplace +Act.\[dq] +.IP " 2." 4 +Revocation or suspension of municipal issued marijuana license: +.RS 4 +.IP " 1." 4 +The city manager or designee shall revoke or suspend a license issued +under this section on any of the following grounds: +.RS 4 +.IP " 1." 4 +The license was procured by fraudulent conduct or false statement of a +material fact or a fact concerning the applicant was not disclosed at +the time of the application, and such fact would have constituted just +cause for refusal to issue the license; +.IP " 2." 4 +Violation of any city ordinance, state law, or department of health +regulations governing medical marijuana; +.IP " 3." 4 +Or any acts deemed to be a public nuisance. +.RE +.IP " 2." 4 +Prior to suspension or revocation, the permittee shall be given notice +of the proposed action to be taken and shall have an opportunity to be +heard before the city manager. +If an employee has been designated by the city manager, such employee +shall make a report to the city manager together with a recommendation +as to whether the license should be suspended or revoked. +.IP " 3." 4 +The operation of a commercial medical marijuana facility without +achieving and maintaining a current applicable municipal issued medical +marijuana business license shall be punishable by a fine not exceeding +$500.00 and each day the violation continues shall be deemed a separate +offense. +.RE +.IP " 3." 4 +Any person or entity applying for or issued a license by the City of +Moore shall comply with all state law and department of health rules and +regulations, as may be amended from time to time. +.IP " 4." 4 +Revocation of the state issued license shall result in immediate +revocation of the city issued license. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary" -A "\c" \ + -- "Sec 8-1203 Medical Marijuana Dispensary" +\& +.LP +Medical marijuana dispensaries are hereby allowed within the municipal +boundaries of Moore, Oklahoma upon compliance of the above general +requirements, issuance of a retail medical marijuana dispensary business +license and the following additional provisions: +.IP " 1." 4 +A medical marijuana dispensary shall only be located within one of the +following zoning districts: +.RS 4 +.IP " 1." 4 +C-2, Neighborhood Commercial District. +.IP " 2." 4 +C-3, General Commercial District. +.IP " 3." 4 +C-4, Planned Shopping Center District. +.IP " 4." 4 +C-5, Automotive and Commercial Recreation District. +.IP " 5." 4 +C-6, Central Business District. +.IP " 6." 4 +I-1, Light Industrial District. +.RE +.IP " 2." 4 +Medical marijuana dispensary business license shall not be granted to +any applicant where the proposed location would be located within 1,000 +feet of any school entrance. +The distance described shall be computed by direct measurement in a +straight line from the nearest property line of the parcel of land on +which the use described in herein is located to the nearest entrance of +the building or unit of the school. +.IP " 3." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +The retail establishment must maintain a valid sales tax permit issued +by the State of Oklahoma. +.IP " 2." 4 +No on premises use of marijuana or its derivatives shall be allowed. +.IP " 3." 4 +Any violations of this section will result in the revocation of the +retail medical marijuana business license. +.RE +.IP " 4." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities" -A "\c" \ + -- "Sec 8-1204 Commercial Medical Marijuana Growing Facilities" +\& +.LP +Commercial medical marijuana growing facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a commercial medical +marijuana growing license and the following provisions: +.IP " 1." 4 +Commercial medical marijuana growing facilities shall only be located +within one of the following zoning districts: +.RS 4 +.IP " 1." 4 +A-1, Rural Agriculture. +.IP " 2." 4 +A-2, Suburban Agriculture. +.IP " 3." 4 +I-1, Light Industrial. +.IP " 4." 4 +I-2, Medium Industrial. +.IP " 5." 4 +I-3, Heavy Industrial. +.RE +.IP " 2." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +The facility shall be a secure building with limited access. +The secure area must be locked at all times. +.IP " 2." 4 +The growing area including any lighting, plumbing or electrical +components used shall comply with all building and fire codes adopted by +the State of Oklahoma and the City of Moore. +.IP " 3." 4 +The buildings/area where marijuana is grown must be properly ventilated +so as to not create humidity, mold or other related problems and must be +equipped with ventilation/air filtration systems so that no odors are +detectible off premises. +.RE +.IP " 3." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +.br +.RS 4 +.PP +.na +.TS +delim(@@) tab( ); +. +T{ +T} +T{ +T} +T{ +T} +T{ +T} +T{ +T} +T{ +T} +T{ +T} +.TE +.ad +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility" -A "\c" \ + -- "Sec 8-1205 Commercial Medical Marijuana Processing Facility" +\& +.LP +Commercial medical marijuana processing facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a commercial medical +marijuana processing license and the following provisions: +.IP " 1." 4 +Commercial hazardous medical marijuana processing facilities shall only +be located within one of the following zoning districts: +.RS 4 +.IP " 1." 4 +A-1, Rural Agriculture. +.IP " 2." 4 +A-2, Suburban Agriculture. +.IP " 3." 4 +I-1 - Light Industrial. +.IP " 4." 4 +I-2, Medium Industrial. +.IP " 5." 4 +I-3, Heavy Industrial. +.RE +.IP " 2." 4 +Commercial non-hazardous medical marijuana processing facilities may be +located within one of the following zoning districts in addition to the +zoning districts listed in Section 8-1205(A) allowable for commercial +hazardous medical marijuana processing facilities: +.br +.RS 4 +.IP " 1." 4 +C-2, Neighborhood Commercial District +.br +.IP " 2." 4 +C-3, General Commercial District +.br +.IP " 3." 4 +C-4, Planned Shopping Center District +.br +.IP " 4." 4 +C-5, Automotive and Commercial Recreation District +.br +.IP " 5." 4 +C-6, Central Business District +.br +.RE +.IP " 3." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +Hazardous Medical Marijuana Processing facilities: +.br +.RS 4 +.IP " 1." 4 +The facility shall be a secure building with limited access. +The secure area must be locked at all times. +.br +.IP " 2." 4 +The processing area including any lighting, plumbing or electrical +components used shall comply with all building and fire codes adopted by +the State of Oklahoma and the City of Moore. +.br +.IP " 3." 4 +The buildings where medical marijuana is processed must be properly +ventilated so as to not create humidity, mold or other related problems +and must be equipped with ventilation/air filtration systems so that no +odors are detectible off premises. +.br +.RE +.IP " 2." 4 +Non-hazardous Medical Marijuana Processing Facilities: +.br +.RS 4 +.IP " 1." 4 +In the C-2 through C-6 zoning districts, non-hazardous medical marijuana +processing facilities shall be limited to no more that 25% of the gross +leasable floor area and shall be clearly incidental to the retail use of +the commercial space. +.br +.IP " 2." 4 +In the C-2 through C-6 zoning districts, non-hazardous medical marijuana +processing facilities shall be limited to rolling cigarettes, baking or +cooking, and packaging. +.br +.IP " 3." 4 +The processing area including any lighting, plumbing or electrical +components used shall comply with all building and fire codes adopted by +the State of Oklahoma and the City of Moore. +.br +.IP " 4." 4 +A commercial kitchen meeting all building and fire codes is required for +non0hazardous medical marijuana processing that involves baking or +cooking. +.br +.IP " 5." 4 +The buildings where medical marijuana is processed must be properly +ventilated so as to not create humidity, mold or other related problems +and must be equipped with ventilation/air filtration systems so that no +odors are detectible off premises or outside of the lease space, as +applicable. +.br +.RE +.RE +.IP " 4." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf" -A "\c" \ + -- "1020.23" +\& on 2/21/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility" -A "\c" \ + -- "Sec 8-1206 Medical Marijuana Testing Laboratory Facility" +\& +.LP +Medical marijuana testing laboratory facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a medical marijuana testing +laboratory license and the following additional requirements: +.IP " 1." 4 +Medical marijuana testing laboratory facilities shall only be located +within one of the following zoning districts: +.RS 4 +.IP " 1." 4 +C-2, Neighborhood Commercial District. +.IP " 2." 4 +C-3, General Commercial District. +.IP " 3." 4 +C-4, Planned Shopping Center District. +.IP " 4." 4 +C-5, Automotive and Commercial Recreation District. +.IP " 5." 4 +C-6, Central Business District. +.IP " 6." 4 +I-1, Light Industrial District. +.RE +.IP " 2." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +The facility shall be a secure building with limited access. +The secure area must be locked at all times. +.IP " 2." 4 +The area shall comply with all building and fire codes adopted by the +State of Oklahoma and the City of Moore. +.IP " 3." 4 +The buildings where medical marijuana is stored or tested must be +properly ventilated so as to not create humidity, mold or other related +problems and must be equipped with ventilation/air filtration systems so +that no odors are detectible off premises. +.RE +.IP " 3." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility" -A "\c" \ + -- "Sec 8-1207 Medical Marijuana Research Facility" +\& +.LP +Medical marijuana research facilities are hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above, issuance of a medical marijuana research license and +the following additional requirements: +.IP " 1." 4 +Medical marijuana research facilities shall only be located within one +of the following zoning districts: +.RS 4 +.IP " 1." 4 +C-2, Neighborhood Commercial District. +.IP " 2." 4 +C-3, General Commercial District. +.IP " 3." 4 +C-4, Planned Shopping Center District. +.IP " 4." 4 +C-5, Automotive and Commercial Recreation District. +.IP " 5." 4 +C-6, Central Business District. +.IP " 6." 4 +I-1, Light Industrial District. +.RE +.IP " 2." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +The facility shall be a secure building with limited access. +The secure area must be locked at all times. +.IP " 2." 4 +The area shall comply with all building and fire codes adopted by the +State of Oklahoma and the City of Moore. +.IP " 3." 4 +The buildings where medical marijuana is stored or where research is +being conducted must be properly ventilated so as to not create +humidity, mold or other related problems and must be equipped with +ventilation/air filtration systems so that no odors are detectible off +premises. +.RE +.IP " 3." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility" -A "\c" \ + -- "Sec 8-1208 Medical Marijuana Education Facility" +\& +.LP +Medical marijuana education facilities are hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above, issuance of a medical marijuana education license +and the following additional requirements: +.IP " 1." 4 +Medical marijuana education facilities shall only be located within one +of the following zoning districts: +.RS 4 +.IP " 1." 4 +A-1, Rural Agriculture. +.IP " 2." 4 +A-2, Suburban Agriculture. +.IP " 3." 4 +I-1, Light Industrial. +.IP " 4." 4 +I-2, Medium Industrial. +.IP " 5." 4 +I-3, Heavy Industrial. +.RE +.IP " 2." 4 +Conditions of operation: +.RS 4 +.IP " 1." 4 +The facility shall be a secure building with limited access. +The secure area must be locked at all times. +.IP " 2." 4 +The area shall comply with all building and fire codes adopted by the +State of Oklahoma and the City of Moore. +.IP " 3." 4 +The buildings where medical marijuana is stored must be properly +ventilated so as to not create humidity, mold or other related problems +and must be equipped with ventilation/air filtration systems so that no +odors are detectible off premises. +.RE +.IP " 3." 4 +There shall be a business license fee and an annual renewal fee as set +forth in the city of Moore\[aq]s fee schedule. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use" -A "\c" \ + -- "Sec 8-1209 Medical Marijuana Growing For Personal Use" +\& +.LP +Medical marijuana growing for personal use is hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above and the following additional provisions: +.IP " 1." 4 +All medical marijuana grown by medical marijuana patient license holders +or caregivers may only be grown on real property owned by the patient +license holder/caregiver or on real property for which the patient +license holder/caregiver has the property owner\[aq]s written permission +to grow marijuana on the property. +.IP " 2." 4 +All medical marijuana plants grown by a patient or caregiver shall be +grown so that the marijuana is not accessible to a member of the general +public. +No marijuana plants shall be visible from any street adjacent to the +property. +For purposes of this section, \[dq]visible\[dq] means viewable by a +normal person with 20/20 eyesight without the use of any device to +assist in improving viewing distance or vantage point. +.IP " 3." 4 +It is expressly prohibited to operate extraction equipment or utilize +extraction processes if the equipment or process utilizes butane, +propane, carbon dioxide or any other potentially hazardous material in a +residential property. +.IP " 4." 4 +Growing medical marijuana shall not be conducted in a manner that +constitutes a public nuisance. +A public nuisance may be deemed to exist if growing marijuana produces +light, glare, heat, noise, odor or vibration that is detrimental to +public health, safety or welfare or interferes with the reasonable +enjoyment of life and property. +.IP " 5." 4 +The primary use of the residential property in which medical marijuana +is grown shall remain at all times a residence, with legal and +functioning cooking, eating, sleeping, and sanitation/bathing facilities +with proper ingress and egress. +No room shall be used for growing marijuana where such cultivation will +impair or prevent the primary uses of cooking, eating, sleeping or +sanitation/bathing. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause" -A "\c" \ + -- "Sec 8-1210 Legal Non-Conforming Clause" +\& +.IP " 1." 4 +Any commercial medical marijuana business that has filed for a +certificate of occupancy by January 1, 2020 and is in possession of a +state issued medical marijuana license indicating the business activity +being performed, yet is not zoned in compliance with the zoning +restrictions contained in this chapter, will be allowed as legal +nonconforming for purposes of the state required certificate of +compliance. +.IP " 2." 4 +If the entity is not in possession of an appropriate state issued +medical marijuana license at the time of the filing of the certificate +of occupancy by the January 1, 2020 deadline, and is not zoned in +compliance with the zoning restrictions contained in this chapter, the +proposed activity will be allowed as legal non-conforming for purposes +of the state-required certificate of compliance. +The legal non-conforming status indicated on the certificate of +compliance is subject to the entity providing an appropriate State of +Oklahoma issued commercial medical marijuana license issued to that +entity at the address indicated on the certificate of occupancy by June +1, 2020. +If the entity has applied for and has been issued a commercial remodel +permit between the dates of December 2, 2019 and June 1, 2020, the legal +non-conforming status of the entity is subject to the entity obtaining +all the needed signatures of the city by September 15, 2020 that is +required by the state\[aq]s certificate of compliance in order for that +entity to obtain the State of Oklahoma issued medical marijuana license. +.br +Once in possession of the state-issued medical marijuana license, legal +nonconforming status may continue so long as the use remains otherwise +lawful, subject to the following provisions: +.RS 4 +.IP " 1." 4 +No such legal nonconforming use shall be moved in whole or in part to +any other portion of the lot or parcel occupied after January 1, 2020. +.IP " 2." 4 +No such legal nonconforming use shall be enlarged or increased or +extended to occupy a greater area of land than was occupied as of +January 1, 2020. +.IP " 3." 4 +If the legal nonconforming use ceases for any reason for a period of +more than 30 days, any subsequent use of land shall conform to the +zoning regulations contained in this section. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ + -- "925(19)" +\& on 12/2/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350432_947%20(20).pdf" -A "\c" \ + -- "947(20)" +\& on 7/6/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE" -A "\c" \ + -- "CHAPTER 8-13 MULTI-FAMILY CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code" -A "\c" \ + -- "Sec 8-1301 Adoption Of 2015 International Property Maintenance Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code" -A "\c" \ + -- "Sec 8-1302 Amendments To Multi-Family Code" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice" -A "\c" \ + -- "Sec 8-1303 Notice" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code" -A "\c" \ + -- "Sec 8-1301 Adoption Of 2015 International Property Maintenance Code" +\& +.LP +There is hereby adopted that certain code known as, the 2015 +International Property Maintenance Code, as the property maintenance +code of the city for the control of multi-family dwelling structures +containing three or more units, three or more stories in height, +referred to herein as \[dq]the multi-family code.\[dq] Each and all of +the regulations, provisions, penalties, conditions and terms of the +multi-family code are hereby referred to, adopted and made a part hereof +as if fully set out in this Code, with the additions, insertions, +deletions and changes as prescribed herein. +Not less than one copy of this code is on file in the office of the +clerk. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ + -- "919(19)" +\& on 8/7/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code" -A "\c" \ + -- "Sec 8-1302 Amendments To Multi-Family Code" +\& +.LP +The following additions, amendments or deletions are made to the +building code adopted herein: +.PP +Section 101.1- Insert: City of Moore +.PP +Section 101.2- Delete existing language in this section and replace with +the following: +.PP +The provisions of this code shall apply to all new and existing +residential multi-family structures containing three or more dwelling +units, three stories or more in height and constitute minimum +requirements and standards for premises, structures, equipment, and +facilities for light, ventilation, space, heating, sanitation, +protections from the elements, a reasonable level of safety from fire +and other hazards, and for a reasonable level of sanitary maintenance; +the responsibility of the owners, an owner\[aq]s authorized agent, +operators and occupants; the occupancy of existing structures and +premises, and for administration, enforcement and penalties. +Nothing in this code shall be seen as a lessening of the requirements of +the Moore Municipal Code and all properties under the jurisdiction of +this code shall be required to uphold all of the provisions set out in +the Moore Municipal Code in addition to the provisions found in this +code. +.PP +Section 102.1 General: Insert the following after the last sentence: +.PP +Where this code and the municipal code of the City of Moore conflict, it +shall be to the determination of the Community Development Director or +their designee to determine the resolution to the conflicting sections. +.PP +Section 103.1- Delete \[dq]department of property maintenance +inspection\[dq] and insert \[dq]Code Enforcement Department\[dq] +.PP +Section 103.5- Insert: Fee Schedule of the City of Moore as shall be +amended from time to time. +.PP +Section 104.2- Amended to read as follows: +.PP +The code official shall make any inspection deemed necessary by the +Community Development Director or their designee. +.PP +Section 106.3- Delete \[dq]of a misdemeanor or civil infraction as +determined by the local municipality, and the violation shall be +determined a strict liability offense.\[dq] Insert \[dq]of an +offense.\[dq] +.PP +Section 106.4 Violation Penalty: Insert the following after the last +sentence: +.PP +Any person, firm or corporation, who shall violate any provision of this +code upon conviction thereof shall be guilty of an offense and be +subject to a fine in an amount as provided in Section 1-108 of the Moore +Municipal Code. +.PP +Section 107.1- Amended to read as follows: +.PP +Whenever the code official determines that a there has been a violation +of this code or has grounds to believe that a violation has occurred, +notice shall be given in accordance with state law and the Moore City +Code. +.PP +Section 107.2- Delete entire section +.PP +Section 107.3- Delete entire section +.PP +Section 107.5- Delete entire section +.PP +Section 107.6- Delete entire section +.PP +Section 108.1- Amended to read as follows: +.PP +When a structure is found by the code official to be unsafe or unfit for +human occupancy or otherwise dilapidated as defined by state law, such +structure shall be declared dilapidated in accordance with Part 8, +Chapter 3 of the Moore City Code, and the provisions of that chapter +shall apply. +.PP +Sections 108.1.1 through 108.7- Delete entire section +.PP +Section 110- Delete entire section +.PP +Section 111.1- Amended to read as follows: +.PP +Any owner or operator of a building affected by the decision of the code +official shall have the right to appeal to City Council, provided that +the application is made in writing and is filed with the City Clerk +within twenty (20) days of the decision or notice. +An application for appeal shall be based on a claim that the true intent +of this code has been incorrectly applied, or the code is not +applicable. +.PP +Sections 111.2 through 111.6.2- Delete entire section +.PP +Section 112.4- Amended to read as follows: +.PP +Any person(s) of firm(s) who shall continue any work after having been +served with a stop work order, except such work as that person(s) or +firm(s) has been directed to perform to remove a violation or unsafe +condition, shall be guilty of an offense and upon conviction shall be +punished in accordance with Section 1-108 of the Moore City Code. +Each violation of said stop work order shall be considered a separate +offense. +.PP +Section 302.4- Amended to read as follows: +.PP +Premises and exterior property shall be maintained free from weeds or +plant growth in accordance with Part 8 of the Moore City Code. +.PP +Section 302.5- Amended to read as follows: +.PP +Premises and exterior property shall be kept free from rodent harborage +and infestation in accordance with Part 8 of the Moore City Code. +.PP +Section 302.8- Amended to read as follows: +.PP +\f[I]Inoperative or unlicensed vehicles shall be in accordance with Part +8 of the Moore City Code\f[R]. +.PP +Section 304.3- Delete \[dq]4 inches\[dq] Insert \[dq]3 inches\[dq] +.PP +Section 304.14- Insert: +.PP +March 15 to November 15 +.PP +Section 309.3 Single Occupant: Delete existing language and replace with +the following: +.PP +Reserved +.PP +Section 402.2- Amended to read as follows: +.PP +Every common hall and stairway shall be lighted at all times with not +less than the equivalent of a 60-watt standard bulb for each 200 square +feet of floor area, provided the spacing between light sources does not +exceed 30 feet. +.PP +Section 404.4.1 Room Area. +Delete existing language and replace with the following: +.PP +Every living room shall contain not less than 120 square feet and every +bedroom shall contain not less than 70 square feet. +.PP +Section 404.5 Overcrowding: Delete sections 404.5, 404.5.1 and 404.5.2 +and replace with the following: +.PP +Reserved +.PP +Section 502.2 through 502.3- Delete entire section +.PP +Section 503.2- Delete entire section +.PP +Section 506.1- Delete: \[dq]an approved private sewage disposal +system\[dq] +.PP +Section 506.3- Add the following language to the end of the section: +.PP +Grease interceptors shall be maintained in accordance with the Moore +Municipal Code +.PP +Section 602.3- Amended to read as follows: +.PP +Every owner or operator of any building covered by this code, shall +supply heat to the occupants thereof to maintain a minimum temperature +of 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet +rooms. +.PP +Section 602.4- Amended to read as follows: +.PP +Indoor occupiable work space shall be supplied with heat to maintain a +minimum temperature of 68 degrees Fahrenheit while the space is +occupied. +.PP +Exceptions +.IP " 1." 4 +Processing, storage and operation areas that require cooling or special +temperature conditions. +.IP " 2." 4 +Areas in which persons are primarily engaged in physical activities. +.LP +Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15, +1-18. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ + -- "919(19)" +\& on 8/7/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice" -A "\c" \ + -- "Sec 8-1303 Notice" +\& +.LP +Nothing in the multi-family code shall be construed to negate the +applicability of the Moore City Code to any and all structures subject +to the provisions of the multi-family code. +All structures under the regulations set out in the multi-family code +shall also fall under the other requirements as set out in the Moore +City Code. +In situations where there is conflict, the more stringent code shall +apply as determined by the community development director or their +designee. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ + -- "919(19)" +\& on 8/7/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_9_LICENSE_AND_BUSINESS_REGULATIONS" -A "\c" \ + -- "PART 9 LICENSE AND BUSINESS REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 9-1 GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES" -A "\c" \ + -- "CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL SERVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS" -A "\c" \ + -- "CHAPTER 9-3 BILLIARD AND POOL HALLS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS" -A "\c" \ + -- "CHAPTER 9-4 CHILD CARE ESTABLISHMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS" -A "\c" \ + -- "CHAPTER 9-5 DANCE HALLS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS" -A "\c" \ + -- "CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA MARKETS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS" -A "\c" \ + -- "CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE SOLICITATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS" -A "\c" \ + -- "CHAPTER 9-8 PAWNBROKERS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS" -A "\c" \ + -- "CHAPTER 9-9 PRECIOUS METALS DEALERS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES" -A "\c" \ + -- "CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT DEVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE" -A "\c" \ + -- "CHAPTER 9-11 WRECKERS AND TOWING SERVICE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS" -A "\c" \ + -- "CHAPTER 9-12 MASSAGE PARLORS AND HEALTH SPAS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES" -A "\c" \ + -- "CHAPTER 9-13 PENALTIES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION" -A "\c" \ + -- "CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL MICROPIGMENTATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS" -A "\c" \ + -- "CHAPTER 9-15 HOME OCCUPATIONS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Licenses generally, 11 O.S. +§§ 22-106, 22-107. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 9-1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions" -A "\c" \ + -- "Sec 9-101 Licenses Conditioned On Compliance With Code Provisions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond" -A "\c" \ + -- "Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or Bond" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-103 Transfer Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal" -A "\c" \ + -- "Sec 9-104 Issuing Officer, Signatures, Corporate Seal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees" -A "\c" \ + -- "Sec 9-105 Free Licenses And Rebates; Partial Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date" -A "\c" \ + -- "Sec 9-106 Expiration Date" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation" -A "\c" \ + -- "Sec 9-107 Suspension Or Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement" -A "\c" \ + -- "Sec 9-108 Licenses And Permits, Not To Be Construed As An Endorsement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements" -A "\c" \ + -- "Sec 9-109 Renewal Of Licenses, General Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits" -A "\c" \ + -- "Sec 9-110 Processing Fee For All Licenses, Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose" -A "\c" \ + -- "Sec 9-111 License Required, Purpose" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application" -A "\c" \ + -- "Sec 9-112 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting" -A "\c" \ + -- "Sec 9-113 Posting" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing" -A "\c" \ + -- "Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To Issue Licenses Or Permits; Notice And Hearing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures" -A "\c" \ + -- "Sec 9-115 Weights And Measures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty" -A "\c" \ + -- "Sec 9-116 Penalty" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Licenses generally, 11 O.S. +§§ 22-106, 22-107. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions" -A "\c" \ + -- "Sec 9-101 Licenses Conditioned On Compliance With Code Provisions" +\& +.LP +All permits and licenses issued under the provisions of this Code for or +to any person, business, activity, device or machine shall be +conditioned upon substantial compliance by the permittee or licensee +with all provisions of this Code for the regulation and maintenance of +the public order, welfare, peace, health and safety. +In addition, the permits and licenses shall be conditioned upon strict +compliance with the provisions of this Code relating specifically to the +person, business, activity, device or machine covered by the permit or +license. +.PP +(Code 1999, § 9-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond" -A "\c" \ + -- "Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or Bond" +\& +.LP +Whenever in any section any permit or license issued by an officer, +agency or department is made contingent upon the approval of another +officer, agency or department, or contingent upon the payment of any +fee, or the making of any prior inspection or examination, or the +furnishing of any bond in connection therewith, the issuance of the +permit or license shall be withheld until the approval, inspection or +examination is had or the bond provided and until the fee has been paid +as required. +.PP +(Code 1999, § 9-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-103 Transfer Prohibited" +\& +.LP +No license or permit issued shall be transferable nor may any license or +permit be sold, assigned, or mortgaged, except as may be specifically +authorized by this Code. +No person may attempt to do business under a license or permit +transferred to him. +.PP +(Code 1999, § 9-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal" -A "\c" \ + -- "Sec 9-104 Issuing Officer, Signatures, Corporate Seal" +\& +.LP +The issuing officer or agency for any license or permit shall be as +prescribed in the section authorizing and commanding it, but no license +shall be valid until signed or stamped by the city clerk or his +designated agent. +.PP +(Code 1999, § 9-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees" -A "\c" \ + -- "Sec 9-105 Free Licenses And Rebates; Partial Fees" +\& +.LP +No free licenses shall be granted, nor rebates allowed, except as +specifically set forth by this Code, nor any sum accepted less than the +amount specified, nor for a shorter period than required by this Code. +.PP +(Code 1999, § 9-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date" -A "\c" \ + -- "Sec 9-106 Expiration Date" +\& +.IP " 1." 4 +All annual licenses issued shall expire on April 30 or on the date +specified in this Code or on the license. +.IP " 2." 4 +Where the fee prescribed and paid for is for a period less than one +year, the license shall be issued only for such period and shall expire +at the end thereof. +.IP " 3." 4 +All permits shall expire upon execution of the act or activity for which +the permit was issued, or at the expiration time noted on the permit or +in this Code, whichever occurs first. +.LP +(Code 1999, § 9-106) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation" -A "\c" \ + -- "Sec 9-107 Suspension Or Revocation" +\& +.LP +Any permit or license shall be subject to suspension or revocation for +failure to comply with the terms of this Code and as may otherwise be +provided by this Code. +.PP +(Code 1999, § 9-107) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement" -A "\c" \ + -- "Sec 9-108 Licenses And Permits, Not To Be Construed As An Endorsement" +\& +.LP +No permit or license shall be construed or used in any manner or by any +person as an official endorsement by the city of the person, activity or +thing licensed or permitted. +.PP +(Code 1999, § 9-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements" -A "\c" \ + -- "Sec 9-109 Renewal Of Licenses, General Requirements" +\& +.LP +For all occupations, activities or businesses regulated in this Code, no +applicant for an initial or renewal license may engage in the activity, +occupation or business regulated without issuance of the license as +provided in this chapter unless otherwise provided herein. +Renewal applications and fees must be received by the city at least ten +days prior to the expiration of the license, except where otherwise +provided by this Code, or else the applicant must proceed in the manner +required of an applicant for a new or initial license. +.PP +(Code 1999, § 9-109 +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits" -A "\c" \ + -- "Sec 9-110 Processing Fee For All Licenses, Permits" +\& +.LP +All license and permit fees shall be paid in advance to the city prior +to the issuance of any license or permit. +The fee, less the applicable charge for processing the application for a +permit or license, shall be refunded to the applicant, upon demand, in +case the license or permit filed for is not granted. +Except as provided otherwise in this Code, the processing fee shall be +as set by the city council by motion or resolution. +.PP +(Code 1999, § 9-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose" -A "\c" \ + -- "Sec 9-111 License Required, Purpose" +\& +.LP +It is unlawful for any person to engage in, carry on, conduct, operate +or follow any of the trades, businesses, vocations, professions, +callings or activities set out in this Code, unless he has a current +license issued by the city clerk. +Failure to maintain a current business license issued by the city clerk +may result in the revocation of the certificate of occupancy issued on +behalf of the business. +.PP +(Prior Code, § 6-16, in part; Code 1999, § 9-111) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1037.23.pdf" -A "\c" \ + -- "1037.23" +\& on 10/16/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application" -A "\c" \ + -- "Sec 9-112 Application" +\& +.LP +Application for a license required by this Code shall be filed with the +city clerk and shall contain such reasonable information as he may +require, in addition to any information specifically required by other +provisions of this chapter. +.PP +(Prior Code, § 6-17, in part; Code 1999, § 9-112) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting" -A "\c" \ + -- "Sec 9-113 Posting" +\& +.LP +Each license issued under this chapter shall be posted in a conspicuous +place where the business, vocation or calling is carried on, and the +holder of such license shall immediately show the same to any officer of +the city upon being requested so to do. +.PP +(Code 1999, § 9-113) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing" -A "\c" \ + -- "Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To Issue Licenses Or Permits; Notice And Hearing" +\& +.IP " 1." 4 +The council or other authorized official may refuse to issue or renew a +license or permit, or the licenses or permits issued pursuant to this +Code, unless otherwise provided, may be suspended or revoked by the +council or such other authorized official, department, board or agency, +where applicable, after notice and hearing for any of the following +causes: +.RS 4 +.IP " 1." 4 +Any fraud, misrepresentations or false statements contained in the +application for permit or license; +.IP " 2." 4 +Any fraud, misrepresentation or false statement made in connection with +the selling of goods, wares, merchandise and services; +.IP " 3." 4 +Conviction of the applicant, licensee or permittee of any crime of +misdemeanor involving moral turpitude or a violation of any act of the +state, or any law of the United States having a reasonable relationship +to the purpose and scope of the permit or license; or +.IP " 4." 4 +Conducting the activity under this Code or any ordinance of the city in +an unlawful manner or in such a manner as to constitute a breach of the +peace or to constitute a menace to the health, safety, morals or general +welfare of the public. +.RE +.IP " 2." 4 +Notice of hearing for the suspension or revocation of a license or +permit shall be in writing given by the clerk, setting forth +specifically the grounds of the complaint and the time and place of the +hearing. +Service of such notice shall be made by either personal service or by +certified mail, return receipt requested, to the applicant, licensee or +permittee at the last-known address, at least five days prior to the +date set for the hearing. +.IP " 3." 4 +In case of refusal to issue a permit or license or the suspension or +revocation of a license or permit as herein provided, no portion of the +application, license or permit fee shall be returned to the applicant, +licensee or permittee unless otherwise provided in this Code or any +ordinance of the city. +.IP " 4." 4 +Any suspension or revocation hereunder may be either in addition to or +instead of any penalty or fine as prescribed in this Code or any +ordinance of the city. +.IP " 5." 4 +The order of the council or such other authorized official, department, +board or agency, where applicable, shall be the final municipal action +for the purpose of judicial review unless otherwise specifically +provided. +.IP " 6." 4 +This section is in addition to any other procedures in this Code for +license suspension or revocation. +.LP +(Code 1999, § 9-114) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures" -A "\c" \ + -- "Sec 9-115 Weights And Measures" +\& +.LP +It is unlawful for any person to sell or offer for sale any food, fuel, +clothing or any other commodity which does not weigh or measure fully as +much, according to standard weights or measures of the state, as the +weight or measure for which it is sold or offered for sale. +.PP +(Code 1999, § 9-115) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty" -A "\c" \ + -- "Sec 9-116 Penalty" +\& +.LP +A violation of this chapter is punishable as provided in section 1-108. +.PP +(Code 1999, § 9-116) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES" -A "\c" \ + -- "CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL SERVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions" -A "\c" \ + -- "Sec 9-201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director" -A "\c" \ + -- "Sec 9-202 Medical Director" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)" -A "\c" \ + -- "Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering Point (P.S.A.P.)" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards" -A "\c" \ + -- "Sec 9-204 Mandatory EMS Data System And Reporting Standards" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements" -A "\c" \ + -- "Sec 9-205 Insurance Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits" -A "\c" \ + -- "Sec 9-206 Ambulance Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required" -A "\c" \ + -- "Sec 9-207 Response Time Performance Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport" -A "\c" \ + -- "Sec 9-208 Prohibition Against Refusal To Transport" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations" -A "\c" \ + -- "Sec 9-209 Violations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties" -A "\c" \ + -- "Sec 9-210 Penalties" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Oklahoma Emergency Response Systems +Development Act, 63 O.S. +§ 1-2501 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions" -A "\c" \ + -- "Sec 9-201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Ambulance\f[R] means any vehicle which is designed and equipped to +transport ill or injured persons in a reclining position, to or from +health care facilities. +.PP +\f[I]Base station physician\f[R] means a physician licensed to practice +medicine in the state, knowledgeable in the medical protocols, radio +procedure, and the general operating policies of the ambulance system, +and a person from whom the ambulance personnel may take medical +direction by radio or other remote communications device; and who shall +be approved by the medical director. +.PP +\f[I]Emergency medical personnel\f[R] means those persons certified or +licensed under state law to provide one or more emergency medical +services. +.PP +\f[I]EMS\f[R] means emergency medical service. +.PP +\f[I]EMS control center\f[R] or \f[I]control center\f[R] means the +single facility which is the central communications center from which +all ambulances operating in the service area shall be dispatched and +controlled, and which receives all 911 emergency medical calls. +.PP +\f[I]EMT\f[R] or \f[I]emergency medical technician\f[R] and categories +thereof shall have the meaning and scope of practice ascribed by state +law. +.PP +\f[I]First responder\f[R] means any person, fire department vehicle, law +enforcement vehicle, or non-transporting ambulance unit capable of +providing appropriate first responder service, under the first responder +program administered by the medical director. +.PP +\f[I]Helicopter rescue unit\f[R] means any rotary wing aircraft +providing basic or advanced life support and transportation of patients. +.PP +\f[I]Medical director\f[R] means the licensed physician serving as +administrative officer in carrying out the duties in section 9-202. +.PP +\f[I]Medical protocol\f[R] means any diagnosis-specific or +problem-oriented written statement of standard procedure, or algorithm, +promulgated by the medical director as the medically appropriate +standard of pre-hospital care for a given clinical condition. +.PP +\f[I]Mutual aid agreement\f[R] means a written agreement between one or +more providers of emergency services, whereby the signing parties agree +to lend emergency aid to one another subject to conditions specified in +the agreement, and as approved by the medical director as to quality of +care and medical accountability. +.PP +\f[I]Patient\f[R] means an individual who is either sick, ill, wounded, +helpless or otherwise incapacitated, and who is in need of, or at risk +of needing, medical care or assessment during transport to or from a +health care facility, and who is reclining or should be transported in a +reclining position under the applicable medical protocols. +.PP +\f[I]Permit\f[R] means that document required to be obtained annually by +each provider of ambulance services under section 9-206. +.PP +\f[I]Person\f[R] means and includes any individual, firm, association, +partnership, corporation, or other group or combination acting as a +unit. +.PP +\f[I]Primary provider\f[R] means a public or private ambulance service +organization which has been designated by one or more governmental +entities to provide emergency ambulance coverage throughout a defined +geographic area. +.PP +\f[I]Priority\f[R]. +.PP +\f[I]Code three\f[R] means an emergent type of call. +This call is made with the use of emergency lights and sirens. +An emergency call is defined as any request for ambulance services +suspected of being life or limb threatening in nature and requiring the +immediate response of an ambulance provider. +.PP +\f[I]Code one\f[R] means the non-emergent type of call. +This call is made without the use of emergency lights and siren. +A non-emergent call is defined as any request for routine transport that +is either medically urgent or scheduled in advance and non-life or -limb +threatening in nature. +.PP +\f[I]Provider\f[R] means any ambulance operation granted a permit by +this jurisdiction to provide ambulance service in the service area. +.PP +\f[I]Response time standards\f[R]. +The response time for all emergency calls will be eight minutes or less, +with a reliability of 90 percent or better, calculated, maintained and +reported on a monthly basis. +All non-emergent medically urgent calls shall be services within one +hour of receipt. +All scheduled transfers shall be serviced within one hour of the +scheduled time. +.PP +\f[I]Service area\f[R] means that primary service area which is +contained within the boundaries of the municipalities which have adopted +and agreed to enforce this uniform ambulance code. +.PP +\f[I]System standard of care\f[R] means the written body of standards +and policies governing clinical aspects of the EMS system. +As used in this context, \[dq]system standard of care\[dq] is a +comprehensive term including: +.IP " 1." 4 +Input standards (e.g., personnel certification requirements, in-service +training requirements, equipment specifications, on-board inventory +requirements, and other requirements which the system must fulfill +before receipt of a request for service); +.IP " 2." 4 +Performance standards (e.g., priority dispatching protocols and +pre-arrival instructions, medical protocols, standing orders, response +time standards, and other performance specifications describing how the +system should behave upon receipt of a request for service); and +.IP " 3." 4 +Outcome standards (e.g., results the system intends to achieve by +meeting its input and performance standards). +.LP +\f[I]System status plan\f[R] means the dispatching plan and protocols +which determine how many ambulances will be available for dispatch, +protocols for event-driven deployment and redeployment of those +ambulances. +.PP +(Code 1999, § 9-201; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director" -A "\c" \ + -- "Sec 9-202 Medical Director" +\& +.IP " 1." 4 +The medical director shall: +.RS 4 +.IP " 1." 4 +Promulgate a system standard of care to include medical protocols +designed to achieve a state-of-the-art medical quality of emergency +medical care within the service area; +.IP " 2." 4 +Prescribe EMS data system and reporting standard by rule or regulation; +.IP " 3." 4 +Prescribe and administer written and practical tests and criteria for +the certification and licensing of emergency medical personnel and +ambulance vehicles; +.IP " 4." 4 +Prescribe and administer a first responder and an emergency medical +technician/defibrillator (EMT/D) program. +.RE +.IP " 2." 4 +The salary of the medical director shall be borne pro rata by providers. +.IP " 3." 4 +The medical director shall be provided by the primary ambulance provider +with the approval of the city council. +.LP +(Code 1999, § 9-202; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)" -A "\c" \ + -- "Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering Point (P.S.A.P.)" +\& +.IP " 1." 4 +All providers rendering emergency service under this chapter shall be +dispatched and controlled through the city P.S.A.P. +It is unlawful for any provider to publish or advertise any telephone +number for the purposes of receiving request for emergency ambulance +service except the emergency number (911) of the P.S.A.P. +Request for ambulance service received at the city P.S.A.P. +will be transferred to the Midwest City Emergency Operations Center. +.IP " 2." 4 +The P.S.A.P. +shall at all times have the authority to direct the positioning, +movements and run response of all ambulance units of all providers at +all times. +The city P.S.A.P. +will be notified anytime there is not an ambulance available in the city +limits. +Location and status of next available unit will also be reported to the +P.S.A.P. +at this time. +.LP +(Code 1999, § 9-203; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards" -A "\c" \ + -- "Sec 9-204 Mandatory EMS Data System And Reporting Standards" +\& +.IP " 1." 4 +As a condition of maintaining its permit in good standing, each provider +shall comply with EMS data system and reporting standards as prescribed +by the medical director. +.IP " 2." 4 +Failure to comply with data system and reporting requirements, or to +keep the P.S.A.P. +completely informed concerning the location and status of all units at +all times, or failure to carry out P.S.A.P. +directives shall constitute grounds for immediate suspension or +revocation of the provider\[aq]s permit. +.LP +(Code 1999, § 9-204; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements" -A "\c" \ + -- "Sec 9-205 Insurance Requirements" +\& +.IP " 1." 4 +Each provider shall keep in full force and effect a policy of public +liability and property damage insurance, issued by a casualty insurance +company authorized to do business in the state, with coverage provisions +insuring the public from any loss or damage that may arise to any person +or property by reason of the operation of the provider\[aq]s ambulance, +and providing that amount of recovery shall be in limits of not less +than the following sums: +.RS 4 +.IP " 1." 4 +For the damages arising out of bodily injury to or death of one person +in any one accident, not less than $1,000,000.00; +.IP " 2." 4 +For damages arising out of bodily injury to or death of two or more +persons in any one accident, not less than $1,000,000.00; and +.IP " 3." 4 +For any injury to or destruction of property in any one accident, not +less than $1,000,000.00. +.RE +.IP " 2." 4 +Each provider shall keep in full force and effect a general +comprehensive liability and professional liability policy issued by a +casualty insurance company authorized to do business in the state, with +coverage provisions insuring the public from any loss or damage that may +arise to any person or property by reason of the actions of the provider +or any of his employees, and providing that the amount of recovery shall +be in limits of not less than $3,000,000.00. +.IP " 3." 4 +Each provider shall furnish, prior to issuance of its license, an +original and duplicate certificates of insurance which shall indicate +the types of insurance, the amount of insurance and the expiration dates +of all policies carried by the provider. +Each certificate of insurance shall name the city as an additional named +insured, and shall contain a statement by the insurer issuing the +certificate that the policies of insurance listed thereon will not be +canceled or materially altered by the insurer absent 30 days\[aq] +written notice received by the city. +.IP " 4." 4 +Cancellation or material alteration of a required insurance policy or +coverage shall automatically revoke the provider\[aq]s permit, and the +provider shall thereupon cease and desist from further ambulance service +operations. +.LP +(Code 1999, § 9-205; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits" -A "\c" \ + -- "Sec 9-206 Ambulance Permits" +\& +.IP " 1." 5 +No person may provide ambulance service on an emergency or routing +transfer basis or transport or treat patients in an ambulance, within +this jurisdiction, without first obtaining a permit issued pursuant to +the provisions of this section, except for those uses exempted below. +.IP " 2." 5 +No permit shall be issued or continued in operation unless the holder +thereof has paid an annual fee in the amount previously established by +ordinance or resolution for the right to engage in the ambulance +business, and the amount established by ordinance or resolution each +year for each vehicle being a vehicle permit authorized under +ordinances. +.IP " 3." 5 +No permit shall be assignable or transferable by the person to whom +issued except as herein provided. +.IP " 4." 5 +No transfer or assignment of existing permits shall be effective absent +the assent and approval of the city. +.IP " 5." 5 +Any transfer of shares of stock or interest of any person or provider so +as to cause a change in the directors, officers, shareholders, or +managers of such persons or provider shall be deemed a transfer or +assignment, subject to these provisions. +.IP " 6." 5 +The issuance of any permit by the city shall be made only to a provider +holding a valid state permit and such permit shall be conditioned upon +written submission of an approval by the medical director of the +following items: +.RS 5 +.IP " 1." 4 +Proforma system status plan, which shall show assumed response time +reliability based thereon; +.IP " 2." 4 +Proforma medical quality assurance plan, which shall describe the +applicant\[aq]s medical quality assurance plan, and which shall +demonstrate the applicant\[aq]s ability to deliver medical care meeting +the system standard of care, as promulgated by the medical director; +.IP " 3." 4 +Proforma staffing plan, providing for staffing at not less than the +EMT/paramedic level in accordance with state statutes; +.IP " 4." 4 +Proforma equipment plan, which will show compliance with the state +department of health requirements for paramedic life support service +unit equipment and drugs. +All drugs carried shall be described in the patient care protocols and +approved for use by the medical director. +In addition to the described equipment and drugs, all units shall have +the following diagnostic equipment: +.RS 4 +.IP " 1." 4 +Non-invasive cardiac pacemaker; +.IP " 2." 4 +Portable ventilator and demand valve; +.IP " 3." 4 +Pulse oximetry; +.IP " 4." 4 +Electronic intravenous infusion control device; +.IP " 5." 4 +Electronic blood flow detection device (Doppler); +.IP " 6." 4 +Method for blood glucose determination; +.RE +.IP " 5." 4 +Evidence of insurance, as required in section 9-205. +.RE +.IP " 7." 5 +Upon approval by the medical control board of the applicant\[aq]s +submission, the applicant shall receive a probationary permit. +Such probationary permit shall allow the applicant to provide, from the +effective date of the probationary permit, ambulance service within this +jurisdiction. +.IP " 8." 5 +Each provider shall comply with its proforma system status plan and its +proforma medical quality assurance plan from the effective date of its +probationary permit. +.IP " 9." 5 +During the six months of the provider\[aq]s probationary permit, the +provider\[aq]s response times and clinical quality of care shall be +carefully evaluated. +If the provider\[aq]s performance is consistently and substantially +within the proforma plans, and in compliance with the terms of this +chapter, such probationary permit shall become a valid permit, renewable +annually upon continual compliance with this chapter. +.IP " 10." 5 +Thereafter, chronic failure to comply with response time standards or +clinical quality of care shall be grounds to revoke the provider\[aq]s +permit. +.IP " 11." 5 +If any provider\[aq]s permit is suspended three times within any +three-year period for failure to make required payments, such permit +shall be automatically revoked, upon the third event. +.IP " 12." 5 +The Midwest City Regional Hospital Ambulance Service is hereby granted a +temporary permit which shall expire September 19, 1996, and be issued +annually as a regular permit unless terminated by either the city or +Midwest City Regional Hospital Ambulance Service upon 60 days\[aq] +written notice of termination to the other party. +.LP +(Code 1999, § 9-206; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required" -A "\c" \ + -- "Sec 9-207 Response Time Performance Required" +\& +.LP +Every provider, as a condition of maintaining its permit, shall employ +sufficient personnel, acquire sufficient equipment, and manage its +resources as necessary to achieve the response time standards on all +emergency calls or requests for routine transport origination within the +city limits, received by, or referred to the provider as established in +section 9-201. +The provider shall prepare and submit a monthly report showing +compliance with section 9-201. +.PP +(Code 1999, § 9-207; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport" -A "\c" \ + -- "Sec 9-208 Prohibition Against Refusal To Transport" +\& +.LP +It is a violation of this chapter for any provider to fail to respond to +a call or to transport or to render emergency first aid treatment, as is +necessary, or to otherwise refuse or fail to provide any ambulance +services originating within the service area because of the +patient\[aq]s perceived, demonstrated or stated inability to pay for +such services, or because of the location of the patient within the +service area or because of the unavailable status of any ambulance unit +at the time of the request. +Chronic violation of this provision shall be grounds to revoke a +provider\[aq]s permit. +.PP +(Code 1999, § 9-208; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations" -A "\c" \ + -- "Sec 9-209 Violations" +\& +.IP " 1." 4 +It is unlawful: +.RS 4 +.IP " 1." 4 +To perform duties as an ambulance driver or attendant without a current +state EMT license; +.IP " 2." 4 +To permit a person to work as an ambulance driver or attendant without a +current state EMT license; +.IP " 3." 4 +To use, or cause to be used, any ambulance provider other than a +provider holding a valid permit, except those services described in +subsection (B) of this section; +.IP " 4." 4 +For any persons, firm or organization to provide ambulance service +within this jurisdiction other than a provider which is a holder of a +valid permit; +.IP " 5." 4 +To knowingly give false information to induce the dispatch of an +ambulance or helicopter rescue unit. +.RE +.IP " 2." 4 +It shall be a defense to an alleged violation that the vehicle or +ambulance is: +.RS 4 +.IP " 1." 4 +A privately-owned vehicle not ordinarily used in the business of +transporting patients who are sick, injured, wounded, incapacitated or +helpless; +.IP " 2." 4 +A vehicle rendering services as an ambulance in the event of a major +catastrophe or emergency when ambulances with permits based in the +locality of the catastrophe or emergency are incapacitated or +insufficient in number to render the services needed; +.IP " 3." 4 +An ambulance owned or operated by the federal or state government; +.IP " 4." 4 +An ambulance transporting a patient to a location within this +jurisdiction, which transport originated from a point outside the +service area; +.IP " 5." 4 +An ambulance responding to a call pursuant to a mutual aid agreement +with a licensed provider; +.IP " 6." 4 +An ambulance owned and operated by a hospital and used exclusively for +specialized mobile intensive care or for inter-institutional transfers +of admitted patients of the owner hospital, provided the ambulance or +helicopter rescue unit has a valid special use permit issued by the +medical director on a need and necessity basis; +.IP " 7." 4 +A vehicle transporting a patient from a medical facility or nursing home +which is located within the service area to any jurisdiction outside the +service area, if the receiving jurisdiction allows any ambulance service +permitted hereunder to lawfully transport patients from medical +facilities or nursing homes located within the receiving jurisdiction to +a destination within the service area. +Also, a vehicle transporting a patient to or from a medical facility or +nursing home located within the service area to or from any +unincorporated or unregulated area. +.RE +.LP +(Code 1999, § 9-209; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties" -A "\c" \ + -- "Sec 9-210 Penalties" +\& +.IP " 1." 4 +Any person convicted of violating any of the provisions of this chapter +shall be punished as provided in section 1-108. +This penalty does not serve to limit any other remedies available to +this jurisdiction in law or equity. +.IP " 2." 4 +Each day that any violation of the provisions of this chapter is +committed or permitted to continue shall constitute a separate offense. +.LP +(Code 1999, § 9-217; Ord. +No. +503, 1-15-1990; Ord. +No. +20(92), 4-6-1992; Ord. +No. +144(96), 2-5-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS" -A "\c" \ + -- "CHAPTER 9-3 BILLIARD AND POOL HALLS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions" -A "\c" \ + -- "Sec 9-301 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee" -A "\c" \ + -- "Sec 9-302 License Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons" -A "\c" \ + -- "Sec 9-303 Alcoholic Beverages; Intoxicated Persons" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation" -A "\c" \ + -- "Sec 9-304 Permitted Hours Of Operation" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions" -A "\c" \ + -- "Sec 9-301 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Billiard hall\f[R] or \f[I]pool hall\f[R] means a business +establishment where a charge is made for the playing of pool or +billiards for profit by the operators thereof. +.PP +(Prior Code, § 6-56, in part; Code 1999, § 9-301) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee" -A "\c" \ + -- "Sec 9-302 License Fee" +\& +.LP +A license fee per table shall be paid annually to the city clerk for a +billiard emporium license expiring April 30 of each year. +.PP +(Prior Code, § 6-57; Code 1999, § 9-302) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons" -A "\c" \ + -- "Sec 9-303 Alcoholic Beverages; Intoxicated Persons" +\& +.IP " 1." 4 +Alcoholic beverage or low-point beer may be consumed or sold on the +premises of a pool or billiard hall. +.IP " 2." 4 +Intoxicated persons shall not be permitted to remain on the premises. +.LP +(Code 1999, § 9-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation" -A "\c" \ + -- "Sec 9-304 Permitted Hours Of Operation" +\& +.LP +A billiard hall may be open during the following hours only: +.IP " 1." 4 +6:00 a.m. +until 12:00 midnight Monday through Thursday; +.IP " 2." 4 +6:00 a.m. +until 2:00 a.m. +Friday and Saturday; and +.IP " 3." 4 +12:00 noon until 5:00 p.m. +Sunday. +.LP +(Prior Code, § 6-59; Code 1999, § 9-304) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS" -A "\c" \ + -- "CHAPTER 9-4 CHILD CARE ESTABLISHMENTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions" -A "\c" \ + -- "Sec 9-401 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions" -A "\c" \ + -- "Sec 9-402 Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required" -A "\c" \ + -- "Sec 9-403 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited" -A "\c" \ + -- "Sec 9-404 Operation In Residential Structure Other Than Residence Of Owner Or Operator Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions" -A "\c" \ + -- "Sec 9-405 Zoning Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections" -A "\c" \ + -- "Sec 9-406 Inspections" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation" -A "\c" \ + -- "Sec 9-407 Nonconforming Continuation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement" -A "\c" \ + -- "Sec 9-408 Enforcement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter" -A "\c" \ + -- "Sec 9-409 Penalty For Violation Of Chapter" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] State licensing of child care +facilities, 10 O.S. +§ 401 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions" -A "\c" \ + -- "Sec 9-401 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Day care center\f[R] means any place, home or institution which +receives eight or more children under the age of 16 years, who are not +of common parentage, for care apart from their parents, legal guardians +or custodians, when such care is received for regular periods of time +for compensation. +.PP +\f[I]Family day care\f[R] \f[I]home\f[R] means any place, home or +institution which receives seven or less children under the age of 16 +years, who are not of common parentage, for care apart from their +parents, legal guardians or custodians, when such care is received for +regular periods of time for compensation. +.PP +(Prior Code, § 6-96; Code 1999, § 9-401; Ord. +No. +35(92), 9-21-1992) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions" -A "\c" \ + -- "Sec 9-402 Exceptions" +\& +.LP +Places, homes or institutions excepted from the definitions of a day +care center or family day care home are: +.IP " 1." 4 +Those public and private schools organized, operated or approved under +the laws of the state and regulated by the state department of +education; +.IP " 2." 4 +Those where custody of the children has been fixed by a court of +competent jurisdiction; +.IP " 3." 4 +Those where children are related by blood or marriage within the third +degree of the custodial person; and +.IP " 4." 4 +Those public or private institutions caring for children while the +parents, legal guardians or custodians are attending services, meetings, +classes, or otherwise engaging in that institution\[aq]s activities to +the extent such care and custody does not exceed four hours at any one +time. +.LP +(Prior Code, § 6-96; Code 1999, § 9-402) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required" -A "\c" \ + -- "Sec 9-403 License Required" +\& +.LP +No day care center may be operated in the city, regardless of zoning, +without having the license of approval of the state department of human +services, and operating such under their rules and regulations. +.PP +(Prior Code, § 6-97; Code 1999, § 9-403) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited" -A "\c" \ + -- "Sec 9-404 Operation In Residential Structure Other Than Residence Of Owner Or Operator Prohibited" +\& +.LP +No day care center may be operated in the city in a residential +structure unless that structure is actually the place of residence for +the owner or operator of such child care facility. +.PP +(Prior Code, § 6-98; Code 1999, § 9-404) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions" -A "\c" \ + -- "Sec 9-405 Zoning Restrictions" +\& +.LP +Any day care center can only be operated in accordance with the city +zoning regulations. +.PP +(Prior Code, § 6-99; Code 1999, § 9-405) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections" -A "\c" \ + -- "Sec 9-406 Inspections" +\& +.LP +Any day care center shall be open to the inspection of the director of +the health department, fire marshal and officials of the department of +human services, or their designated representatives, so long as such +inspections are made during reasonable hours of the establishment\[aq]s +operations. +.PP +(Prior Code, § 6-100; Code 1999, § 9-406) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation" -A "\c" \ + -- "Sec 9-407 Nonconforming Continuation" +\& +.LP +Any licensed day care center or child care establishment in lawful +operation on February 2, 1983, may continue in operation. +.PP +(Prior Code, § 6-101; Code 1999, § 9-407) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement" -A "\c" \ + -- "Sec 9-408 Enforcement" +\& +.LP +Enforcement of this chapter shall be the responsibility of the code +enforcement officer for the city. +.PP +(Prior Code, § 6-102; Code 1999, § 9-408) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter" -A "\c" \ + -- "Sec 9-409 Penalty For Violation Of Chapter" +\& +.LP +Any person violating any of the foregoing provisions of this article +shall be deemed guilty of a misdemeanor and, upon conviction thereof, +shall be punished as provided in section 1-108. +Each day\[aq]s violation thereof shall be deemed a separate offense. +.PP +(Code 1999, § 9-409) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS" -A "\c" \ + -- "CHAPTER 9-5 DANCE HALLS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition" -A "\c" \ + -- "Sec 9-501 Definition" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required" -A "\c" \ + -- "Sec 9-502 Permit Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited" -A "\c" \ + -- "Sec 9-503 Issuance To Persons Holding Liquor Or Beer License Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited" -A "\c" \ + -- "Sec 9-504 Issuance For Locations Near Churches Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 9-505 Parking Prerequisite To Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee" -A "\c" \ + -- "Sec 9-506 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit" -A "\c" \ + -- "Sec 9-507 Juvenile Discos, Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted" -A "\c" \ + -- "Sec 9-508 Persons Under 16, Presence Restricted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations" -A "\c" \ + -- "Sec 9-509 Intoxicated Persons, Liquor Violations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation" -A "\c" \ + -- "Sec 9-510 Time Of Operation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty" -A "\c" \ + -- "Sec 9-511 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition" -A "\c" \ + -- "Sec 9-501 Definition" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Public dance hall\f[R] and \f[I]dance hall\f[R] mean and include +places where the general public is admitted, for a stipulated price, for +the purpose of dancing to music, recorded, reproduced, or otherwise +provided by the operator of the premises, for private gain or profit. +The terms \[dq]public dance hall\[dq] and \[dq]dance hall\[dq] shall not +include private dances conducted for recreational purposes and not for +profit, by bona fide lodges, posts, clubs, schools, fraternal, +benevolent, or charitable organizations; provided, however, that a +juvenile disco shall not be defined as a dance hall or public dance +hall. +.PP +(Prior Code, § 6-66; Code 1999, § 9-501) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required" -A "\c" \ + -- "Sec 9-502 Permit Required" +\& +.LP +It is hereby declared to be unlawful for any person to operate any +public dance hall within the city limits without first having procured a +permit therefor as provided in this chapter. +.PP +(Prior Code, § 6-67; Code 1999, § 9-502) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited" -A "\c" \ + -- "Sec 9-503 Issuance To Persons Holding Liquor Or Beer License Prohibited" +\& +.LP +Permits for public dance halls shall be issued by the city clerk and it +shall be unlawful for any person to procure from the clerk a permit, or +for the city clerk to issue a permit, to any person to operate or +maintain a dance hall in any building or room in the city limits who +holds a license or receipt issued by the United States or the state +authorizing the sale of alcoholic beverages or low-point beer or +covering any premises occupied or used by any person holding a license +or receipt issued for any such purpose. +.PP +(Prior Code, § 6-68; Code 1999, § 9-503) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited" -A "\c" \ + -- "Sec 9-504 Issuance For Locations Near Churches Prohibited" +\& +.LP +It shall be unlawful for any person to procure from the city clerk a +permit, or for the city clerk to issue a permit to any person to operate +or maintain a public dance hall in any building or room within the +corporate limits which is situated within 1,000 feet of any church, or +regular place of religious worship. +.PP +(Prior Code, § 6-69; Code 1999, § 9-504) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance" -A "\c" \ + -- "Sec 9-505 Parking Prerequisite To Issuance" +\& +.LP +Before any permit is issued to any person for the conduct of a public +dance hall, as defined in this chapter, the applicant for such license +shall exhibit to the city clerk the lease agreement or rental contract +covering the period of time for which such license is to be issued, +describing the premises leased or rented to the applicant, and revealing +the number of square feet of floor area normally used for dancing +purposes and the number of square feet leased or rented for parking +facilities. +No permit shall be issued unless it shall affirmatively appear to such +clerk that the applicant can meet the city\[aq]s off-street parking +requirements. +.PP +(Prior Code, § 6-70; Code 1999, § 9-505) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee" -A "\c" \ + -- "Sec 9-506 Fee" +\& +.LP +Before a permit is issued to any person for the operation of a public +dance hall, he shall pay to the city clerk a permit fee per year for +each and every dance hall to be operated in the city. +Such license shall begin and end with the fiscal year and shall expire +at 12:00 midnight June 30 of each succeeding year and shall not be +issued for less than one year and the payment of the fee thereof. +No permit issued by virtue of the provisions of this chapter shall be +assigned to any other person. +.PP +(Prior Code, § 6-71; Code 1999, § 9-506) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit" -A "\c" \ + -- "Sec 9-507 Juvenile Discos, Permit" +\& +.IP " 1." 4 +It is unlawful for any person to operate a juvenile disco within the +city limits without first having procured a permit therefor as herein +provided. +.IP " 2." 4 +Before a permit is issued to any person for the operation of a juvenile +disco, the applicant shall pay to the city clerk a permit fee per year +for each and every juvenile disco to be operated in the city. +Such license or permit shall begin and end with the fiscal year and +shall expire at 12:00 midnight June 30 of each succeeding year. +No permit or license shall be assigned and such license shall be revoked +and canceled by the municipal judge upon conviction more than once of a +violation of the terms of this chapter. +.IP " 3." 4 +The provisions of this chapter, except the age limitation of section +9-508, are applicable to, and are to be observed by, juvenile discos. +It shall be a violation to not comply with the terms thereof. +.IP " 4." 4 +Juvenile discos shall operate only on Friday from 6:00 p.m. +to 12:00 midnight and on Saturday from 6:00 p.m. +to 12:00 midnight. +.LP +(Code 1999, § 9-507) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted" -A "\c" \ + -- "Sec 9-508 Persons Under 16, Presence Restricted" +\& +.LP +It is unlawful for any person operating a dance hall in the city, who +has been issued a permit as provided in this chapter, to permit any +person under the age of 16 years to resort to, be in or dance in such +place unless accompanied by a parent or guardian. +.PP +(Prior Code, § 6-73; Code 1999, § 9-508) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations" -A "\c" \ + -- "Sec 9-509 Intoxicated Persons, Liquor Violations" +\& +.LP +It is unlawful for any person operating a dance hall in the city, who +has been issued a permit as provided in this chapter to: +.IP " 1." 4 +Permit any intoxicated person to be in, or dance therein; +.IP " 2." 4 +Permit any person to violate any of the laws known as prohibitory liquor +laws; +.IP " 3." 4 +Permit any person to violate any state or federal or city law or +ordinance pertaining to the regulation, sale or disposition of +nonintoxicating beverages; and +.IP " 4." 4 +Permit any person to bring on such premises operated as a dance hall +alcoholic beverages or low-point beer, or drink or consume alcoholic +beverages or low-point beer on or about such premises. +.LP +(Prior Code, § 6-74; Code 1999, § 9-509) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation" -A "\c" \ + -- "Sec 9-510 Time Of Operation" +\& +.LP +All persons operating dance halls within the corporate limits of the +city shall close their place of business at 12:00 midnight and shall not +reopen for business before 8:00 a.m., except Sundays, and on Sundays +such business shall be closed at 12:00 midnight Saturday and remain +closed until 8:00 a.m. +on Monday following and shall not permit any dancing of any kind during +the hours herein specified as closing hours. +.PP +(Prior Code, § 6-75; Code 1999, § 9-510) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty" -A "\c" \ + -- "Sec 9-511 Penalty" +\& +.LP +Any violation of this chapter is punishable as provided in section +1-108. +.PP +(Code 1999, § 9-511) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS" -A "\c" \ + -- "CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA MARKETS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES" -A "\c" \ + -- "ARTICLE 9-6A RESIDENTIAL SALES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS" -A "\c" \ + -- "ARTICLE 9-6B FLEA MARKETS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES" -A "\c" \ + -- "ARTICLE 9-6A RESIDENTIAL SALES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions" -A "\c" \ + -- "Sec 9-601 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility" -A "\c" \ + -- "Sec 9-602 One License Required Per Location; Eligibility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application" -A "\c" \ + -- "Sec 9-603 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation" -A "\c" \ + -- "Sec 9-604 Issuance; Term; Investigation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee" -A "\c" \ + -- "Sec 9-605 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal" -A "\c" \ + -- "Sec 9-606 Revocation Or Refusal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales" -A "\c" \ + -- "Sec 9-607 Interval Between Sales" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs" -A "\c" \ + -- "Sec 9-608 Signs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods" -A "\c" \ + -- "Sec 9-609 Display Of Goods" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article" -A "\c" \ + -- "Sec 9-610 Persons Exempt From Article" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty" -A "\c" \ + -- "Sec 9-611 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions" -A "\c" \ + -- "Sec 9-601 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Residential sale\f[R] means any sale or what is held out to be or +is commonly known as a garage, porch, room, backyard, front yard or +patio sale or any other type of general sale conducted from or on any +premises not located in a zoning district which permits such sales, +where goods or articles of any type are held out for sale to the public. +This definition shall not include a situation where specific items are +held out for sale and all advertisement of such sale specifically names +the items to be sold. +.PP +(Prior Code, § 6-321; Code 1999, § 9-601) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility" -A "\c" \ + -- "Sec 9-602 One License Required Per Location; Eligibility" +\& +.IP " 1." 4 +It is unlawful for any person to hold, conduct, engage in or participate +in any manner in a residential sale without first having obtained a +license as provided for in this chapter. +.IP " 2." 4 +The issuance of a license under the provisions of this chapter shall not +exempt such persons from the terms and provisions of other ordinances or +laws. +.IP " 3." 4 +A separate license shall be required for each location at which a +residential sale is to be held. +.IP " 4." 4 +No location shall be eligible for more than one license in any +three-month period unless there has been a change in the lawful +possession of such location. +.IP " 5." 4 +In the event of rain or other seriously inclement weather conditions, +the applicant may return the garage sale license to the city for a rain +check. +A rain check shall be used within the 21-day period and following the +dates initially scheduled for the garage sale and only one rain check +will be allowed within a three-month period. +.LP +(Prior Code, § 6-322; Code 1999, § 9-602; Ord. +No. +487(89), 6-5-1989; Ord. +No. +78(94), 3-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application" -A "\c" \ + -- "Sec 9-603 Application" +\& +.LP +An applicant for a license shall furnish the city clerk with the +following information: +.IP " 1." 4 +Full name and address of the applicant; +.IP " 2." 4 +The location at which the proposed residential sale is to be held; and +.IP " 3." 4 +The dates upon which the sale is to be held. +.LP +(Prior Code, § 6-323; Code 1999, § 9-603; Ord. +No. +78(94), 3-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation" -A "\c" \ + -- "Sec 9-604 Issuance; Term; Investigation" +\& +.IP " 1." 4 +The city clerk is hereby authorized to grant a license for a residential +sale for a period not to exceed three consecutive days to any person +applying who otherwise complies with the requirements of this article +and ordinances of the city. +.IP " 2." 4 +If a residential sale is not held on the dates for which the license is +issued or is terminated during the first day of the sale because of +inclement weather conditions, and an affidavit by the license holder to +this effect is submitted, the city clerk may issue another license to +the applicant for a residential sale to be conducted at the same +location within 21 days from the date when the first sale was to be +held. +.IP " 3." 4 +Before issuing a residential sale license, the city clerk may conduct +such investigation as may reasonably be necessary to determine if there +is compliance with this article or city ordinances. +.LP +(Prior Code, § 6-325; Code 1999, § 9-604; Ord. +No. +57(93), 7-6-1993; Ord. +No. +78(94), 3-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee" -A "\c" \ + -- "Sec 9-605 Fee" +\& +.LP +For the purpose of helping to defray the cost of inspection and +enforcement of this article, there is hereby levied a fee for +residential sale licenses in the amount as set by the council by motion +or resolution. +.PP +(Code 1999, § 9-605; Ord. +No. +487(89), 6-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal" -A "\c" \ + -- "Sec 9-606 Revocation Or Refusal" +\& +.LP +Any license issued under this article may be revoked or any application +for issuance of a license may be refused by the city clerk if the +application submitted by the applicant or license holder contains any +false, fraudulent or misleading statement. +.PP +(Prior Code, § 6-326; Code 1999, § 9-606) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales" -A "\c" \ + -- "Sec 9-607 Interval Between Sales" +\& +.LP +No person shall hold, conduct or engage in or participate in any manner +or allow a residential sale to be held or conducted on premises under +his control or ownership more than one time in any three-month period, +subject, however, to the exceptions allowed in this article. +.PP +(Prior Code, § 6-327; Code 1999, § 9-607; Ord. +No. +78(94), 3-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs" -A "\c" \ + -- "Sec 9-608 Signs" +\& +.IP " 1." 4 +Not more than five signs shall be used for the purpose of advertising, +or otherwise calling attention to, a residential sale licensed under +this article, and only signs as provided by the city, upon issuance of +the residential sale permit, shall be allowed. +One sign shall be located on the immediate premises where the sale is to +be conducted. +The remaining four signs may be located off the immediate premises where +the sale is to be conducted. +Such signs shall only be erected in accordance with the instructions +issued by the city\[aq]s building department. +.IP " 2." 4 +All signs advertising the residential sale must be removed within 48 +hours after the residential sale license has expired. +Failure to remove the signs within 48 hours will result in a fine as +provided in section 1-108. +.LP +(Code 1999, § 9-608; Ord. +No. +487(89), 6-5-1989; Ord. +No. +78(94), 3-7-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods" -A "\c" \ + -- "Sec 9-609 Display Of Goods" +\& +.LP +The sale area of any residential sale shall be confined to the premises +for which the license has been issued. +.PP +(Code 1999, § 9-609; Ord. +No. +487(89), 6-5-1989) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article" -A "\c" \ + -- "Sec 9-610 Persons Exempt From Article" +\& +.LP +The provisions of this article shall not apply to or affect the +following persons: +.IP " 1." 4 +Persons acting pursuant to an order or process of a court of competent +jurisdiction; +.IP " 2." 4 +Persons acting in accordance with their powers and duties as public +officials; or +.IP " 3." 4 +Duly licensed auctioneers selling at auction. +.LP +(Prior Code, § 6-330; Code 1999, § 9-610) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty" -A "\c" \ + -- "Sec 9-611 Penalty" +\& +.LP +Any person who violates this article shall be punished by fine as +provided in section 1-108. +.PP +(Code 1999, § 9-611) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS" -A "\c" \ + -- "ARTICLE 9-6B FLEA MARKETS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions" -A "\c" \ + -- "Sec 9-621 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions" -A "\c" \ + -- "Sec 9-622 License Provisions, Requirements, And Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions" -A "\c" \ + -- "Sec 9-623 Unlawful Transactions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit" -A "\c" \ + -- "Sec 9-624 Sales Tax Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements" -A "\c" \ + -- "Sec 9-625 Zoning Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements" -A "\c" \ + -- "Sec 9-626 Site Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements" -A "\c" \ + -- "Sec 9-627 Water Supply Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal" -A "\c" \ + -- "Sec 9-628 Restroom And Sewage Disposal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control" -A "\c" \ + -- "Sec 9-629 Refuse Control" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control" -A "\c" \ + -- "Sec 9-630 Insect And Rodent Control" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection" -A "\c" \ + -- "Sec 9-631 Fire Protection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems" -A "\c" \ + -- "Sec 9-632 Public Address Systems" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark" -A "\c" \ + -- "Sec 9-633 Sales After Dark" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market" -A "\c" \ + -- "Sec 9-634 Sales Of Animals, Outdoor Flea Market" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty" -A "\c" \ + -- "Sec 9-635 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions" -A "\c" \ + -- "Sec 9-621 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Flea market\f[R] means a market, indoors or out of doors, where new +or used items are sold from individual locations, with each location +being operated independently from the other locations. +Items sold include, but are not limited to, household items, antiques, +rare items, decorations, used books and used magazines. +.PP +\f[I]Flea market seller\f[R] means a person, firm or corporation selling +items or offering items for sale at a flea market. +.PP +\f[I]Market\f[R] means a place where goods are sold to the public. +.PP +(Code 1999, § 9-621; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions" -A "\c" \ + -- "Sec 9-622 License Provisions, Requirements, And Restrictions" +\& +.IP " 1." 4 +No person, firm or corporation shall operate the business of renting +space or allocating space to flea market sellers without first obtaining +a flea market operator\[aq]s license therefor. +Applications for licenses shall be made to the city clerk on forms +provided by the city clerk. +All flea market operator\[aq]s license applications shall be submitted +to the city clerk and shall be subject to background checks by the city +police department and by the community development director for site +approval. +Each license shall be for a period of one year and no license issued +pursuant to this section shall be transferred or assigned to any other +person or firm. +The fee for the license shall be that found in the schedule of fees and +charges. +.IP " 2." 4 +Each flea market operator required by this article to obtain a license +shall keep accurate records of names, addresses, and drivers\[aq] +license numbers, including state of issuance, for each flea market +seller, together with a brief description of the types of merchandise +offered for sale by that seller. +These records shall be provided to the city on at least a monthly basis. +.IP " 3." 4 +No person, firm or corporation operating a secondhand store shall be +required to obtain a license under this article for the same business +location. +.IP " 4." 4 +Any person, firm or corporation renting or allocating space to flea +market sellers in more than one place of business shall be required to +obtain a license for each place of business, provided that one license +shall be adequate for locations that are on the same lot. +.LP +(Code 1999, § 9-622; Ord. +No. +46(93), 2-1-1993; Ord. +No. +48, 2-16-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions" -A "\c" \ + -- "Sec 9-623 Unlawful Transactions" +\& +.LP +No person shall sell or offer for sale at any flea market any goods +known to such person to be stolen. +.PP +(Code 1999, § 9-623; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit" -A "\c" \ + -- "Sec 9-624 Sales Tax Permit" +\& +.LP +An individual vendor or seller shall be required to apply for and obtain +any required sales tax permit from the state tax commission. +The permit shall be displayed in a prominent place during all business +hours. +.PP +(Code 1999, § 9-624; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements" -A "\c" \ + -- "Sec 9-625 Zoning Requirements" +\& +.LP +A flea market shall be permitted only in a district as provided in the +city\[aq]s zoning ordinance. +.PP +(Code 1999, § 9-625; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements" -A "\c" \ + -- "Sec 9-626 Site Requirements" +\& +.IP " 1." 4 +\f[I]Flea market booths generally\f[R]. +Flea market booths or individual selling areas shall be located on +individual stands and all outdoor displays shall be of a type that can +easily be moved and stored out of sight. +.IP " 2." 4 +\f[I]Site improvement requirements for outdoor flea markets\f[R]. +.RS 4 +.IP " 1." 4 +The condition of soil, groundwater level, drainage and topography shall +not create hazards to the property or the health or safety of the +occupants. +The site shall not be exposed to objectionable smoke, noise, odors or +other adverse influences, and no portion subject to unpredictable or +sudden flooding or erosion shall be used for any purpose which would +expose persons or property to hazards; +.IP " 2." 4 +For outdoor flea markets, exposed ground surfaces in all parts of every +flea market shall be paved, or covered with stone screenings, or other +solid materials; and +.IP " 3." 4 +For outdoor flea markets, the ground surface in all parts of every flea +market shall be graded and equipped to drain all surface water in a +safe, efficient manner in order to eliminate water pockets, low areas or +bogs. +.RE +.IP " 3." 4 +\f[I]Setbacks, buffer strips and screening for outdoor flea +markets\f[R]. +.RS 4 +.IP " 1." 4 +All outdoor flea markets shall be located at least 25 feet from any +public street or highway right-of-way and at least 20 feet from the +exterior property boundary lines; and +.IP " 2." 4 +All outdoor flea markets adjacent to residential uses shall be provided +with screening of a well-maintained opaque fence along the boundary line +separating the market and adjacent zoning and uses. +Such screening shall be eight feet in height. +.RE +.IP " 4." 4 +\f[I]Street and parking requirements for flea markets\f[R]. +.RS 4 +.IP " 1." 4 +All flea markets shall be provided with safe and convenient vehicular +access from abutting public streets or roads or highways; +.IP " 2." 4 +Access to flea markets shall be designated to minimize congestion and +hazards at the entrance or exit and allow free movement of traffic on +adjacent streets; +.IP " 3." 4 +Off-street parking areas shall be provided in all flea markets. +Such areas shall be furnished at the rate of 5 1/2 spaces per 1,000 +square feet of gross sales area. +.RE +.IP " 5." 4 +\f[I]Walks, general requirements\f[R]. +All flea markets shall be provided safe, convenient, all-season, +dust-free, pedestrian access of adequate width for intended use, durable +and convenient to maintain. +Sudden changes in alignment and gradient shall be avoided. +.IP " 6." 4 +\f[I]Identification\f[R]. +Each booth or table shall be numbered. +.LP +(Code 1999, § 9-626; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements" -A "\c" \ + -- "Sec 9-627 Water Supply Requirements" +\& +.IP " 1." 4 +An accessible, adequate, safe and potable supply of water shall be +provided in each flea market. +Where a public supply of water of satisfactory quantity, quality and +pressure is available, connection shall be made to it and its supply +used exclusively. +When a satisfactory public water supply is not available, a private +water supply system may be developed and used as approved by the state +department of health in accordance with rules and regulations for water +supply quality control. +.IP " 2." 4 +The water supply system of the flea market shall be constructed and +connected in accordance with the plumbing code of the city. +.LP +(Code 1999, § 9-627; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal" -A "\c" \ + -- "Sec 9-628 Restroom And Sewage Disposal" +\& +.IP " 1." 4 +There shall be a minimum of one central restroom facility located on the +premises. +Within that central restroom there shall be separate facilities for men +and women. +.IP " 2." 4 +Hot and cold water shall be furnished to every lavatory and sink; cold +water shall be furnished to every water closet and urinal. +.IP " 3." 4 +Restrooms shall contain the minimum number of fixtures as required by +the plumbing code of the city. +.IP " 4." 4 +An adequate and safe sewage system shall be provided in all flea markets +for conveying and disposing of all sewage. +Such system and connection shall be designed, constructed and maintained +in accordance with the provisions of the plumbing code and sewer use +ordinances of the city. +.LP +(Code 1999, § 9-628; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control" -A "\c" \ + -- "Sec 9-629 Refuse Control" +\& +.LP +There shall be enough trash cans, lined with plastic containers, to +accommodate all the trash thrown away on the premises. +All trash shall be removed at least at the end of each day during which +the flea market is open. +.PP +(Code 1999, § 9-629; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control" -A "\c" \ + -- "Sec 9-630 Insect And Rodent Control" +\& +.LP +Grounds, buildings and structures shall be maintained free of insect and +rodent harborage and infestation. +.PP +(Code 1999, § 9-630; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection" -A "\c" \ + -- "Sec 9-631 Fire Protection" +\& +.IP " 1." 4 +Flea markets shall be kept free of litter, rubbish and other flammable +materials. +.IP " 2." 4 +Portable fire extinguishers shall be kept in all buildings and shall be +maintained in good operating condition. +.LP +(Code 1999, § 9-631; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems" -A "\c" \ + -- "Sec 9-632 Public Address Systems" +\& +.LP +Except for emergencies, the use of outdoor public address systems shall +be prohibited nor shall there by any outdoor music or other forms of +entertainment designed to entertain or attract the public in general. +This provision is not intended to prohibit a vendor from the private +listening of a radio or other music device, so long as the use of such +device does not violate the city\[aq]s noise ordinance. +.PP +(Code 1999, § 9-632; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark" -A "\c" \ + -- "Sec 9-633 Sales After Dark" +\& +.LP +There shall be no outdoor sales 30 minutes after sunset. +The official times for sunset and sunrise maintained by the National +Weather Service shall be used to determine sunset. +.PP +(Code 1999, § 9-633; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market" -A "\c" \ + -- "Sec 9-634 Sales Of Animals, Outdoor Flea Market" +\& +.LP +There shall be no selling or showing of animals of any kind on the +outdoor premises of any flea market or from any outdoor booth. +.PP +(Code 1999, § 9-634; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty" -A "\c" \ + -- "Sec 9-635 Penalty" +\& +.LP +Any person, firm or corporation violating any provision of this article +shall be, upon conviction, subject to the penalties as provided in +section 1-108. +A separate offense shall be deemed committed on each day during or on +which a violation occurs or continues. +.PP +(Code 1999, § 9-635; Ord. +No. +46(93), 2-1-1993) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS" -A "\c" \ + -- "CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE SOLICITATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS" -A "\c" \ + -- "ARTICLE 9-7A ITINERANT VENDORS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS" -A "\c" \ + -- "ARTICLE 9-7B CHARITABLE SOLICITATIONS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS" -A "\c" \ + -- "ARTICLE 9-7A ITINERANT VENDORS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions" -A "\c" \ + -- "Sec 9-701 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses" -A "\c" \ + -- "Sec 9-702 License Required, Blanket Licenses" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee" -A "\c" \ + -- "Sec 9-703 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License" -A "\c" \ + -- "Sec 9-704 Application For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval" -A "\c" \ + -- "Sec 9-705 Investigation, Approval Or Disapproval" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License" -A "\c" \ + -- "Sec 9-706 Bond For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process" -A "\c" \ + -- "Sec 9-707 Service Of Process" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods" -A "\c" \ + -- "Sec 9-708 Sale Of Foods" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display" -A "\c" \ + -- "Sec 9-709 Identification Tag Or Badge, Display" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours" -A "\c" \ + -- "Sec 9-710 Hours" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions" -A "\c" \ + -- "Sec 9-711 Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative" -A "\c" \ + -- "Sec 9-712 Provisions Cumulative" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty" -A "\c" \ + -- "Sec 9-713 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions" -A "\c" \ + -- "Sec 9-701 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Commercial\f[R] means soliciting for a business purpose which is +intended to be for profit and is not intended to be charitable, +religious, not-for-profit or political. +.PP +\f[I]Itinerant\f[R] means having no regular place of doing business or +soliciting in the city and includes, but is not limited to, making +regular delivery or providing goods over an established route through +the city. +.PP +\f[I]Peddler\f[R] means a person soliciting commercial orders for goods +or services which are to be provided from stocks or goods carried with +the peddler or which are services provided by the peddler at the time +the order is made. +.PP +\f[I]Soliciting\f[R] means and includes any one or more of the following +activities: +.IP " 1." 4 +Seeking to obtain orders for the purchase of goods, wares, merchandise, +food stuffs, or services, of any kind, character or description +whatever, for any kind of consideration whatever; +.IP " 2." 4 +Seeking to obtain prospective customers for application or purchase of +insurance of any type, kind or publication; +.IP " 3." 4 +Seeking to obtain subscriptions to books, magazines, periodicals, +newspapers and every other type or kind of publication; or +.IP " 4." 4 +Seeking to obtain gifts or contributions of money, clothing or any other +valuable thing for the support or benefit of any charitable or nonprofit +association, organization, corporation or project. +.LP +\f[I]Solicitor\f[R] means a person soliciting and includes a person +soliciting commercial orders for goods or services which are to be +provided or shipped to the consumer at a later date. +.PP +\f[I]Vendor\f[R] means any person engaged in a business or occupation +selling or offering to sell any merchandise, product or service, and +includes, but is not limited to, peddlers and solicitors. +.PP +(Prior Code, § 6-431, in part; Code 1999, § 9-701) +.PP +\f[B]State Law reference\f[R]\[em] State peddlers licenses, 47 O.S. +§ 434; ex-servicemen exempted if certified by district court, 72 O.S. +§ 1. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses" -A "\c" \ + -- "Sec 9-702 License Required, Blanket Licenses" +\& +.LP +Any itinerant vendor, solicitor or peddler shall obtain a license from +the city prior to any soliciting in the city, unless exempted herein, to +cover each person who will be soliciting and each location or separate +place of business. +.PP +(Prior Code, § 6-441, in part; Code 1999, § 9-702) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee" -A "\c" \ + -- "Sec 9-703 Fee" +\& +.LP +The fee for licenses herein required shall be as set by the city council +by motion or resolution. +The fees may be waived for educational, charitable, or religious groups, +qualifying as 501(c)(3) organizations who make house to house +solicitations. +.PP +(Prior Code, § 6-444, in part; Code 1999, § 9-703) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License" -A "\c" \ + -- "Sec 9-704 Application For License" +\& +.LP +Applicants for licenses shall file during regular business hours a +written application signed by the applicant, if an individual, by all +partners, if a partnership, and by a qualified corporate officer, if a +corporation, with the licensing officer, on a form prescribed by the +licensing officer. +The licensing officer may require the following: +.IP " 1." 4 +Name and address of the persons having the management or supervision of +the applicant\[aq]s business during the time that it is proposed to be +carried on in the city; the location or address of such persons when +engaged in such business; the permanent addresses of such persons; the +capacity in which such persons will act; and the name and address of the +person, firm or corporation for whose account the business will be +carried on, if any, and if a corporation, under the laws of what state +the same is incorporated; +.IP " 2." 4 +The places in the city within the proper zoning classification where it +is proposed to carry on the applicant\[aq]s business and the length of +time during which it is proposed that the business be conducted; +.IP " 3." 4 +Places, other than permanent place of business of the applicant, within +the six months next preceding the date of the application, where the +applicant has conducted a transient business; +.IP " 4." 4 +The nature of the goods or products being sold, that is whether they are +seconds, rejects or first-line quality, and whether any warranty applies +to the items being sold; if a warranty applies, the period of the +warranty and the name and address of the warrantor and the procedures +for filing for the adjustment of refund shall be specified; +.IP " 5." 4 +A statement that the applicant agrees to the requirement to pay all +state and city sales taxes due on all items which are subject to sales +taxes and recognizes that a copy of all applications will be provided to +the local office of the state tax commission; +.IP " 6." 4 +Current state sales tax permit number; +.IP " 7." 4 +Current license or permit, if any, which may be required by state law or +ordinances of the city for the particular activity or business; +.IP " 8." 4 +If a motor vehicle is to be used in the business, a description of the +vehicle, together with motor vehicle registration number and the license +number for the vehicle, and: +.RS 4 +.IP " 1." 4 +Proof of liability insurance required by state law; and +.IP " 2." 4 +Proof or verification from the insurance carrier that the city clerk +will be provided at least ten days\[aq] notice of any cancellation; and +.RE +.IP " 9." 4 +Proof of 501(c)(3) tax status if claiming exemption from the license +fees. +.LP +(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval" -A "\c" \ + -- "Sec 9-705 Investigation, Approval Or Disapproval" +\& +.IP " 1." 4 +All applications for licensing or registration shall be immediately +referred for investigation as to the truth thereof, which investigation +shall be conducted within ten business days after the application and +fee are deposited with the city. +.IP " 2." 4 +If the city finds no past history of the applicant indicating violations +of this Code and that the application is properly made and truthful, a +license shall be issued to the approved applicant upon payment of the +fee therefor and the filing of the required bond. +.IP " 3." 4 +In all matters of denial of the license or registration, the applicant +shall be forthwith advised thereof. +The applicant shall be advised that an appeal of a denied license may be +submitted to the city council. +.LP +(Code 1999, § 9-705) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License" -A "\c" \ + -- "Sec 9-706 Bond For License" +\& +.IP " 1." 4 +Before any license as provided by this article shall be issued, such +applicant shall file a bond running to the city. +A person engaging in business as an itinerant vendor shall file a bond +in the sum set forth in the bond schedule, secured by the applicant as +principal and two sureties upon whom service of process may be made in +the state. +.IP " 2." 4 +All such bonds shall be approved by the city attorney and conditioned +that: +.RS 4 +.IP " 1." 4 +The applicant shall comply with all of the provisions of the ordinances +of the city and the statutes of the state regulating and concerning the +sale of goods or wares and merchandise; and +.IP " 2." 4 +The applicant will pay all judgments rendered against the applicant for +any violation of the ordinances or statutes, or any of them, together +with all judgments and costs that may be recovered against him by any +persons for damage growing out of any misrepresentation or deceptive +practice by any person transacting such business with such applicant, +whether such misrepresentation or deception were made or practiced by +the owner or by their service, agents or employees, either at the time +of making the sale or through any advertisement of any character +whatsoever, printed or circulated with reference to the goods, wares and +merchandise sold or any part thereof. +Any action on the bond may be brought in the name of the city to the use +of the aggrieved person. +.RE +.LP +(Prior Code, § 6-443, in part; Code 1999, § 9-706) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process" -A "\c" \ + -- "Sec 9-707 Service Of Process" +\& +.LP +Before any license for an itinerant vendor, as herein provided, shall be +issued, such applicant shall file with the city an instrument nominating +and appointing the city clerk his true and lawful agent, with full power +and authority to acknowledge service of notice of process for and on +behalf of the applicant in respect to any matters connected with or +arising out of the business transaction under the license and the bond +given as required by this article, or for the performance of the +conditions of the bond or for any breach thereof. +The instrument shall also contain recitals to the effect that the +applicant for the license consents and agrees that service of any +notices or process may be made upon the agent and when so made shall be +taken and held to be as valid as if personally served on the persons +applying for the license under this article, according to the laws of +the state or any other state and waiving all claims or right of error by +reason of such acknowledgement of service or manner of service. +Immediately upon service of process upon the city clerk, as herein +provided, the city clerk shall send to the licensee at his last-known +address, by certified mail, a copy of the notice. +.PP +(Code 1999, § 9-707) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods" -A "\c" \ + -- "Sec 9-708 Sale Of Foods" +\& +.IP " 1." 4 +All applicants for a license to sell foods and merchandise for human or +animal consumption shall have their application for a license approved +in accordance with the applicable state food establishment requirements +before the licenses are issued. +.IP " 2." 4 +The sale of foods requires an individual license not covered by blanket +licenses. +.LP +(Code 1999, § 9-708) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display" -A "\c" \ + -- "Sec 9-709 Identification Tag Or Badge, Display" +\& +.LP +At all times there shall be posted in a conspicuous place upon each: +.IP " 1." 4 +Licensee if an individual; +.IP " 2." 4 +Vehicle or booth used by a licensee; or +.IP " 3." 4 +Building or premises as appropriate for blanket licenses; +.LP +a badge, tag or card issued by the city as proof of issuance of a +license. +The card, tag or badge shall state the name of the licensee and the date +of expiration of the license. +Blanket licenses shall be displayed and readily available for inspection +by the city. +.PP +(Code 1999, § 9-709) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours" -A "\c" \ + -- "Sec 9-710 Hours" +\& +.LP +In order to protect the public health, safety and welfare, no person may +engage in soliciting from house to house in residential areas of the +city between the hours of 8:00 p.m. +and 8:00 a.m. +.PP +(Prior Code, § 6-432, in part; Code 1999, § 9-710) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions" -A "\c" \ + -- "Sec 9-711 Exceptions" +\& +.IP " 1." 4 +The following are exempt from the license requirements of this article: +.RS 4 +.IP " 1." 4 +Sale or delivery of newspapers, or any news gathering activity performed +by a news medium; +.IP " 2." 4 +Any regularly established business which uses vehicles from which to +sell in front of or in the vicinity of its own permanent location; +.IP " 3." 4 +Bona fide auction sales; +.IP " 4." 4 +The sale of farm, dairy, garden or agricultural products by persons who +produced and raised the products on lands owned or controlled by them; +.IP " 5." 4 +Trunk showings or temporary events by existing local merchants outside +of their existing locations; +.IP " 6." 4 +Wholesalers selling to dealers or existing established local businesses; +.IP " 7." 4 +Solicitation of information for a legitimate citywide distributed +telephone directory or similar book; or +.IP " 8." 4 +Solicitation conducted by public school children for the purposes of +financing extracurricular, social, athletic, artistic, scientific, or +cultural programs, which shall include, but shall not be restricted to, +solicitation for band and athletic uniforms, scientific or artistic +implements and literary matters; however, no such solicitation shall be +immune from regulation under this article unless the solicitation shall +have been approved by the principal of the school where the children are +in attendance. +.RE +.IP " 2." 4 +Any person who desires to be exempt from the license fees levied under +this article due to engaging in interstate commerce shall provide +sufficient data on transactions and proof to the city to establish the +interstate commerce nature of his business and transactions. +If the city refuses to issue an interstate commerce exemption for the +license fees to a commercial business activity, then the applicant is +entitled to a hearing before the city judge. +.LP +(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. +No. +551, 4-1-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative" -A "\c" \ + -- "Sec 9-712 Provisions Cumulative" +\& +.LP +The requirements of this article are cumulative to any provisions of +state law or city ordinances regulating or governing any of the +activities licensed herein. +In the case of any conflict between the provisions of this article and +those of any other city ordinance or state law, the more restrictive +requirements shall apply. +.PP +(Code 1999, § 9-712) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty" -A "\c" \ + -- "Sec 9-713 Penalty" +\& +.LP +Any person violating any of the provisions of this article shall, upon +conviction thereof, be punished as provided in section 1-108. +.PP +(Code 1999, § 9-713) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS" -A "\c" \ + -- "ARTICLE 9-7B CHARITABLE SOLICITATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition" -A "\c" \ + -- "Sec 9-721 Definition" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign" -A "\c" \ + -- "Sec 9-722 Regulation Of Charitable Solicitations Campaign" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles" -A "\c" \ + -- "Sec 9-723 Boxes And Receptacles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit" -A "\c" \ + -- "Sec 9-724 Application For Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit" -A "\c" \ + -- "Sec 9-725 Issuance Of Charitable Solicitations Permit" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition" -A "\c" \ + -- "Sec 9-721 Definition" +\& +.LP +In addition to the definitions contained in section 9-701, the term +\[dq]charitable solicitations campaign\[dq] means any course of conduct +whereby any person, organization, society, association, corporation or +any agent, member or representative thereof, shall solicit property or +financial assistance of any kind or sell or offer to sell any article, +tag, service, emblem, publication, ticket, advertisement, subscription, +or anything of value on the plea of representation that such sale or +solicitation with the proceeds therefrom are for charitable, +educational, patriotic or philanthropic purpose. +.PP +(Code 1999, § 9-721; Ord. +No. +551, 4-1-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign" -A "\c" \ + -- "Sec 9-722 Regulation Of Charitable Solicitations Campaign" +\& +.IP " 1." 4 +It is unlawful to conduct any charitable solicitation campaign within +the city on any street, highway, or roadway used for vehicular or +pedestrian travel, unless waived upon proof that such activity does not +present a danger to the solicitors and will not disrupt, obstruct, or +affect the flow of traffic, or in any public place, or by house to house +canvass, unless the person, organization, society, association or +corporation conducting same and responsible therefor shall first have +obtained a permit in compliance with the terms of this article. +.IP " 2." 4 +This article shall not apply to any organization which solicits funds +solely from its own members or from its own assemblies not using public +streets or public places for such purposes. +.LP +(Code 1999, § 9-722; Ord. +No. +551, 4-1-1991; Ord. +No. +527(06), 2-6-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles" -A "\c" \ + -- "Sec 9-723 Boxes And Receptacles" +\& +.LP +It is unlawful for any person to solicit any charitable contribution by +means of a box or receptacle in any public place without first filing +with the city manager a notice of intention to do so. +Each person so soliciting must in all other respects comply with the +provisions of this article. +.PP +(Code 1999, § 9-723; Ord. +No. +551, 4-1-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit" -A "\c" \ + -- "Sec 9-724 Application For Permit" +\& +.LP +A permit to conduct a charitable solicitations campaign on the streets +or in any public place or by house to house canvass in the city shall be +granted only after submitting to the city manager not less than 14 days +prior to the initiation of the proposed charitable solicitations +campaign an application which shall contain the following information: +.IP " 1." 4 +The full name of the organization applying for a permit and address of +the headquarters in the city. +If the organization is a chapter or other affiliate of an organization +having its principal office outside the city, the name and address of +the parent organization; +.IP " 2." 4 +The names and addresses of the officers and person who will be primarily +in charge of conducting the solicitation campaign; +.IP " 3." 4 +The purposes for which the gross receipts derived from such +solicitations or other activities are to be used; +.IP " 4." 4 +A full statement of the character and extent of the charitable, +educational, patriotic, or philanthropic work done by the charitable +organization during the last preceding year; +.IP " 5." 4 +An outline of the methods to be used in conducting the charitable +solicitations campaign, including the duration of the campaign; +.IP " 6." 4 +Such other information that the city manager may deem appropriate and +necessary to determine whether or not the organization is in fact a +charitable organization whose primary purpose is to conduct charitable, +educational, patriotic, or philanthropic purposes. +.LP +(Code 1999, § 9-724; Ord. +No. +551, 4-1-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit" -A "\c" \ + -- "Sec 9-725 Issuance Of Charitable Solicitations Permit" +\& +.LP +Upon receipt of the written application, the city manager or his +designee shall review the application and if he finds that all +information appears to be true and correct, and that the proceeds from +the proposed solicitation meet the charitable, educational, patriotic, +or philanthropic purpose authorized by this article, he shall cause the +city clerk to issue a permit to the organization or person to conduct a +charitable solicitations campaign for the period and manner determined +by the city manager or his designee to be appropriate for the proposed +campaign. +However, the period of the campaign authorized hereunder shall not +exceed three calendar months. +Any extension of such period shall be granted only upon the filing of a +new application and after the city manager has had opportunity to review +the same. +There shall be no fee for a charitable solicitations permit issued under +the provisions of this article. +.PP +(Code 1999, § 9-725; Ord. +No. +551, 4-1-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS" -A "\c" \ + -- "CHAPTER 9-8 PAWNBROKERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required" -A "\c" \ + -- "Sec 9-801 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee" -A "\c" \ + -- "Sec 9-802 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture" -A "\c" \ + -- "Sec 9-803 Forfeiture" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required" -A "\c" \ + -- "Sec 9-804 Bond Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports" -A "\c" \ + -- "Sec 9-805 Registration Of Property Required, Reports" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours" -A "\c" \ + -- "Sec 9-806 Business Hours" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited" -A "\c" \ + -- "Sec 9-807 Entering Into Sales With Certain Persons Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited" -A "\c" \ + -- "Sec 9-808 Transactions With Minors Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited" -A "\c" \ + -- "Sec 9-809 Concealing Lost Property Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale" -A "\c" \ + -- "Sec 9-810 Suspicious Circumstances To Prevent Sale" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited" -A "\c" \ + -- "Sec 9-811 Soliciting Business On Streets Prohibited" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Oklahoma Pawnshop Act, 59 O.S. +§ 1501 et seq.; municipal regulation of pawnshops, 59 O.S. +§ 1514. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required" -A "\c" \ + -- "Sec 9-801 License Required" +\& +.LP +No person shall operate as a pawnbroker or as a receiver of goods under +chattel mortgage without first securing a license and making payment +therefor as provided in this chapter. +.PP +(Prior Code, § 6-206; Code 1999, § 9-801) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee" -A "\c" \ + -- "Sec 9-802 Fee" +\& +.LP +There is hereby levied a fee for the license required by this chapter, +per year. +.PP +(Prior Code, § 6-207; Code 1999, § 9-802) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture" -A "\c" \ + -- "Sec 9-803 Forfeiture" +\& +.LP +Any pawnbroker or any other person who may be engaged in any calling or +occupation requiring a license under this chapter, who shall be guilty +of the violation of any provision of this chapter or who shall permit +any employee in the course of employment to be guilty of the violation +of any provision thereof, shall, upon conviction, in addition to the +punishment otherwise provided as a penalty therefor, be deprived of the +license, by order of the court. +.PP +(Prior Code, § 6-208; Code 1999, § 9-803) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required" -A "\c" \ + -- "Sec 9-804 Bond Required" +\& +.IP " 1." 4 +Every person applying for a license to engage in or carry on the +business of pawnbroker shall, before the license is issued to him, enter +into a bond with the city, with approved sureties, in the penal sum as +set by the city, conditioned that the applicant will strictly observe +all laws, regulations and requirements in relation to pawnbrokers or +their business, and will pay all costs, fines and penalties incurred on +account of his failure or neglect in that regard and will pay all +damages to any person by reason of the pawnbroker wrongfully taking, +purchasing or receiving in pledge or on deposit any stolen property, or +the property of any minor. +.IP " 2." 4 +The bond shall be filed with the city clerk and may be sued upon by any +person damaged as aforesaid in the name of the city for the benefit of +such person, but in no event shall the city be liable for the costs of +such suit. +.LP +(Prior Code, § 6-209; Code 1999, § 9-804) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports" -A "\c" \ + -- "Sec 9-805 Registration Of Property Required, Reports" +\& +.IP " 1." 4 +Every pawnbroker shall keep at his place of business a register in which +he shall enter in writing the following: +.RS 4 +.IP " 1." 4 +A minute description of all property taken, purchased or received by +him; +.IP " 2." 4 +Any number that may be in or upon any article; +.IP " 3." 4 +The time, name and place of residence (giving street and number if +within the city) of the person leaving the property; and +.IP " 4." 4 +The amount loaned, the interest charged and the time when the loan falls +due. +.RE +.IP " 2." 4 +The pawnbroker shall make such entry within one hour after the receipt +or purchase of such property. +Every entry shall be made in ink and shall not in any manner be +obliterated or erased. +.IP " 3." 4 +The pawnbroker shall give a receipt to the person negotiating or leaving +the property; the receipt shall be legible, and shall contain a full and +perfect copy of all entries required by law to be kept in the register. +No charge shall be made for the receipt. +.IP " 4." 4 +Every pawnbroker shall execute and deliver to the chief of police every +day, before the hour of 12:00 noon, a legible and correct copy from the +register of all personal property or other valuable things received or +deposited or purchased during the preceding day, together with the time +when received or purchased and a description of the person by whom the +property or valuables was left in pledge or from whom the same was +purchased. +.IP " 5." 4 +No person shall be required to furnish a description of any property +purchased from manufacturers or wholesale dealers having an established +place of business or of any goods purchased at open sale or from any +bankrupt stock, or from any other person having an established place of +business. +Such goods shall be accompanied by a bill of sale or other evidence of +open and legitimate purchase; the bill shall be shown to any officer +upon demand. +.IP " 6." 4 +Any pawnbroker shall make available a copy or report within two days of +any buy or pawn transaction to the police department, provided +merchandise bought on invoice from a manufacturer or wholesaler with an +established place of business is exempt from this reporting requirement. +However, such invoice shall be shown upon request to the administrator +or his duly authorized representative or any authorized peace officer. +The pawnbroker may provide the transaction report to the police +department by either electronically reporting the information in the +transaction report to an electronic database accessible only by law +enforcement agencies or by reporting a physical copy of the transaction +report directly to the law enforcement agency. +The transaction report shall include: +.RS 4 +.IP " 1." 4 +The name and address of the pawnshop; +.IP " 2." 4 +The name, address, race, sex, weight, height, date of birth and either +identification number of the seller or pledger as verified by either a +state-issued identification card, driver\[aq]s license or federal +government-issued identification card or by readable fingerprint of +right or left index finger on the back of the pawn or buy transaction +copy to be retained for the pawnbroker\[aq]s record; +.IP " 3." 4 +The transaction number for the buy or pawn transaction; +.IP " 4." 4 +The date and time of the transaction; +.IP " 5." 4 +The manufacturer of the item; +.IP " 6." 4 +A description of the item; and +.IP " 7." 4 +The serial number and model number, where available, and any other +identifying markings. +.RE +.IP " 7." 4 +Items bought, except on invoice from a manufacturer or wholesaler with +an established place of business, shall be held for ten days before +being disposed of or sold. +.IP " 8." 4 +The pawnbroker shall obtain a written declaration of ownership from the +seller or pledgor on all buy and pawn transactions, except refinance +pawn transactions or merchandise bought from a manufacturer or +wholesaler with an established place of business. +The seller or pledgor shall be required to state how long he has owned +the property described in the transaction. +The declaration of ownership shall appear on the bill of sale or pawn +ticket, to be completed by the seller or the pledgor at the time of the +transaction. +.LP +(Prior Code, § 6-210; Code 1999, § 9-805) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. +§ 1515. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours" -A "\c" \ + -- "Sec 9-806 Business Hours" +\& +.LP +No pawnbroker shall purchase, take or receive on deposit, or in any +manner, any article or property from any person between the hours of +6:30 p.m. +and 8:30 a.m. +All pawnbrokers shall remain closed all day on Sunday unless the +pawnbroker can show that he uniformly keeps another day of the week as +holy time and does not labor on that date. +Pawnbrokers may receive and purchase property up to 9:00 p.m. +on Saturdays and Mondays. +.PP +(Prior Code, § 6-212; Code 1999, § 9-807; Ord. +No. +342(01), 12-3-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited" -A "\c" \ + -- "Sec 9-807 Entering Into Sales With Certain Persons Prohibited" +\& +.LP +No pawnbroker, secondhand dealer, or any other person shall knowingly +purchase, take or receive in pledge, or by any gift or on deposit, or +accept possession of any article or property, of or from any of the +following: +.IP " 1." 4 +Any person under the influence of intoxicating liquors or drugs; +.IP " 2." 4 +Any person who is a habitual user of drugs of any kind; or +.IP " 3." 4 +Any person who has previously been convicted of petty larceny. +.LP +(Prior Code, § 6-213; Code 1999, § 9-808) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited" -A "\c" \ + -- "Sec 9-808 Transactions With Minors Prohibited" +\& +.LP +No person in charge of any junk shop, secondhand store, pawnshop, or +otherwise, shall knowingly purchase from or advance money to any minor +upon articles of value, or have any dealing respecting the title of +property in the possession of a minor, without the written consent of +the parent or guardian of such minor. +.PP +(Prior Code, § 6-214; Code 1999, § 9-809) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited" -A "\c" \ + -- "Sec 9-809 Concealing Lost Property Prohibited" +\& +.LP +No person shall attempt to conceal any estray, or lost goods, found or +taken up by him, or shall efface any marks or brands thereon, or carry +the same beyond the limits of the city or knowingly permit the same to +be done, or willfully fail to cause the same to be advertised, sold or +otherwise dealt with as provided by this Code in respect to lost goods. +.PP +(Prior Code, § 6-215; Code 1999, § 9-810) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale" -A "\c" \ + -- "Sec 9-810 Suspicious Circumstances To Prevent Sale" +\& +.IP " 1." 4 +Any suspicion or circumstance sufficient to put an ordinary prudent +person upon his guard concerning the right of a person to dispose of an +article shall be sufficient notice to any person to whom property shall +be offered for gift, sale or pledge, to prohibit him from accepting it. +.IP " 2." 4 +The failure to exercise the precautions herein prescribed, and the +accepting of a gift, sale, or pledge, of property prohibited herein, +which is stolen, or is in the possession of one not entitled to, or +competent to, sell, pledge, or give it away, shall be and constitute an +offense. +.LP +(Prior Code, § 6-216; Code 1999, § 9-811) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited" -A "\c" \ + -- "Sec 9-811 Soliciting Business On Streets Prohibited" +\& +.LP +No person shall solicit business for any pawnshop from any person on the +streets or other public place, or call to or in any manner attract the +attention of any person on the streets or other public place for the +purpose of asking the person to patronize any pawnshop. +.PP +(Prior Code, § 6-217; Code 1999, § 9-812) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS" -A "\c" \ + -- "CHAPTER 9-9 PRECIOUS METALS DEALERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions" -A "\c" \ + -- "Sec 9-901 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required" -A "\c" \ + -- "Sec 9-902 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application" -A "\c" \ + -- "Sec 9-903 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee" -A "\c" \ + -- "Sec 9-904 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial" -A "\c" \ + -- "Sec 9-905 Investigation, Issuance Or Denial" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display" -A "\c" \ + -- "Sec 9-906 Transferability, Display" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation" -A "\c" \ + -- "Sec 9-907 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers" -A "\c" \ + -- "Sec 9-908 Identification Of Sellers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required" -A "\c" \ + -- "Sec 9-909 Records Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police" -A "\c" \ + -- "Sec 9-910 Report Of Transactions To Police" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records" -A "\c" \ + -- "Sec 9-911 Right To Inspect Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items" -A "\c" \ + -- "Sec 9-912 Duty To Retain Items" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited" -A "\c" \ + -- "Sec 9-913 Purchase From Minors Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter" -A "\c" \ + -- "Sec 9-914 Exemptions From Provisions Of Chapter" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Precious Metal and Gem Dealer +Licensing Act, 59 O.S. +§ 1521 et seq.; municipal regulation of precious metals dealers, 59 O.S. +§ 1527. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions" -A "\c" \ + -- "Sec 9-901 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Precious metals\f[R] means any item containing in any degree, as +part of its composition, gold, silver, platinum or pewter. +.PP +\f[I]Precious metal dealer\f[R] or \f[I]dealer\f[R] means any person +engaged in the business of buying precious metals, whether for cash or +trade; and further, this definition shall include any dealer whose +business is itinerant in nature, as well as any dealer who conducts his +business at a permanent and fixed location within the city. +As used herein, the term \[dq]dealer\[dq] shall include the employers +and principals on whose behalf any purchase or trade is made and all +employees or agents personally making such purchases or trades. +.PP +(Prior Code, § 6-251; Code 1999, § 9-901) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required" -A "\c" \ + -- "Sec 9-902 License Required" +\& +.LP +No person shall carry on, operate or engage in the business of +purchasing, whether for cash or trade, any precious metals within the +city without first obtaining a license from the city clerk. +.PP +(Prior Code, § 6-266; Code 1999, § 9-902) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application" -A "\c" \ + -- "Sec 9-903 Application" +\& +.LP +Any person desiring to obtain a license as a precious metal dealer shall +file a written application with the city clerk, together with the amount +of the license fee as hereinafter prescribed. +The application form shall request the following information: +.IP " 1." 4 +If the applicant is an individual, the full name, birthdate, permanent +residence address and telephone number; +.IP " 2." 4 +If the applicant is a partnership, corporation or other business entity, +the full name, birthdate, permanent residence address and telephone +number of each partner or each officer and director; +.IP " 3." 4 +If an individual applicant employed by another, the full name of the +employer or principal, the permanent address and telephone number of the +employer or principal and the name, address and telephone number of the +employee\[aq]s immediate supervisor; +.IP " 4." 4 +Listing of any trade names or aliases used by the applicant for the last +five years; +.IP " 5." 4 +The names, birthdates, permanent address and telephone numbers of each +person employed, or intended to be employed, in the business as of the +time of the filing of the application; +.IP " 6." 4 +Exact address or location of the place within the city where the +business of dealer will be carried on; +.IP " 7." 4 +If the applicant\[aq]s business is itinerant, with no permanent location +within the city, a listing of the last four locations, immediately +preceding the date of the application, where the applicant conducted +business as a precious metal dealer. +.LP +(Prior Code, § 6-267; Code 1999, § 9-903) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee" -A "\c" \ + -- "Sec 9-904 Fee" +\& +.LP +There is hereby levied a license fee, on a daily or annual basis as the +applicant may elect, for issuance of a precious metal dealer\[aq]s +license, which shall be paid at the time an application is made. +No part of the license fee shall be subject to refund or abatement. +.PP +(Prior Code, § 6-268; Code 1999, § 9-904) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial" -A "\c" \ + -- "Sec 9-905 Investigation, Issuance Or Denial" +\& +.IP " 1." 4 +Upon receipt of an application for a license required by this chapter +and the required fee, the city clerk shall refer the same to the chief +of police for investigation of the applicant\[aq]s moral character and +business responsibility. +Within five days from the receipt of the application, the chief of +police shall return the same to the city clerk, accompanied by his +recommendations to issue or deny the license. +Grounds for denial shall include: +.RS 4 +.IP " 1." 4 +The application contains a materially false or fraudulent statement; and +.IP " 2." 4 +The applicant, or an officer, partner or employee thereof, has been +convicted of a felony within the five years immediately preceding the +date of the application. +.RE +.IP " 2." 4 +Upon receipt of the recommendation of the chief of police, the city +clerk shall issue the license accordingly. +If the license is denied, the grounds for denial shall be stated in +writing and a copy supplied to the applicant. +.LP +(Prior Code, § 6-269; Code 1999, § 9-905) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display" -A "\c" \ + -- "Sec 9-906 Transferability, Display" +\& +.LP +The license issued under this chapter shall not be transferable to any +other person. +No person shall do business as a precious metal dealer, or attempt to do +business, under a license transferred to him. +The dealer shall at all times prominently display on the business +premises a currently valid license. +.PP +(Prior Code, § 6-270; Code 1999, § 9-906) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation" -A "\c" \ + -- "Sec 9-907 Revocation" +\& +.LP +In addition to any other penalty, the dealer shall, upon a second +conviction of a violation of this chapter, have his precious metal +dealer license revoked by the city clerk. +.PP +(Prior Code, § 6-271; Code 1999, § 9-907) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers" -A "\c" \ + -- "Sec 9-908 Identification Of Sellers" +\& +.LP +All dealers shall require each person offering an item or article for +sale or trade to produce personal identification. +Dealers shall ascertain the name, permanent address and age of all +sellers of precious metals. +Dealers shall verify a seller\[aq]s identity only by means of a +driver\[aq]s license, or some other form of identification issued by a +governmental agency, which must contain thereon a picture or adequate +physical description of the person identified. +It shall be unlawful for a dealer to fail to request identification, or +to accept inadequate identification, before transacting business with a +seller of precious metals. +.PP +(Prior Code, § 6-252; Code 1999, § 9-908) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required" -A "\c" \ + -- "Sec 9-909 Records Required" +\& +.IP " 1." 4 +Every dealer shall keep and maintain an adequate record of all +transactions with sellers of precious metals. +The record of the transactions shall be maintained in a running ledger +book; or the dealer may maintain the original bill of sale, or other +written receipt, issued at the time of the transaction. +Entries on the record shall be legibly written in ink at the time the +dealer acquires the article from the seller; and same shall not be +obliterated or erased. +The following shall be required to be maintained for each transaction +with a seller of precious metals: +.RS 4 +.IP " 1." 4 +The date and time of the sale or trade; +.IP " 2." 4 +Name, address and age of the seller of the items; +.IP " 3." 4 +The number appearing on the seller\[aq]s driver\[aq]s license or other +governmental identification card; +.IP " 4." 4 +Physical description of the seller, including height, weight, race and +sex; +.IP " 5." 4 +A concise and accurate description of the article acquired by the +dealer, including any identifying marks, names, initials, serial +numbers, brand names or other personalized features; and +.IP " 6." 4 +The amount paid for the articles by the dealer. +.RE +.IP " 2." 4 +The dealer shall maintain the information required by this section for a +period of one year from the date of the acquisition of the article. +.LP +(Prior Code, § 6-253; Code 1999, § 9-909) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police" -A "\c" \ + -- "Sec 9-910 Report Of Transactions To Police" +\& +.LP +Within 24 hours of the sale or trade of any precious metal to a dealer, +the dealer shall deliver to the office of chief of police, or the front +desk of the police department, a duplicate or photocopy of the record of +transaction, required to be kept pursuant to the provision of section +9-909. +In the event the delivery time falls on a weekend or holiday, the dealer +shall deliver the required records by no later than 12:00 noon of the +next regular work day. +In lieu of furnishing a duplicate or copy of the records required under +section 9-909, the dealer may supply written statement containing only +the following information: +.IP " 1." 4 +Name of the dealer and name of the agent or employee dealing with the +seller; +.IP " 2." 4 +Description of articles received by dealer, including any identifying +marks, numbers, names or initials; and +.IP " 3." 4 +Name and address of the seller of each item. +.LP +(Prior Code, § 6-254; Code 1999, § 9-910) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records" -A "\c" \ + -- "Sec 9-911 Right To Inspect Records" +\& +.LP +Any police officer of the city, or any law enforcement officer of the +county, state or federal government, during the dealer\[aq]s regular +business hours, shall have the right to enter the business premises of +the dealer for the purpose of inspecting the records required to be +maintained under this chapter or any item of precious metal regulated +hereunder. +The application for, and acceptance of, a license under this chapter +shall be deemed conclusive consent of the dealer to such entry and +inspection. +.PP +(Prior Code, § 6-255; Code 1999, § 9-911) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items" -A "\c" \ + -- "Sec 9-912 Duty To Retain Items" +\& +.IP " 1." 4 +Every dealer must keep at the business location designated in the +license application, all used articles made, in whole or in part, of +precious metals or gems, for inspection by any law enforcement officer +and the department of consumer credit at reasonable times for a period +of ten days or until the articles have been released by written +authorization of any law enforcement officer authorized by the law +enforcement agency or its designee, except as provided for in 59 O.S. +§ 1525(C). +During this period, the appearance of such articles shall not be altered +in any way. +A dealer is not prohibited from selling or arranging to sell such +articles during the ten-day period as long as such articles remain in +his possession as required by this subsection. +.IP " 2." 4 +Whenever a police officer has probable cause to believe that property in +possession of a licensed dealer is stolen or embezzled, the police +officer may place a written hold order on the property. +The initial term of the written hold order shall not exceed 30 days. +However, the holding period may be extended in successive 30-day +increments upon written notification prior to the expiration of the +initial holding period. +If the holding period has expired and has not been extended, the hold +order shall be considered expired and no longer in effect, and title +shall vest in the dealer subject to any restrictions contained in a sale +contract. +The initial written hold order shall contain the following information: +.RS 4 +.IP " 1." 4 +Signature of the dealer or designee; +.IP " 2." 4 +Name, title and identification number of the police officer placing the +hold order; +.IP " 3." 4 +Name and address of the agency to which the police officer is attached +and the offense number; +.IP " 4." 4 +Complete description of the property to be held, including model number, +serial number and transaction number +.IP " 5." 4 +Name of agency reporting the property stolen or embezzled; +.IP " 6." 4 +Mailing address of the dealer where the property is held; +.IP " 7." 4 +Expiration date of the holding period. +.RE +.IP " 3." 4 +While a hold order is in effect, the dealer may consent to release, upon +written receipt, the stolen or embezzled property to the custody of the +police department. +The consent to release the stolen or embezzled property to the custody +of law enforcement is not a waiver or release of the dealer\[aq]s +property rights or interest in the property. +Otherwise, the dealer shall not release or dispose of the property +except pursuant to a court order or the expiration of the holding +period, including all extensions. +The district attorney\[aq]s office shall notify the dealer in writing in +cases where criminal charges have been filed that the property may be +needed as evidence. +The notice shall contain the case number, the style of the case and a +description of the property. +The dealer shall hold such property until receiving notice of the +disposition of the case from the district attorney\[aq]s office. +The district attorney\[aq]s office shall notify the dealer in writing +within 15 days of the disposition of the case. +Willful noncompliance of a dealer to a written hold order shall be cause +for the dealer\[aq]s license to either be suspended or revoked. +A hold order may be released prior to the expiration of any 30-day +holding period by written release from the agency placing the initial +hold order. +.LP +(Prior Code, § 6-256; Code 1999, § 9-912) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. +§ 1531. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited" -A "\c" \ + -- "Sec 9-913 Purchase From Minors Prohibited" +\& +.LP +No dealer shall purchase or receive in trade any precious metal from any +seller under the age of 18 years, unless the parents or guardian of such +person shall consent to the transaction in writing. +The written consent shall state that the transaction is fully approved +by the parent or guardian, shall be signed by the same and must contain +the address and telephone number of the parent or guardian. +.PP +(Prior Code, § 6-257; Code 1999, § 9-913) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter" -A "\c" \ + -- "Sec 9-914 Exemptions From Provisions Of Chapter" +\& +.IP " 1." 4 +Retail merchants having permanent and fixed business within the city +shall be exempted from the provisions of this chapter insofar, and only +insofar, as they make purchases directly from manufacturers, suppliers +and wholesalers of precious metals for their retail inventories. +.IP " 2." 4 +Upon obtaining the written approval of the chief of police, exhibitors +at bona fide coin shows, art shows, antique shows, and exhibitions of a +similar nature, where the same are sponsored by a local nonprofit, civic +or cultural organization, shall be exempted from the provisions of this +chapter. +.LP +(Prior Code, § 6-258; Code 1999, § 9-914) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES" -A "\c" \ + -- "CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT DEVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS" -A "\c" \ + -- "ARTICLE 9-10A FAMILY RECREATION CENTERS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES" -A "\c" \ + -- "ARTICLE 9-10B COIN-OPERATED AMUSEMENT DEVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS" -A "\c" \ + -- "ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT PARKS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS" -A "\c" \ + -- "ARTICLE 9-10A FAMILY RECREATION CENTERS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions" -A "\c" \ + -- "Sec 9-1001 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required" -A "\c" \ + -- "Sec 9-1002 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee" -A "\c" \ + -- "Sec 9-1003 License Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions" -A "\c" \ + -- "Sec 9-1004 Zoning Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations" -A "\c" \ + -- "Sec 9-1005 Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License" -A "\c" \ + -- "Sec 9-1006 Revocation Of License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty" -A "\c" \ + -- "Sec 9-1007 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions" -A "\c" \ + -- "Sec 9-1001 Definitions" +\& +.LP +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Game room\f[R] or \f[I]arcade\f[R] means any business location in +which there are more than six coin-operated amusement devices, as +defined in this section, available for use by members of the public or +business invitees. +.PP +\f[I]Recreation center\f[R] means those participant recreation and +entertainment uses conducted within an enclosed building, where no +alcoholic or nonintoxicating beverages, as defined by this Code, are +served or permitted to be consumed. +Typical uses include pool halls, billiard parlors, game rooms, arcades, +including such entertainment as pinball, video games, foosball, etc., +and family amusement centers. +.PP +(Code 1999, § 9-1001; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required" -A "\c" \ + -- "Sec 9-1002 License Required" +\& +.LP +It is unlawful for any person to operate a recreation center within the +city limits without first having obtained a license therefor as provided +by this article. +The city clerk shall issue the license if the city community development +director determines that the proposed use is in compliance with the +requirements of the city ordinances. +No recreation center license issued by virtue of this article shall be +assigned to any other person. +.PP +(Code 1999, § 9-1002; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee" -A "\c" \ + -- "Sec 9-1003 License Fee" +\& +.LP +A fee as set by the city shall be paid to the city clerk before a +license is issued for the operation of a recreation center. +.PP +(Code 1999, § 9-1003; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions" -A "\c" \ + -- "Sec 9-1004 Zoning Restrictions" +\& +.LP +Recreation centers shall be operated only in such districts as are in +accordance with the city\[aq]s zoning regulations, subject to the +provisions of this article. +.PP +(Code 1999, § 9-1004; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations" -A "\c" \ + -- "Sec 9-1005 Regulations" +\& +.IP " 1." 4 +If 50 percent or more of the gross floor area of a building is devoted +to the use of pool or billiard tables, then such business shall be +considered a pool hall or billiard parlor and shall comply with the +provisions of this article as well as the other applicable provisions of +this Code. +In the case of conflict between the provisions of this article and those +elsewhere in this Code, the more restrictive provision shall prevail. +.IP " 2." 4 +A recreation center shall not open before 10:00 a.m. +and shall not be open later than 1:00 a.m. +on Monday, Tuesday, Wednesday, Thursday and Friday and shall not be open +later than 2:00 a.m. +on Saturday and Sunday mornings. +.IP " 3." 4 +A recreation center shall be required to have at least one on-site +security guard who shall be certified by the state council on law +enforcement education and training, on duty from 8:00 p.m. +until closing on any day such business is open. +.IP " 4." 4 +Sight-proof screening which adequately screens such business from view +of surrounding single-family residential areas or uses shall be +required. +.LP +(Code 1999, § 9-1005; Ord. +No. +538, 11-19-1990; Ord. +No. +187(97), 4-21-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License" -A "\c" \ + -- "Sec 9-1006 Revocation Of License" +\& +.LP +Any license issued under the provisions of this article may be suspended +or revoked by the city if the applicant is convicted in municipal court +of violating the provisions of this article or has made a false +statement on the application for license, or if the use and operation of +the business results in a conviction in municipal court for a violation +of any ordinance of the city relating to a breach of the peace, health, +safety, or general welfare of the city. +.PP +(Code 1999, § 9-1006; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty" -A "\c" \ + -- "Sec 9-1007 Penalty" +\& +.LP +A violation of this article is punishable as provided in section 1-108. +.PP +(Code 1999, § 9-1007; Ord. +No. +538, 11-19-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES" -A "\c" \ + -- "ARTICLE 9-10B COIN-OPERATED AMUSEMENT DEVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions" -A "\c" \ + -- "Sec 9-1011 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices" -A "\c" \ + -- "Sec 9-1012 License Fee For Coin-Operated Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License" -A "\c" \ + -- "Sec 9-1013 Application For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License" -A "\c" \ + -- "Sec 9-1014 Display Of License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized" -A "\c" \ + -- "Sec 9-1015 Prohibited Devices Not Legalized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited" -A "\c" \ + -- "Sec 9-1016 Gambling Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties" -A "\c" \ + -- "Sec 9-1017 Penalties" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Coin-operated amusement devices, 68 +O.S. +§ 1501 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions" -A "\c" \ + -- "Sec 9-1011 Definitions" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Coin-operated amusement device\f[R] means and includes any and all +mechanical devices which, upon the payment or insertion of a coin, +script, token, or similar object, cause or permit, or is incentive for, +the propelling or motivating of any ball, marble, electronic simulation, +or other gadget or object that produces or creates, or makes possible +the production or creation of, a game of skill, amusement, +entertainment, or test of strength, including, but not limited to, +shuffle boards, coin-operated devices utilizing tables, boards, or cases +of any size whatsoever, balls, sticks, cues, pegs or marbles; and +whether or not any motivating force involved is furnished by the player +or the device. +.br +\f[I]Coin-operated music device\f[R] means and includes any such music +device which is operated, motivated, released or played by or upon the +payment or insertion of a coin, script, token or similar object, whether +there is one or more boxes or devices on the premises for the reception +of such coin, script, tokens or similar objects; coin-operated radios or +television receiving sets in hotels or motels shall not be included in +such definition. +.br +\f[I]Coin-operated pool, billiard\f[R] or \f[I]snooker tables\f[R] are +defined as coin-operated amusement devices, in accordance with this +section. +.br +\f[I]Pool, billiard\f[R] or \f[I]snooker table\f[R] means any table +specifically manufactured for the purpose of playing pool, billiards or +snooker, if not coin-operated. +.IP " 2." 4 +Coin-operated music device and coin-operated amusement device as defined +herein shall not include coin-operated machines operated by penny coins +only; or coin-operated vending machines used exclusively for the purpose +of selling tangible personal property, such as cold drinks, tobacco +products, candies, postage stamps or other merchandise; or services, +such as pay telephones, parking meters, gas and electric meters, or +other distribution of needful service; or pool, billiard or snooker +tables which are not coin operated. +.LP +(Prior Code, § 6-116, in part; Code 1999, § 9-1021) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices" -A "\c" \ + -- "Sec 9-1012 License Fee For Coin-Operated Devices" +\& +.LP +Every person who owns and has available to the public, or who permits to +be operated by the public in or on his place of business, any +coin-operated music device, coin-operated amusement device, or +coin-operated pool, billiard or snooker table, shall obtain and pay for +an annual license for each such device or table. +There is hereby levied an annual license fee on such devices, as set by +the city council by motion or resolution. +.PP +(Prior Code, §§ 6-84, 6-117, in part; Code 1999, § 9-1022) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License" -A "\c" \ + -- "Sec 9-1013 Application For License" +\& +.LP +Application for an annual license regulated by this chapter shall be +made to the city. +The application form shall contain the name of the applicant, a +description of the device, location of the device and such other +information deemed necessary by the licensing officer to identify the +device. +Any number of machines may be included in one application. +Upon payment of the license fee and approval of the application, the +license shall be issued. +.PP +(Code 1999, § 9-1023) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License" -A "\c" \ + -- "Sec 9-1014 Display Of License" +\& +.LP +Before any coin-operated music device, coin-operated amusement device, +or coin-operated pool, billiard or snooker table is put into operation +or placed where the same may be operated by the public, and at all times +when the same is being operated, or is available to the public for +operation, the license issued by the city shall be firmly affixed to the +device covered thereby, or displayed with other licenses or permits on a +wallboard, and plainly visible to and readable by the public. +.PP +(Code 1999, § 9-1024) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized" -A "\c" \ + -- "Sec 9-1015 Prohibited Devices Not Legalized" +\& +.LP +Nothing in this article shall be construed to legalize any device that +may be prohibited by the laws of the state or the ordinances of the +city. +The city may assume that any device described in any application, and +for which a license fee is paid, is lawful. +No claim for a refund of any license fee will be entertained based upon +an owner\[aq]s or operator\[aq]s inability to operate such device +because of any law of the state or city or for any other reason. +.PP +(Code 1999, § 9-1025) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited" -A "\c" \ + -- "Sec 9-1016 Gambling Prohibited" +\& +.LP +If any person keeping, operating, maintaining, controlling or being in +charge of any device as referred to and licensed under this article +shall permit any gambling of any kind, by persons using and playing such +machines and devices, he shall be deemed guilty of an offense against +the ordinances of the city, and shall be subject to punishment as +provided in section 1-108. +.PP +(Prior Code, § 6-118; Code 1999, § 9-1026) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties" -A "\c" \ + -- "Sec 9-1017 Penalties" +\& +.LP +Any owner of a coin-operated music device, coin-operated amusement +device, or coin-operated pool, billiard or snooker table, who places +such device in operation or in a place available to the public for +operation, and any person who permits such a device to be in operation +or accessible to the public for operation in his place of business +without attaching and displaying the license provided for by this +article, shall be guilty of an offense. +Upon conviction of a violation of this article, such person shall be +punished as provided in section 1-108. +Each unlicensed device shall constitute a separate violation. +.PP +(Code 1999, § 9-1027) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS" -A "\c" \ + -- "ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT PARKS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees" -A "\c" \ + -- "Sec 9-1021 Amusements Generally, Fees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park" -A "\c" \ + -- "Sec 9-1022 Amusement Park" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance" -A "\c" \ + -- "Sec 9-1023 Permit Or License Required, State Law Compliance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee" -A "\c" \ + -- "Sec 9-1024 City Clerk To Issue, Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing" -A "\c" \ + -- "Sec 9-1025 Authorized Hours Of Business; Fencing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements" -A "\c" \ + -- "Sec 9-1026 Exemption From Other Occupational License Requirements" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees" -A "\c" \ + -- "Sec 9-1021 Amusements Generally, Fees" +\& +.LP +A license in the sum as set forth in the fee schedule is hereby required +on every person engaging in, exercising or pursuing any of the +following: +.IP " 1." 4 +Bowling alley; +.IP " 2." 4 +Circus; +.IP " 3." 4 +Ferris wheel, merry-go-round, small car, or similar apparatus, when not +under the auspices of a street fair, civic club, carnival or circus or +amusement park; +.IP " 4." 4 +Itinerant show, exhibition or entertainment of any kind which charges +admission (including all activities under its auspices); +.IP " 5." 4 +Shooting gallery, skill or strength game or game of chance; +.IP " 6." 4 +Skating rink; +.IP " 7." 4 +Street fair or carnival; or +.IP " 8." 4 +Wrestling matches, professional. +.LP +(Prior Code, § 6-18, in part; Code 1999, § 9-1031) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park" -A "\c" \ + -- "Sec 9-1022 Amusement Park" +\& +.LP +An amusement park is defined as mechanical devices of all kinds, slides, +shooting galleries, or other games produced, designed and calculated to +be witnessed, attended, played or used by the public for entertainment +and diversion at an outside and open location of a permanent nature. +Games and exhibitions presented to any public or private elementary +school, high school or kindergarten, pool or billiard hall or family +amusement center, as defined in this Code, shall not be embraced within +the meaning of amusement park as herein defined. +.PP +(Prior Code, § 6-41; Code 1999, § 9-1032) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance" -A "\c" \ + -- "Sec 9-1023 Permit Or License Required, State Law Compliance" +\& +.LP +It is unlawful and an offense for any person to engage in the operation +of an amusement park without first obtaining a permit or license from +the city clerk. +Any amusement park or devices shall comply with any applicable state law +and inspections approvals prior to operating in the city. +.PP +(Prior Code, § 6-42; Code 1999, § 9-1033) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee" -A "\c" \ + -- "Sec 9-1024 City Clerk To Issue, Fee" +\& +.LP +The city clerk is hereby authorized to issue a license or permit to +operate an amusement park pursuant to this article, which license or +permit shall expire on the last day of the month of the year after which +such license is issued. +The city clerk shall charge the sum as set forth in the fee schedule for +the license or permit for any amusement park. +.PP +(Prior code, § 6-43; Code 1999, § 9-1034) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing" -A "\c" \ + -- "Sec 9-1025 Authorized Hours Of Business; Fencing" +\& +.IP " 1." 4 +An amusement park licensed by the terms of this article shall be +authorized to be open for business from the hours of 8:00 a.m. +to 12:00 midnight on each day of the week; however, any amusement +devices which are completely enclosed shall be allowed to remain open +until 2:00 a.m. +on Saturday and Sunday morning only of each week. +.IP " 2." 4 +An amusement park shall have a chainlink or sight-proof fence of at +least six feet in height entirely enclosing such amusement park. +.LP +(Prior Code, § 6-44; Code 1999, § 9-1035) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements" -A "\c" \ + -- "Sec 9-1026 Exemption From Other Occupational License Requirements" +\& +.LP +Any person obtaining a license or permit as required by this article +shall not be required to secure licenses, permits or pay fees as set out +in article A of this chapter. +.PP +(Prior Code, § 6-45; Code 1999, § 9-1036) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE" -A "\c" \ + -- "CHAPTER 9-11 WRECKERS AND TOWING SERVICE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions" -A "\c" \ + -- "Sec 9-1101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required" -A "\c" \ + -- "Sec 9-1102 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee" -A "\c" \ + -- "Sec 9-1103 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1104 License Revocation Or Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List" -A "\c" \ + -- "Sec 9-1105 Vehicle List" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard" -A "\c" \ + -- "Sec 9-1106 Storage Yard" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking" -A "\c" \ + -- "Sec 9-1107 Parking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log" -A "\c" \ + -- "Sec 9-1108 Rotation Log" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log" -A "\c" \ + -- "Sec 9-1109 Removal From Rotation Log" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services" -A "\c" \ + -- "Sec 9-1110 Required Services" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services" -A "\c" \ + -- "Sec 9-1111 Required Services" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log" -A "\c" \ + -- "Sec 9-1112 Removal From Department Log" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Towing motor vehicles, 47 O.S. +§ 951 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions" -A "\c" \ + -- "Sec 9-1101 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Inspecting Officers\f[R] means the City of Moore Chief of Police, +or their designee, the City of Moore Community Development Director, or +their designee, or the City of Moore City Clerk, or their designee, who +makes inspections on behalf of the city of wrecker service vehicles, +equipment, and place of businesses and tow and impound yards. +.br +.PP +\f[I]Rotation log\f[R] means the list of wrecker companies that have +been approved to provide wrecker services for the City in accordance +with this Chapter.\f[I] +.br +\f[R] +.PP +\f[I]Storage yard\f[R] shall be defined as the temporary storage of +vehicles that have been towed, carried, hauled or pushed from public or +private property for impoundment in a public or private impound +yard.\f[I] +.br +\f[R] +.PP +\f[I]Towing service rotation agreement\f[R] means the non-exclusive +agreement entered into between the city and a wrecker and towing service +that defines the obligations, procedures and terms for police dispatched +tow service. +.br +.br +.PP +\f[I]Wrecker and towing service\f[R] means any person, firm, corporation +or other entity, whether licensed or not, who owns or operates a +business which engages, in whole or in part, in the business of towing, +removal and storage of motor vehicles in the City. +.br +.PP +(Prior Code, § 24-51; Code 1999, § 9-1201) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required" -A "\c" \ + -- "Sec 9-1102 License Required" +\& +.LP +A. No person shall, within the city, operate a wrecker or towing service +without first having obtained from the city clerk a license therefor and +without having complied with all other provisions of this chapter, and +the provisions of 47 O.S. +951 et seq. +.PP +B. Any person or business desiring a license for a wrecker or towing +service shall file an application with the city clerk on such forms as +may, from time to time, be developed for that purpose and made available +to the public. +Such license must be renewed annually. +.br +.br +.PP +C. Designated officials from the Moore Police Department and the +Community Development Department shall make an initial inspection upon +receipt of application and shall make an annual inspection upon annual +license renewals. +Such inspections shall determine if the wrecker and tow service is in +compliance with City Code. +No license or license renewal shall be issued without Moore Police +Department and Moore Community Development Department approval. +.br +.br +.PP +D. No license shall be issued to any wrecker service with its storage +yard located outside the limits of the city unless such prospective +licensee contracts with an individual, company or other organization who +maintains a storage yard within the city. +.br +.br +.PP +(Code 1999, § 9-1202) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee" -A "\c" \ + -- "Sec 9-1103 Fee" +\& +.IP " 1." 4 +The fee for the license required by section 9-1102 to perform a wrecker +or towing service operation shall be the sum as set by the city. +Licenses procured under this chapter shall expire on December 31 +following their issuance . +A prorated license fee shall be paid for any license issued after +January 31. +.IP " 2." 4 +The fee for an annual license renewal and re-inspections required by +Section 9-1102 to perform a wrecker or towing service operation shall be +the sum as set by the city. +License renewal fees shall not be prorated. +.br +.br +.LP +(Prior Code, § 24-53; Code 1999, § 9-1203) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1104 License Revocation Or Suspension" +\& +.IP " 1." 4 +A license or permit issued under this division may be revoked or +suspended by the city clerk, for good cause, or in any case where any of +the provisions of this division are violated. +Any license issued for a wrecker and towing service may be revoked or +suspended by the city after notice and hearing upon not less than ten +days\[aq] notice, by certified mail to the last-known address of the +licensee, or personal service on the licensee. +Such notice shall be calculated from the date of mailing or in the case +of personal service, from the date of service upon the licensee. +The hearing shall be held before a panel comprised of the Chief of +Police, or their designee, Moore City Clerk, the Community Development +Director, or their designee, and the City Attorney, or their designee. +The panel shall determine license revocation or length of suspension, +and other terms and conditions of maintaining a Wrecker and Towing +Service license within the City. +.br +.br +.LP +(Prior Code, § 24-54; Code 1999, § 9-1204) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List" -A "\c" \ + -- "Sec 9-1105 Vehicle List" +\& +.IP " 1." 4 +Each year upon license renewal, all wrecker and towing services shall +submit a complete inventory of vehicles being stored in the storage yard +including the make, model and registration or license tag number. +The inventory shall be reviewed by the license renewal inspecting +officers. +No vehicles shall be stored in the storage yard for a period of time +exceeding 12 months. +However, if extenuating circumstances require certain vehicles to be +stored in the storage yard exceeding 12 months, documentation of the +extenuating circumstance and estimated date of removal shall be provided +to the inspecting officers. +.br +.br +.LP +(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. +No. +481(89), 4-17-1989) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard" -A "\c" \ + -- "Sec 9-1106 Storage Yard" +\& +.IP " 1." 4 +All wrecker and towing services, who store, park or maintain possession +of a towed vehicle shall store such vehicles in a secured facility +meeting the following minimum requirements: +.br +.br +.RS 4 +.IP " 1." 4 +Construction material for fencing shall be of wood or metal design, +which must allow the facility to remain sight-proof. +The fence must not be less than six feet high and not higher than eight +feet. +All lots shall have a least one gate of the same quality material as the +fence and shall be kept closed and locked unless in use. +The fence shall be supported by metal poles set in concrete footings. +All fences shall be kept in good repair and comply with Section +8-1113(D) of the Moore City Code;\ +.IP " 2." 4 +Storage yards shall be designed to be adequate in size for the +individual wrecker services need for storing vehicles. +No vehicles shall be parked or stored outside of the fenced storage yard +other than an employee or customer vehicle that is operational and not +impounded or otherwise stored;\ +.IP " 3." 4 +A minimum of one primary storage yard shall be located within Moore City +Limits. +Each vehicle must be initially stored and held at the primary yard. +After 30 days from the date of initial storage, vehicles may be moved to +a secondary yard;\ +.IP " 4." 4 +No storage yard shall be located on a lot with another automotive +business without an approved Certificate of Occupancy dated prior to +January 1, 2022. +There shall be no renting, selling, salvaging, dismantling or repair of +vehicles in association with the wrecker and towing service other than +what is required by the state licensing authority. +The co-mingling of vehicles between the two businesses is not allowed; +\ +.IP " 5." 4 +Vehicle staging areas shall be provided inside the storage yard to allow +the loading and unloading of vehicles behind a sight-proofed fence. +No vehicle staging, loading or unloading shall take place on street +right-of-way; and +.IP " 6." 4 +Wrecker and towing services approved prior to April 18, 2022 shall +maintain gravel customer parking outside of the storage yard in good +repair at all times, free from wash-outs and gulleys, to prevent the +tracking of mud or dirt onto a public street. +All wrecker and towing services approved after April 18, 2022 shall +provide paved customer parking outside of the storage yard that meets +the requirements of Section 12-400 of the Moore Land Development Code.\ +.RE +.IP " 2." 4 +The license of any wrecker or towing service business existing as of the +date of the passage of this ordinance whose storage yard does not meet +the requirements as set forth in this section shall be given 1 year from +the expiration date of their current license to become compliant with +the Moore City Code. +.br +.br +.LP +(Code 1999, § 9-1206; Ord. +No. +279(00), 5-1-2000) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking" -A "\c" \ + -- "Sec 9-1107 Parking" +\& +.LP +It is unlawful for any wrecker to be parked or stored on public or +private property within an area zoned for residential use. +.br +.PP +(Code 1999, § 9-1207; Ord. +No. +279(00), 5-1-2000; Ord. +No. +669(10), 4-5-2010) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log" -A "\c" \ + -- "Sec 9-1108 Rotation Log" +\& +.IP " 1." 4 +A wrecker and towing service may apply at any time and be placed on a +list maintained by the police department for the purpose of referrals. +An interested licensee shall file an application with the Moore Police +Department on such forms as may, from time to time, be developed for +that purpose and made available to the public. +For a wrecker and towing service to be placed on the Moore Police +Department Rotation Log, the applicant must hold a valid City of Moore +Wrecker and Towing Service license and agree to the terms and conditions +of the Rotation Agreement. +.br +.IP " 2." 4 +Referrals shall be directed only to the licensees appearing on said +list. +The list may be maintained by the city with any number of licensees up +to and including five. +All wrecker and towing services located on the Rotation Log at time of +ordinance passage shall remain on the Rotation Log until such time as +the wrecker and towing service is removed from the Rotation Log either +voluntarily by the wrecker and towing service or pursuant to Sec. +9-1111. +.IP " 3." 4 +A waiting list to be added to the Rotation Log may be maintained by the +Moore Police Department. +If at any time the number of wrecker and towing service companies on the +Rotation Log falls below five, excepting a temporary suspension from the +list, the wrecker and towing service waiting the longest on the wait +list shall be offered a place on the Rotation Log. +.LP +(Code 1999, § 9-1208; Ord. +No. +279(00), 5-1-2000) +.PP +.br +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log" -A "\c" \ + -- "Sec 9-1109 Removal From Rotation Log" +\& +.IP " 1." 4 +Any licensed wrecker and towing service may be removed or suspended from +the Rotation Log for not complying with the requirements of this Chapter +or by violating the requirements in the Rotation Agreement. +A Company may be suspended or removed from Rotation for good cause, or +in any case where any of the provisions of this agreement are violated +after notice and hearing upon not less than ten (10) days\[aq] notice, +by certified mail to the last-known address of the licensee. +Such notice shall be calculated from the date of mailing. +The hearing shall be held before a panel comprised of the Chief of +Police, or their designee, Moore City Clerk, the Community Development +Director, or their designee, and the City Attorney, or their designee. +The panel shall determine license revocation or length of suspension, +and other terms and conditions of maintaining the wrecker and towing +service on the Rotation Log. +.br +.br +.LP +(Code 1999, § 9-1209; Ord. +No. +279(00), 5-1-2000) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services" -A "\c" \ + -- "Sec 9-1110 Required Services" +\& +.LP +It is unlawful for any wrecker service listed on the city\[aq]s rotation +log to offer or provide free services for any individual employed by the +city in exchange for future considerations or services. +.br +.br +.PP +(Code 1999, § 9-1210; Ord. +No. +279(00), 5-1-2000) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ + -- "1002.22" +\& on 8/3/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services" -A "\c" \ + -- "Sec 9-1111 Required Services" +\& +.LP +(Code 1999, § 9-1211; Ord. +No. +279(00), 5-1-2000) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log" -A "\c" \ + -- "Sec 9-1112 Removal From Department Log" +\& +.LP +(Code 1999, § 9-1212; Ord. +No. +279(00), 5-1-2000) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS" -A "\c" \ + -- "CHAPTER 9-12 MASSAGE PARLORS AND HEALTH SPAS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY" -A "\c" \ + -- "ARTICLE 9-12A GENERALLY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS" -A "\c" \ + -- "ARTICLE 9-12B LICENSES AND PERMITS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS" -A "\c" \ + -- "ARTICLE 9-12C OPERATING REQUIREMENTS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Massage Therapy Practice Act, 59 O.S. +§ 4200.1 et seq.; local regulation of massage therapy preempted, 59 O.S. +§ 4200.10. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY" -A "\c" \ + -- "ARTICLE 9-12A GENERALLY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions" -A "\c" \ + -- "Sec 9-1201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized" -A "\c" \ + -- "Sec 9-1202 Inspections Authorized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions" -A "\c" \ + -- "Sec 9-1203 Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty" -A "\c" \ + -- "Sec 9-1204 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions" -A "\c" \ + -- "Sec 9-1201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Employee\f[R] means any person at least 18 years of age, other than +a massage therapist, who renders any service in connection with the +operation of a massage business and receives compensation, from the +manager of the business or patrons, but has no physical contact with the +customer. +.PP +\f[I]Licensee\f[R] means the person to whom a license or permit has been +issued to own, operate or manage a massage establishment or to engage in +massaging. +.PP +\f[I]Manager\f[R] means the person owning, controlling, conducting, +operating or managing a massage establishment, but shall not include the +massage therapist, as defined in this section. +.PP +\f[I]Massage\f[R] means any method of pressure on or friction against, +or stroking, kneading, rubbing, tapping, pounding, vibrating, or +stimulating of the external parts of the human body with the hands or +with the aid of any mechanical electrical apparatus or appliances with +or without such supplementary aids as rubbing alcohol, liniments, +antiseptics, oils, powders, creams, lotions, ointment, mud, paraffins, +salts or other such similar preparations commonly used in the practice +of massage, under such circumstances that it is reasonably expected that +the person to whom the treatment is provided or some third person on his +behalf will pay money or give any other consideration or any gratuity +therefor. +The term \[dq]massage\[dq] shall include seated massage. +.PP +\f[I]Massage establishment\f[R] means any establishment having a source +of income or compensation derived from the practice of massage as +defined in this section and which has a fixed place of business where +any person engages in or carries on any of the activities as defined in +the definition of the term \[dq]massage\[dq] provided in this section. +.PP +\f[I]Massage therapist\f[R] means any person who, for any consideration +whatsoever, engages in the practice of massage as defined in this +section. +.PP +\f[I]Off-site massage service\f[R] means any business, the functioning +of which is to engage in or carry on massages as defined in this section +at a location designated by the patron or at a location other than at a +massage establishment. +Off-site massage service may include seated massage. +.PP +\f[I]Patron\f[R] means any person, client or customer at least 18 years +of age, or if under 18 years of age with written parental or legal +guardian consent, who receives a massage under such circumstances that +it is reasonably expected that he will pay money or give any other +consideration therefor. +.PP +\f[I]Person\f[R] means any individual, partnership, firm, association, +joint stock company, corporation or combination of individuals of +whatever form or character. +.PP +\f[I]Seated massage\f[R] means any massage of the neck, arms, shoulders +and back area above the waist where the client is fully clothed, sitting +in a special chair designed for upper body massage and done without the +use of supplementary aids, such as rubbing alcohol, liniments, +antiseptics, oils, powders, creams, lotions, ointments, mud, paraffins, +salts, or other similar preparations commonly used in the practice of +massage. +Seated massage may be performed either at a massage establishment or +off-site. +.PP +\f[I]Sexual misconduct\f[R] means any criminal conviction, either +misdemeanor or felony, within the city, the state or any other state for +the crime of rape, child molestation, prostitution, acts of lewdness or +any crime where the convicted person is required to register as a sex +offender under the statutes of the state. +.PP +\f[I]Sexual or genital areas\f[R] means the genitals, pubic area, +buttocks, anus, or perineum of any person, or the vulva or breasts of a +female. +.PP +(Code 1999, § 9-1301; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized" -A "\c" \ + -- "Sec 9-1202 Inspections Authorized" +\& +.LP +Any department of the city or its designee may inspect any location +where massages are conducted. +The chief of police or his authorized representatives may from time to +time make inspection of any massage location for the purposes of +determining that the provisions of this chapter are fully complied with. +It shall be unlawful for any person to fail to allow such inspection +officer access to the premises or hinder such officer in any manner. +.PP +(Code 1999, § 9-1302; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions" -A "\c" \ + -- "Sec 9-1203 Exemptions" +\& +.LP +The provisions of this chapter shall not apply to the following while +they are engaged in the personal performance of the duties of their +respective professions: +.IP " 1." 4 +Physicians, surgeons, chiropractors, osteopaths, or physical therapists +who are duly licensed to practice their respective professions in the +state; +.IP " 2." 4 +Nurses who are registered under the laws of the state; +.IP " 3." 4 +Barbers and beauticians who are duly licensed under the laws of the +state, except that this exemption shall apply solely to the massaging of +the neck, face, scalp and hair; or manicurists or pedicurists and shall +apply solely to the massaging of the hands or feet of the patron for +cosmetic or beautifying purposes; +.IP " 4." 4 +The giving of massages by a licensee or students currently enrolled in +an educational course or program, the purpose of which is to obtain a +degree or certification to perform massages, offered by an employer for +the benefit of its employees, including, but not limited to, an +employer\[aq]s health benefit or wellness program when offered to +employees only, and only during the duration of the employer sanctioned +event; and +.IP " 5." 4 +Students practicing internships at a state licensed massage school under +the direct supervision of a qualified instructor. +.LP +(Code 1999, § 9-1303; Ord. +No. +552(91), 4-15-1991; Ord. +No. +678(10), 9-7-2010; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty" -A "\c" \ + -- "Sec 9-1204 Penalty" +\& +.LP +Every person, except those persons who are specifically exempted by this +chapter, whether acting as an individual manager, employee of the +manager, massage therapist or employee of the massage therapist, or +whether acting as a mere agent or independent contractor for the +manager, employee or massage therapist, or acting as a participant or +worker in any way directly or indirectly who gives massages or operates +a massage establishment or any of the services defined in this chapter +without first obtaining a license or permit and paying a fee to do so +from the city or shall violate any provisions of this chapter shall be +guilty of a misdemeanor and, upon conviction, such person shall be +punished as provided in section 1-108. +.PP +(Code 1999, § 9-1304; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS" -A "\c" \ + -- "ARTICLE 9-12B LICENSES AND PERMITS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY" -A "\c" \ + -- "DIVISION 1 GENERALLY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE" -A "\c" \ + -- "DIVISION 2 MASSAGE ESTABLISHMENT LICENSE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE" -A "\c" \ + -- "DIVISION 3 MASSAGE THERAPIST LICENSE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE" -A "\c" \ + -- "DIVISION 4 OFF-SITE MASSAGE LICENSE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE" -A "\c" \ + -- "DIVISION 5 SEATED MASSAGE LICENSE" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY" -A "\c" \ + -- "DIVISION 1 GENERALLY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term" -A "\c" \ + -- "Sec 9-1211 Term" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term" -A "\c" \ + -- "Sec 9-1211 Term" +\& +.LP +Every license or permit issued pursuant to the provisions of this +article shall terminate at the expiration of one year from the date of +its issuance unless sooner suspended or revoked. +Said license or permit shall be renewed annually pursuant to the same +standards and requirements set forth in this chapter. +.PP +(Code 1999, § 9-1311; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE" -A "\c" \ + -- "DIVISION 2 MASSAGE ESTABLISHMENT LICENSE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required" -A "\c" \ + -- "Sec 9-1221 Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application" -A "\c" \ + -- "Sec 9-1222 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises" -A "\c" \ + -- "Sec 9-1223 Inspection Of Premises" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License" -A "\c" \ + -- "Sec 9-1224 Facilities Necessary For License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance" -A "\c" \ + -- "Sec 9-1225 Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee" -A "\c" \ + -- "Sec 9-1226 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-1227 Transfer Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ + -- "Sec 9-1228 Use Of False Names Or Improper Location" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display" -A "\c" \ + -- "Sec 9-1229 Display" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1230 Revocation Or Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal" -A "\c" \ + -- "Sec 9-1231 Appeal" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required" -A "\c" \ + -- "Sec 9-1221 Required" +\& +.LP +No person shall own, control, lease, act as agent for, conduct, operate, +or manage an establishment for massaging any person without first +securing a license and paying the fee therefor. +A separate license shall be required for each place of business. +.PP +(Code 1999, § 9-1312; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application" -A "\c" \ + -- "Sec 9-1222 Application" +\& +.IP " 1." 4 +Any person desiring a license for a massage establishment shall file a +written application with the city clerk, license and permit division. +The applicant shall furnish the following information: +.RS 4 +.IP " 1." 4 +The type of ownership of the business (i.e., whether individual, +partnership, corporation, or otherwise); +.IP " 2." 4 +The name, style, and designation under which the business or practice is +to be conducted; +.IP " 3." 4 +The business address and all telephone numbers where the business is to +be conducted; +.IP " 4." 4 +A complete list of the names and residence addresses of all massage +therapists and employees in the business and the name and residence +address of the manager or other person principally in charge of the +operation of the business; +.IP " 5." 4 +The following personal information concerning the applicant, if an +individual; and concerning each stockholder holding more than ten +percent of the stock of the corporation, each officer and each director, +if the applicant is a corporation; and concerning the partners, +including limited partners, if the applicant is a partnership; and +concerning the manager or other person principally in charge of the +operation of the business: +.RS 4 +.IP " 1." 4 +Name, complete residence address and residence telephone numbers; +.IP " 2." 4 +The two previous addresses immediately prior to the present address of +the applicant; +.IP " 3." 4 +Written proof that the applicant is at least 18 years of age; +.IP " 4." 4 +Height, weight, color of hair and eyes, and sex; +.IP " 5." 4 +Two front-face-portrait photographs taken within 30 days of the date of +the application and at least two inches by two inches in size; +.IP " 6." 4 +The massage or similar business history and experience ten years prior +to the date of application, including, but not limited to, whether or +not such person in previously operating in this or another city or state +under license or permit has had such license or permit denied, revoked, +or suspended and the reason therefor, and the business activities or +occupations subsequent to such action of denial, suspension or +revocation; +.IP " 7." 4 +All criminal convictions, except misdemeanor traffic violations; and +.IP " 8." 4 +A complete set of fingerprints taken and to be retained on file by the +police chief or his authorized representatives; +.RE +.IP " 6." 4 +Such other information and identification of the applicant as shall be +deemed necessary by the police chief to discover the truth of the +matters hereinbefore required to be set forth in the application; +.IP " 7." 4 +Authorization for the city, its agents and employees to seek information +and conduct an investigation into the truth of the statements set forth +in the application and the qualifications of the applicant for the +licenses; +.IP " 8." 4 +The names and addresses of three adult residents of the county who will +serve as character references. +These references must be persons other than relatives and business +associates; and +.IP " 9." 4 +A written declaration by the applicant, under penalty of perjury, that +the information contained in the application is true and correct, the +declaration being duly dated and signed in the city. +.RE +.IP " 2." 4 +Along with the written application, the applicant shall provide to the +chief of police or his designee, for each employee, licensee, manager +and massage therapist: +.RS 4 +.IP " 1." 4 +Two forms of state or federal issued identification, at least one must +have a picture of the applicant; +.IP " 2." 4 +A state criminal history report from the state bureau of investigation +dated no more than 30 days prior to the date the application was +submitted. +.RE +.LP +(Code 1999, § 9-1313; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises" -A "\c" \ + -- "Sec 9-1223 Inspection Of Premises" +\& +.LP +To ensure compliance with this division, before a license is granted for +any massage establishment the city shall cause an inspection to be made +of the location of the establishment, the equipment and facilities, and +the sanitary conditions. +The city\[aq]s inspector shall make a report thereof in writing, which +shall be filed with and become a part of the application. +.PP +(Code 1999, § 9-1314; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License" -A "\c" \ + -- "Sec 9-1224 Facilities Necessary For License" +\& +.IP " 1." 4 +No license to conduct a massage establishment shall be issued if an +inspection by the city or its designee reveals that the facilities do +not comply with each of the following requirements: +.RS 4 +.IP " 1." 5 +If the establishment provides tubs, steam baths and showers, said +facilities shall be made waterproof with approved waterproofing +materials and shall be installed in accordance with the building and +plumbing codes of the city; +.IP " 2." 5 +If the establishment provides steam rooms and shower compartments, said +facilities shall have waterproof floors, walls and ceilings approved by +the city or its designee; +.IP " 3." 5 +If the establishment provides wet and dry heat rooms, the floors shall +be adequately pitched to one or more floor drains properly connected to +the sewer, provided that dry heat rooms with wooden floors need not be +provided with pitched floors and floor drains; +.IP " 4." 5 +A source of hot water must be available within the immediate vicinity of +dry and wet heat rooms to facilitate cleaning; +.IP " 5." 5 +The premises shall have adequate equipment for disinfecting and +sterilizing non-disposable instruments and materials used in +administering massages. +Such non-disposable instruments and materials shall be disinfected after +use on each patron; +.IP " 6." 5 +Protected cabinets shall be provided and used for storage clean linen, +towels and other materials used in connection with administering +massages. +All soiled linens, towels and other materials shall be kept in properly +covered containers or cabinets, which containers or cabinets shall be +kept separate from the clean storage areas; +.IP " 7." 5 +Toilet facilities shall be provided in convenient locations and shall +comply with all building and plumbing codes of the city; +.IP " 8." 5 +Lavatories or washbasins provided with both hot and cold running water +shall be installed in either the toilet room or a vestibule. +Lavatories or washbasins shall be provided with soap and a dispenser and +with sanitary towels; +.IP " 9." 5 +All electrical equipment shall be installed in accordance with the +requirements of the city\[aq]s electrical ordinances; and +.IP " 10." 5 +The establishment shall have adequate equipment such as massage tables +and/or chairs for administering massage. +Said equipment shall be of a washable material and kept clean and in +good repair. +.RE +.IP " 2." 4 +Nothing contained herein shall be construed to eliminate other +requirements of statute or ordinance concerning the maintenance of +premises nor to preclude authorized inspection thereof, whenever such +inspection is deemed necessary by the police or city\[aq]s license and +permit division. +.LP +(Code 1999, § 9-1315; Ord. +No. +552(91), 4-15-1991; Ord. +No. +39(92), 11-16-1992; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance" -A "\c" \ + -- "Sec 9-1225 Issuance" +\& +.LP +If the city\[aq]s inspector find no violations or compliance problems, +he shall cause such approval to be delivered to the license and permit +division, who shall issue the license unless it finds: +.IP " 1." 4 +The correct license fee has not been tendered to the city, and, in the +case of a check or bank draft, not honored with payment upon +presentation. +.IP " 2." 4 +The operation, as proposed by the applicant, if permitted, would not +comply with all applicable laws, including, but not limited to, the +city\[aq]s building, zoning and health ordinances. +.IP " 3." 4 +The applicant, if an individual; or any of the stockholders holding more +than ten percent of the stock of the corporation, any of the officers +and directors, if the applicant is a corporation; or any of the +partners, including limited partners, if the applicant is a partnership; +or the manager or other person principally in charge of the operation of +the business, have been convicted of any of the following offenses: +.RS 4 +.IP " 1." 4 +An offense involving the use of force and violence upon the person of +another that amounts to a felony; +.IP " 2." 4 +An offense involving sexual misconduct as defined in section 9-1201; or +.IP " 3." 4 +An offense involving narcotics, dangerous drugs or dangerous weapons +that amounts to a felony. +The city may issue a license to any person convicted of any of the +crimes described above if such conviction occurred at least five years +prior to the date of the application and the applicant has had no +subsequent felony convictions of any nature and no subsequent +misdemeanor convictions for any such crime mentioned above. +.RE +.IP " 4." 4 +The applicant has knowingly made any false, misleading, or fraudulent +statement of fact in the application or in any document required by the +city in conjunction therewith. +.IP " 5." 4 +The applicant has had a massage establishment, massage therapist or +other similar permit or license denied, revoked, or suspended by the +city or any other state or local agency within five years prior to the +date of the application. +.IP " 6." 4 +The applicant, if an individual; or any of the officers and directors, +if the applicant is a corporation; or any of the partners, including +limited partners, if the applicant is a partnership; and the manager or +other person principally in charge of the operation of the business, is +not at least 18 years of age; and +.IP " 7." 4 +The applicant\[aq]s facility has not met the requirements of section +9-1224. +.LP +(Code 1999, § 9-1316; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee" -A "\c" \ + -- "Sec 9-1226 Fee" +\& +.LP +A person who is required by the provisions of this article to obtain a +license shall pay to the city the fee established by ordinance or +appropriate resolution. +Copies of such ordinance or resolution will be on file in the office of +the city clerk. +.PP +(Code 1999, § 9-1317; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-1227 Transfer Prohibited" +\& +.LP +A license for the operation of a massage establishment at a particular +location shall never be transferred. +.PP +(Code 1999, § 9-1318; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ + -- "Sec 9-1228 Use Of False Names Or Improper Location" +\& +.LP +No person granted a license pursuant to this division shall operate the +massage establishment under a name not specified in his license, nor +shall he conduct business under any designation or location not +specified in his license. +.PP +(Code 1999, § 9-1319; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display" -A "\c" \ + -- "Sec 9-1229 Display" +\& +.LP +Every person licensed under this division shall display such license in +a prominent place on the licensed premises. +.PP +(Code 1999, § 9-1320; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1230 Revocation Or Suspension" +\& +.LP +Any license issued for a massage establishment may be revoked or +suspended by the city after notice and hearing upon not less than ten +days\[aq] notice, by certified mail to the last-known address of the +licensee, or personal service on the licensee. +Such notice shall be calculated from the date of mailing or in the case +of personal service, from the date of service upon the licensee. +A license or permit issued under this division may be revoked or +suspended by the license or permit division, for good cause, or in any +case where any of the provisions of this division are violated or where +any employee of the licensee, including a massage therapist, is engaged +in any conduct which violates any of the state or local laws or +ordinances and the licensee has actual or constructive knowledge by due +diligence, or upon a finding by the county health department, that such +business is being managed, conducted or maintained without regard to +proper sanitation and hygiene. +.PP +(Code 1999, § 9-1321; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal" -A "\c" \ + -- "Sec 9-1231 Appeal" +\& +.IP " 1." 4 +Any applicant or licensee whose license has been denied, revoked or +suspended shall have the right to appeal the decision of the licensing +officer to the city council. +The city council shall have the power to sustain, reverse or modify the +decision of the licensing officer. +.IP " 2." 4 +Any person appealing a decision of the licensing officer shall give +written notice of appeal to the city clerk not more than ten days, +exclusive of Saturdays, Sundays and city holidays, after the date of the +decision of the licensing officer. +Such notice shall set forth the reason for the appeal and the specific +points on which the licensing officer allegedly erred. +.IP " 3." 4 +An appeal shall stay any decision of the licensing officer which would +require the discontinuance of an existing licensed activity. +.IP " 4." 4 +A hearing before the city council shall be scheduled within 30 days from +the date the notice of appeal is filed. +Notice of such hearing shall be mailed to the person appealing and all +other interested parties of record, not less than five days prior to +such hearing. +.LP +(Code 1999, § 9-1322; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE" -A "\c" \ + -- "DIVISION 3 MASSAGE THERAPIST LICENSE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required" -A "\c" \ + -- "Sec 9-1241 Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application" -A "\c" \ + -- "Sec 9-1242 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards" -A "\c" \ + -- "Sec 9-1243 Issuance Standards" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee" -A "\c" \ + -- "Sec 9-1244 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting" -A "\c" \ + -- "Sec 9-1245 Posting" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1246 Revocation Or Suspension" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required" -A "\c" \ + -- "Sec 9-1241 Required" +\& +.LP +Every person engaged in massaging, including seated massage, shall be +required to obtain a license from the supervisor of licenses before +engaging in the practice of massaging. +No such license shall be issued unless the applicant also is licensed +under The Massage Therapy Practice Act (59 O.S. +§ 4200.1 et seq.). +.PP +(Code 1999, § 9-1331; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application" -A "\c" \ + -- "Sec 9-1242 Application" +\& +.IP " 1." 4 +Any person desiring the permit required by the provisions of this +division shall file a written application with the city clerk, license +and permit division. +The applicant shall furnish the following information: +.RS 4 +.IP " 1." 4 +The business address and all telephone numbers where the massage is to +be practiced. +.IP " 2." 4 +The following personal information concerning the applicant: +.RS 4 +.IP " 1." 4 +Name, complete residence address and residence telephone numbers; +.IP " 2." 4 +The two previous addresses immediately prior to the present address of +the applicant; +.IP " 3." 4 +Height, weight, color of hair and eyes, and sex; +.IP " 4." 4 +Two front-face-portrait photographs taken within 30 days of the date of +application and at least two inches by two inches in size; +.IP " 5." 4 +The massage or similar business history and experience ten years prior +to the date of application, including, but not limited to, whether or +not such person in previously has been operating in this or another city +or state under a license or permit and whether such license or permit, +been denied, revoked, or suspended and the reason therefor, and the +business activities or occupations subsequent to such action of denial, +suspension, or revocation; +.IP " 6." 4 +A complete set of fingerprints taken and to be retained on file by the +police chief or his authorized representatives; and +.IP " 7." 4 +A copy of a current and valid massage therapist license issued by the +State Board of Cosmetology and Barbering issued under the Massage +Therapy Practice Act (59 O.S. +§ 4200.1 et seq.). +.RE +.IP " 3." 4 +Such other information and identification of the person deemed necessary +by the police chief in order to discover the truth of the matters +required above. +.IP " 4." 4 +Authorization for the city, its agents and employees, to seek +information and conduct an investigation into the truth of the +statements set forth in the application and the qualifications of the +applicant for the permit. +.IP " 5." 4 +A written declaration by the applicant, under penalty of perjury, that +the information contained in the application is true and correct, the +declaration being duly dated and signed in the city. +.IP " 6." 4 +A statement showing the name and address of the person by whom the +massage therapist is employed, if applicable, and such massage therapist +shall file successive statements if a change is made in the employment +of the massage therapist during the existence of the permit. +.RE +.IP " 2." 4 +Along with the written application, the applicant shall provide to the +chief of police or his designee: +.RS 4 +.IP " 1." 4 +Two forms of state or federal issued identification, at least one must +have a picture of the applicant; and +.IP " 2." 4 +A state criminal history report from the state bureau of investigation +dated no more than 30 days prior to the date the application was +submitted. +.RE +.LP +(Code 1999, § 9-1332; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346932_Ordinance%20No.%20901%20(19).pdf" -A "\c" \ + -- "901(19)" +\& on 3/4/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards" -A "\c" \ + -- "Sec 9-1243 Issuance Standards" +\& +.LP +No license shall be issued pursuant to the provisions of this division +if: +.IP " 1." 4 +The correct permit fee has not been tendered to the city, and, in the +case of a check or bank draft, not honored with payment upon +presentation. +.IP " 2." 4 +The applicant has been convicted of any of the following offenses or +convicted or an offense without the state that would have constituted +any of the following offenses if committed within the state: +.RS 4 +.IP " 1." 4 +An offense involving the use of force and violence upon the person of +another that amounts to a felony; +.IP " 2." 4 +An offense involving sexual misconduct as defined in section 9-1201; or +.IP " 3." 4 +An offense involving narcotics, dangerous drugs or dangerous weapons +that amounts to a felony. +The city may issue a permit to any person convicted of any of the crimes +described above if it finds that such conviction occurred at least five +years prior to the date of the application and the applicant has had no +subsequent felony convictions of any nature and no subsequent +misdemeanor convictions for any such crime mentioned above. +.RE +.IP " 3." 4 +The applicant has knowingly made any false, misleading, or fraudulent +statement of fact in the permit application or in any document required +by the city in conjunction therewith. +.IP " 4." 4 +The applicant has had a massage establishment, massage therapists, or +other similar permit or license denied, revoked, or suspended by the +city or any other state or local agency within five years prior to the +date of the application. +.IP " 5." 4 +The applicant is not at least 18 years of age. +.LP +(Code 1999, § 9-1333; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee" -A "\c" \ + -- "Sec 9-1244 Fee" +\& +.LP +A person who is required by the provisions of this division to obtain a +permit shall pay to the city the fee established by ordinances or +appropriate resolution. +Copies of such ordinance or resolution shall be on file in the office of +the city clerk. +.PP +(Code 1999, § 9-1334; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting" -A "\c" \ + -- "Sec 9-1245 Posting" +\& +.LP +Every massage therapist or manager shall post the permit required by +this division in his work area. +.PP +(Code 1999, § 9-1335; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1246 Revocation Or Suspension" +\& +.LP +Any license issued for a manager or massage therapist may be revoked or +suspended by the city pursuant to the provision of sections 9-1230 and +9-1231. +.PP +(Code 1999, § 9-1336; Ord. +No. +552(91), 4-15-1991; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE" -A "\c" \ + -- "DIVISION 4 OFF-SITE MASSAGE LICENSE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required" -A "\c" \ + -- "Sec 9-1251 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License" -A "\c" \ + -- "Sec 9-1252 Requirements Necessary For A License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee" -A "\c" \ + -- "Sec 9-1253 Fee" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required" -A "\c" \ + -- "Sec 9-1251 License Required" +\& +.LP +No person shall engage in off-site services as defined in section 9-1201 +without first securing a license from the city clerk, license and permit +division, and paying the fee therefor. +.PP +(Code 1999, § 9-1341; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License" -A "\c" \ + -- "Sec 9-1252 Requirements Necessary For A License" +\& +.LP +No license to conduct off-site services shall be issued unless the +following requirements are met: +.IP " 1." 4 +The applicant must have a valid massage therapist license issued by the +city; +.IP " 2." 4 +The applicant shall have adequate means, such as germicide or alcohol, +for disinfecting and sterilizing non-disposable instruments and +materials used in administering massages. +Such non-disposable instruments and materials shall be disinfected after +use on each patron; +.IP " 3." 4 +The applicant shall have adequate means of disinfecting hands prior to +administering a massage; +.IP " 4." 4 +The applicant shall have adequate means of separating linens from any +chemicals, oils, or other wet items; and +.IP " 5." 4 +The applicant shall have adequate equipment, such as a table or massage +chair, for administering massages. +Said equipment shall be of a washable material and kept clean and in +good repair. +.LP +(Code 1999, § 9-1342; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee" -A "\c" \ + -- "Sec 9-1253 Fee" +\& +.LP +A person who is required by the provisions of this division to obtain a +permit shall pay to the city the fee established by ordinances or +appropriate resolution. +Copies of such ordinance or resolution shall be on file in the office of +the city clerk. +.PP +(Code 1999, § 9-1343; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE" -A "\c" \ + -- "DIVISION 5 SEATED MASSAGE LICENSE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required" -A "\c" \ + -- "Sec 9-1261 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License" -A "\c" \ + -- "Sec 9-1262 Requirements Necessary For A License" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required" -A "\c" \ + -- "Sec 9-1261 License Required" +\& +.LP +No person shall engage in seated massage services as defined in section +9-1201 without first securing a massage therapist license from the city +clerk, license and permit division, and paying the fee therefor. +.PP +(Code 1999, § 9-1351; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License" -A "\c" \ + -- "Sec 9-1262 Requirements Necessary For A License" +\& +.LP +Seated massage, as defined in section 9-1201 may be performed at a +massage establishment or off-site, provided it meets the following +conditions: +.IP " 1." 4 +Seated massage shall only be offered at a commercial or industrial place +of business and only for employees and/or patrons of that business. +.IP " 2." 4 +Seated massage shall be offered in a public area only, to which all +patrons or employees are provided free access. +.IP " 3." 4 +Chairs/seats used for seated massage shall be constructed of non-porous, +easily cleanable materials and shall be cleaned and sanitized after each +use. +Any openings, splits or tears shall be repaired before the next use. +.LP +(Code 1999, § 9-1352; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS" -A "\c" \ + -- "ARTICLE 9-12C OPERATING REQUIREMENTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally" -A "\c" \ + -- "Sec 9-1271 Sanitation Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices" -A "\c" \ + -- "Sec 9-1272 Posting Of Prices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register" -A "\c" \ + -- "Sec 9-1273 Employee Register" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required" -A "\c" \ + -- "Sec 9-1274 Records Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists" -A "\c" \ + -- "Sec 9-1275 Employment Of Massage Therapists" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases" -A "\c" \ + -- "Sec 9-1276 Contagious Diseases" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress" -A "\c" \ + -- "Sec 9-1277 Required Dress" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels" -A "\c" \ + -- "Sec 9-1278 Sheets And Towels" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours" -A "\c" \ + -- "Sec 9-1279 Operating Hours" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising" -A "\c" \ + -- "Sec 9-1280 Advertising" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises" -A "\c" \ + -- "Sec 9-1281 Persons Under 18 Prohibited On Premises" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer" -A "\c" \ + -- "Sec 9-1282 Alcoholic Beverages And Low-Point Beer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct" -A "\c" \ + -- "Sec 9-1283 Indecent Conduct" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc." -A "\c" \ + -- "Sec 9-1284 Requirements For Cubicles, Booths, Etc." +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons" -A "\c" \ + -- "Sec 9-1285 Treatment Of Diseased Persons" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally" -A "\c" \ + -- "Sec 9-1271 Sanitation Generally" +\& +.LP +Every place where a massage is being conducted, including appliances and +apparatus, shall be kept clean and operated in a sanitary condition. +.PP +(Code 1999, § 9-1361; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices" -A "\c" \ + -- "Sec 9-1272 Posting Of Prices" +\& +.LP +Price rates for massage services, including seated massage and off-site +services, shall be prominently displayed in a location available to all +prospective customers. +.PP +(Code 1999, § 9-1362; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register" -A "\c" \ + -- "Sec 9-1273 Employee Register" +\& +.LP +The licensee or person designated by the licensee of a massage +establishment shall maintain a register of all persons employed at any +time as massage therapists and their permit numbers. +Such register shall be posted at the massage establishment at all times. +.PP +(Code 1999, § 9-1363; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required" -A "\c" \ + -- "Sec 9-1274 Records Required" +\& +.LP +Every massage establishment, manager or permittee or licensee +administering a massage shall maintain an appointment book in which +shall be entered the name of each and every patron, the time, date and +place of service and the service provided. +.PP +(Code 1999, § 9-1364; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists" -A "\c" \ + -- "Sec 9-1275 Employment Of Massage Therapists" +\& +.LP +No person shall employ as an operator a massage therapist any person +unless the employee has obtained and has in effect a permit license +issued pursuant to this chapter. +.PP +(Code 1999, § 9-1365; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases" -A "\c" \ + -- "Sec 9-1276 Contagious Diseases" +\& +.LP +Except as otherwise provided, no manager of any massage establishment +shall employ or permit any massage therapist to work and no massage +therapist shall work in any establishment or location which is affected +with any infectious, contagious or communicable disease or any disease +which may, by law, be required to be reported to the health department +of the city or of the state. +.PP +(Code 1999, § 9-1366; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress" -A "\c" \ + -- "Sec 9-1277 Required Dress" +\& +.LP +All employees of a massage establishment, and all massage therapists, +shall be clean and wear clean, nontransparent outer garments, covering +the sexual and genital areas. +.PP +(Code 1999, § 9-1367; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels" -A "\c" \ + -- "Sec 9-1278 Sheets And Towels" +\& +.LP +All places where massage is being conducted shall have clean laundered +sheets and towels in sufficient quantity and which shall be laundered +after each use thereof and stored in a sanitary manner. +.PP +(Code 1999, § 9-1368; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours" -A "\c" \ + -- "Sec 9-1279 Operating Hours" +\& +.LP +No massage establishment or off-site service shall be kept open or +provide massaging between the hours of 10:00 p.m. +and 8:00 a.m. +.PP +(Code 1999, § 9-1369; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising" -A "\c" \ + -- "Sec 9-1280 Advertising" +\& +.LP +No massage establishment or massage therapist shall place, publish or +distribute, or cause to be placed, published or distributed, any +advertisement, picture, or statement which is known, or through the +exercise of reasonable care should be known, to be false, deceptive or +misleading in order to induce any person to purchase or utilize any +professional massage services. +Any advertisement of a massage establishment or massage therapist shall +contain the license number of said establishment or therapist. +.PP +(Code 1999, § 9-1370; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises" -A "\c" \ + -- "Sec 9-1281 Persons Under 18 Prohibited On Premises" +\& +.LP +No person shall permit any person under the age of 18 years to come or +remain on the premises of any massage establishment as a massage +therapist, employee, patron, or in any other capacity without +parental/legal guardian presence or written consent, unless such person +is on the premises on lawful business. +.PP +(Code 1999, § 9-1371; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer" -A "\c" \ + -- "Sec 9-1282 Alcoholic Beverages And Low-Point Beer" +\& +.LP +No person shall sell, give, dispense, provide or keep, or cause to be +sold, given, dispensed, provided or kept, any alcoholic beverage as +defined in 37 O.S. +§ 506, or low-point beer as defined in 37 O.S. +§ 163.2, on the premises of any massage establishment or place where +massaging is being conducted. +.PP +(Code 1999, § 9-1372; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct" -A "\c" \ + -- "Sec 9-1283 Indecent Conduct" +\& +.IP " 1." 4 +It shall be unlawful for any person, conducting a massage, to place his +hands upon, to touch with any part of his body, to fondle in any manner, +or to massage, a sexual or genital part area of any other person. +.IP " 2." 4 +It shall be unlawful for any person, in a massage establishment +conducting a massage, to expose his sexual or genital areas, or any +portion thereof, to any other person. +It shall also be unlawful for any person, conducting a massage, to +expose the sexual or genital areas, or any portions thereof, of any +other person. +.IP " 3." 4 +It shall be unlawful for any person, while in the presence of any other +person conducting a massage, to fail to conceal with a fully opaque +covering, the sexual or genital areas of his body. +.IP " 4." 4 +It shall be unlawful for any person owning, operating or managing a +massage establishment, knowingly to cause, allow or permit in or about +such massage establishment, any agent, employee, or any other person +under his control or supervision to perform such acts prohibited in +subsection (A), (B) or (C) of this section. +.LP +(Code 1999, § 9-1373; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc." -A "\c" \ + -- "Sec 9-1284 Requirements For Cubicles, Booths, Etc." +\& +.LP +It shall be unlawful for any massage to be carried on within any +cubicle, room, booth, or any area which is fitted with a door capable of +being locked. +Nothing contained herein shall be construed to eliminate other +requirements of statute or ordinance concerning the maintenance of +premises, nor to preclude authorized inspection thereof, whenever such +inspection is deemed necessary by the police or county health +departments. +.PP +(Code 1999, § 9-1374; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons" -A "\c" \ + -- "Sec 9-1285 Treatment Of Diseased Persons" +\& +.LP +No person affected with any contagious disease or with any disease of +the skin shall be treated with a massage. +.PP +(Code 1999, § 9-1375; Ord. +No. +704(11), 9-6-2011) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES" -A "\c" \ + -- "CHAPTER 9-13 PENALTIES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty" -A "\c" \ + -- "Sec 9-1301 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty" -A "\c" \ + -- "Sec 9-1301 Penalty" +\& +.LP +A violation of any of the provisions of this part is punishable as +provided in section 1-108. +A violation of this part may also result in revocation or suspension of +a license issued hereunder, in addition to other penalties or remedies +authorized by law. +.PP +(Code 1999, § 9-1501) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION" -A "\c" \ + -- "CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL MICROPIGMENTATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION" -A "\c" \ + -- "ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL MICROPIGMENTATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS" -A "\c" \ + -- "ARTICLE 9-14B LICENSES AND PERMITS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Body piercing and tattooing, 21 O.S. +§ 842.1 et seq.; local regulation of body piercing and tattooing, 21 +O.S. +§ 842.3. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION" -A "\c" \ + -- "ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL MICROPIGMENTATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation" -A "\c" \ + -- "Sec 9-1401 Tattooing, Body Piercing, Medical Micropigmentation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements" -A "\c" \ + -- "Sec 9-1402 Requirements" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation" -A "\c" \ + -- "Sec 9-1401 Tattooing, Body Piercing, Medical Micropigmentation" +\& +.IP " 1." 4 +It shall be unlawful for any person to perform or offer to perform body +piercing or tattooing on a child under 18 years of age. +No person under 18 years of age shall be allowed to receive a tattoo. +No person under 18 years of age shall be allowed to receive a body +piercing procedure unless the parent or legal guardian of such child +gives written consent for the procedure, and the parent or legal +guardian of the child is present during the procedure. +No person shall be allowed to purchase or possess tattoo equipment or +supplies without being licensed either as a state medical +micropigmentologist or as a state tattoo artist. +.IP " 2." 4 +Tattooing shall not be performed upon a person impaired by drugs or +alcohol. +A person impaired by drugs or alcohol is considered incapable of +consenting to tattooing and incapable of understanding tattooing +procedures and aftercare suggestions. +.IP " 3." 4 +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I]Apprentice\f[R] means any person who is training under the +supervision of a licensed tattoo artist. +That person cannot independently perform the work of tattooing. +The term \[dq]apprentice\[dq] also means any person who is training +under the supervision of a licensed body artist. +That person cannot independently perform the work of body piercing. +.br +\f[I]Artist\f[R] means the person who actually performs the body +piercing or tattooing procedure. +.br +\f[I]Body piercing\f[R] means a procedure in which an opening is created +in a human body solely for the purpose of inserting jewelry or other +decoration; provided, however, the term does not include ear piercing. +.br +\f[I]Body piercing operator\f[R] means any person who owns, controls, +operates, conducts, or manages any permanent body piercing establishment +whether actually performing the work of body piercing or not. +A mobile unit, including, but not limited to, a mobile home, +recreational vehicle, or any other nonpermanent facility, shall not be +used as a body piercing establishment. +.br +\f[I]Tattoo operator\f[R] means any person who owns, controls, operates, +conducts, or manages any permanent tattooing establishment whether +performing the work of tattooing or not, or a temporary location that is +a fixed location at which an individual tattoo operator performs +tattooing for a specified period of not more than seven days in +conjunction with a single event or celebration, where the primary +function of the event or celebration is tattooing. +.br +\f[I]Tattooing\f[R] means the practice of producing an indelible mark or +figure on the human body by scarring or inserting a pigment under the +skin using needles, scalpels, or other related equipment, provided that +medical micropigmentation, performed pursuant to the provisions of the +Oklahoma Medical Micropigmentation Regulation Act, shall not be +construed to be tattooing. +.IP " 4." 4 +This chapter shall not apply to any act of a licensed practitioner of +the healing arts performed in the course of such practitioner\[aq]s +practice of the practitioner. +.LP +(Code 1999, § 9-1600; Ord. +No. +555(06), 9-18-2006) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf" -A "\c" \ + -- "914(19)" +\& on 6/3/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements" -A "\c" \ + -- "Sec 9-1402 Requirements" +\& +.IP " 1." 4 +All body piercing operators, tattoo operators and artists shall be +prohibited from performing body piercing or tattooing unless licensed in +the appropriate category by the state department of health. +.IP " 2." 4 +The city shall not grant or issue a license to a body piercing or tattoo +operator if the place of business of the body piercing or tattoo +operator is within 1,000 feet of a church, school, or playground. +.RS 4 +.IP " 1." 4 +The provisions of this subsection (B) shall not apply to the renewal of +licenses or to new applications for locations where body piercing or +tattoo operators are licensed at the time the application is filed with +the department. +.IP " 2." 4 +The following words, terms and phrases, when used in this subsection +(B), shall have the meanings ascribed to them in this subsection, except +where the context clearly indicates a different meaning: +.br +.br +\f[I]Church\f[R] means an establishment, other than a private dwelling, +where religious services are usually conducted +.br +.br +\f[I]Playground\f[R] means a place, other than grounds at a private +dwelling, that is provided by the public or members of a community for +recreation. +.br +\f[I] +.br +School\f[R] means an establishment, other than a private dwelling, where +the usual processes of education are usually conducted. +.br +.RE +.LP +(Code 1999, § 9-1601; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS" -A "\c" \ + -- "ARTICLE 9-14B LICENSES AND PERMITS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term" -A "\c" \ + -- "Sec 9-1411 Term" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required" -A "\c" \ + -- "Sec 9-1412 Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application" -A "\c" \ + -- "Sec 9-1413 Application" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance" -A "\c" \ + -- "Sec 9-1414 Issuance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee" -A "\c" \ + -- "Sec 9-1415 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-1416 Transfer Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ + -- "Sec 9-1417 Use Of False Names Or Improper Location" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display" -A "\c" \ + -- "Sec 9-1418 Display" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1419 Revocation Or Suspension" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal" -A "\c" \ + -- "Sec 9-1420 Appeal" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term" -A "\c" \ + -- "Sec 9-1411 Term" +\& +.LP +Every license or permit issued pursuant to the provisions of this +article shall terminate at the expiration of one year from the date of +its issuance unless sooner suspended or revoked. +.PP +(Code 1999, § 9-1602; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required" -A "\c" \ + -- "Sec 9-1412 Required" +\& +.LP +No body piercing operator, tattooing operator or artist shall own, +control, lease, act as agent for, conduct, operate, or manage an +establishment for tattooing or body piercing without first securing a +license and paying the fee therefor. +A separate license shall be required for each office or place of +business. +.PP +(Code 1999, § 9-1603; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application" -A "\c" \ + -- "Sec 9-1413 Application" +\& +.LP +Any body piercing operator, tattooing operator, or artist desiring a +license for tattooing or body piercing shall file a written application +with the city clerk, license and permit division. +The applicant shall furnish the following information: +.IP " 1." 4 +A state department of health license issued in the appropriate category; +.IP " 2." 4 +The type of ownership of the business (i.e., whether individual, +partnership, corporation, or otherwise); +.IP " 3." 4 +The name, style, and designation under which the business or practice is +to be conducted; +.IP " 4." 4 +The business address and all telephone numbers where the business is to +be conducted; +.IP " 5." 4 +A complete list of the names and residence address of all operators and +employees in the business and the name and residence address of the +manager or other person principally in charge of the operation; +.IP " 6." 4 +The following personal information concerning the applicant, if an +individual; and concerning each stockholder holding more than ten +percent of the stock of the corporation, each officer and each director, +if the applicant is a corporation; and concerning the partners, +including limited partners, if the applicant is a partnership; and the +holder of any lien, of any nature, upon the business or the equipment +used therein; and concerning the manager or other person principally in +charge of the operation of the business: +.RS 4 +.IP " 1." 4 +Name, complete residence address and residence telephone numbers; +.IP " 2." 4 +The two previous addresses immediately prior to the present address of +the applicant; +.IP " 3." 4 +Written proof that the applicant is at least 18 years of age; +.IP " 4." 4 +Height, weight, color of hair and eyes, and sex; +.IP " 5." 4 +Two front-face-portrait photographs taken within 30 days of the date of +the application and at least two inches by two inches in size; +.IP " 6." 4 +All criminal convictions, except misdemeanor traffic violations; and +.IP " 7." 4 +A complete set of fingerprints taken and to be retained on file by the +police chief or his authorized representatives; +.RE +.IP " 7." 4 +Such other information, identification, and physical examination of the +applicant as shall be deemed necessary by the police chief to discover +the truth of the matters hereinbefore required to be set forth in the +application; +.IP " 8." 4 +Authorization for the city, its agents and employees to seek information +and conduct an investigation into the truth of the statements set forth +in the application and the qualifications of the applicant for the +permit. +.LP +(Code 1999, § 9-1604; Ord. +No. +555(06), 9-18-2006) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf" -A "\c" \ + -- "914(19)" +\& on 6/3/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance" -A "\c" \ + -- "Sec 9-1414 Issuance" +\& +.LP +If the city\[aq]s inspectors find no violations or compliance problems, +the inspector shall cause such approval to be delivered to the license +and permit division who shall issue the license unless it finds: +.IP " 1." 4 +The current license fee has not been tendered to the city, and, in the +case of a check or bank draft, not honored with payment upon +presentation. +.IP " 2." 4 +The operation, as proposed by the applicant, if permitted, would not +comply with all applicable laws, including, but not limited to, the +city\[aq]s building, zoning and health ordinances. +.IP " 3." 4 +The applicant has knowingly made any false, misleading, or fraudulent +statement of fact in the application or in any document therewith. +.IP " 4." 4 +The applicant has attached copies of all state certificates and surety +bonds approved by the state attorney general and filed in the office of +the secretary of state. +.LP +(Code 1999, § 9-1605; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee" -A "\c" \ + -- "Sec 9-1415 Fee" +\& +.LP +A person who is required by the provisions of this article to obtain a +license shall pay to the city the fee established by ordinance or +appropriate resolution. +.PP +(Code 1999, § 9-1606; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited" -A "\c" \ + -- "Sec 9-1416 Transfer Prohibited" +\& +.LP +A license for the operation of a tattoo or body piercing establishment +at a particular location shall never be transferred. +.PP +(Code 1999, § 9-1607; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ + -- "Sec 9-1417 Use Of False Names Or Improper Location" +\& +.LP +No person granted a license pursuant to this article shall operate the +tattoo or body piercing establishment under a name not specified in his +license, nor shall he conduct business under any designation or location +not specified in his license. +.PP +(Code 1999, § 9-1608; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display" -A "\c" \ + -- "Sec 9-1418 Display" +\& +.LP +Every person licensed under this article shall display such license in a +prominent place on the licensed premises. +.PP +(Code 1999, § 9-1609; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension" -A "\c" \ + -- "Sec 9-1419 Revocation Or Suspension" +\& +.LP +Any license issued for tattoo or body piercing may be revoked or +suspended by the city after notice and hearing upon not less than ten +days\[aq] notice, by certified mail to the last-known address of the +licensee, or personal service on the licensee. +Such notice shall be calculated from the date of mailing or in the case +of personal service, from the date of service upon the license. +A license or permit issued under this article may be revoked or +suspended by the license or permit division, for good cause, or in any +case where any of the provisions of this chapter are violated or where +any employee of the manager licensee, including an operator, is engaged +in any conduct which violates any of the state or local laws or +ordinances at the licensee\[aq]s place of business and the manager +licensee has actual or constructive knowledge by due diligence, or upon +a finding by the county health department, that such business is being +managed, conducted or maintained without regard to proper sanitation and +hygiene. +.PP +(Code 1999, § 9-1610; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal" -A "\c" \ + -- "Sec 9-1420 Appeal" +\& +.IP " 1." 4 +Any applicant or licensee whose license has been denied, revoked or +suspended shall have the right to appeal the decision of the licensing +officer to the city council. +The city council shall have the power to sustain, reverse or modify the +decision of the licensing officer. +.IP " 2." 4 +Any person appealing a decision of the licensing officer shall give +written notice of appeal to the city clerk not more than ten days, +exclusive of Saturdays, Sundays and city holidays, after the date of the +decision of the licensing officer. +Such notice shall set forth the reason for the appeal and the specific +points on which the licensing officer allegedly erred. +.IP " 3." 4 +An appeal shall stay any decision of the licensing officer which would +require the discontinuance of an existing licensed activity. +.IP " 4." 4 +A hearing before the city council shall be scheduled within 30 days from +the date the notice of appeal is filed. +Notice of such hearing shall be mailed to the person appealing and all +other interested parties of record, not less than five days prior to +such hearing. +.LP +(Code 1999, § 9-1611; Ord. +No. +555(06), 9-18-2006) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS" -A "\c" \ + -- "CHAPTER 9-15 HOME OCCUPATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent" -A "\c" \ + -- "Sec 9-1501 Purpose And Intent" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations" -A "\c" \ + -- "Sec 9-1502 Home Occupations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions" -A "\c" \ + -- "Sec 9-1503 Applicability And Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards" -A "\c" \ + -- "Sec 9-1504 Action Regarding Complaints And Violation Of Standards" +\& +.br +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ + -- "970(21)" +\& on 6/7/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent" -A "\c" \ + -- "Sec 9-1501 Purpose And Intent" +\& +.LP +The City Council hereby finds that there is a need to permit residents +of the community a broad choice in the use of their homes as a place of +livelihood and for the production or supplementing of personal and +family income. +It is the intent of the city council to: +.IP " 1." 4 +Protect residential areas from potential adverse impact of activities +defined as home occupations. +.IP " 2." 4 +Establish measurable and comprehensive criteria and standards for the +use of residential structures for home occupations. +.IP " 3." 4 +Protect the public interest by enabling certain business activities to +be conducted from within residential properties subject to limitations +that will protect residential neighborhoods from the potential impacts +of such business activities. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ + -- "970(21)" +\& on 6/7/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations" -A "\c" \ + -- "Sec 9-1502 Home Occupations" +\& +.LP +A home occupation is any occupation or profession carried on in a +residence which is clearly incidental and secondary to the residential +use of the premises. +Residents of a dwelling unit may conduct home occupations as accessory +activities, provided the residents observe the following standards: +.br +.IP " 1." 5 +Home occupations shall exhibit no evidence that a business is being +conducted from the premises. +A home occupation shall not permit: +.RS 5 +.IP " 1." 4 +Outside volunteers or employees to be engaged in the business activity +other than the persons principally residing on the premises; +.IP " 2." 4 +Exterior signage which identifies the property as a business location. +.RE +.IP " 2." 5 +The total area devoted to all home occupation(s) shall not exceed 10 +percent of the gross floor area of the dwelling or housekeeping unit. +Areas within attached private garages and accessory storage buildings +shall not be considered part of the dwelling unit for purposes of +calculating allowable home occupation area but may be used for indoor +storage of goods associated with the home occupation, as well as for the +home occupation itself. +.IP " 3." 5 +All on-site activities of the home occupation(s) shall be conducted +indoors; no outside storage is allowed. +.IP " 4." 5 +The following activities are examples of permitted home occupations: +.RS 5 +.IP " 1." 5 +Dressmaking, seamstresses, tailors; +.IP " 2." 5 +Artists and sculptors; +.IP " 3." 5 +Resident owned and operated beauty and/or barbershops (limited to one +chair); +.IP " 4." 5 +Tutoring limited to two students at a time; +.IP " 5." 5 +Home crafts, such as model making, rug weaving, and lapidary work; +.IP " 6." 5 +Office facility of a minister, rabbi, or priest; +.IP " 7." 5 +Office facility of a salesman, sales representative or manufacture\[aq]s +representative; +.IP " 8." 5 +Office facility of a professional; +.IP " 9." 5 +Repair shop for small (less than 1.5 cubic feet) household items; +.IP " 10." 5 +Telephone answering or soliciting; +.IP " 11." 5 +Computer programming and small scale repair; +.IP " 12." 5 +Home cooking and preserving; +.IP " 13." 5 +Music and arts instruction (limited to two students at a time); +.IP " 14." 5 +Massage therapist; +.IP " 15." 5 +Typing/word processing service; +.IP " 16." 5 +Personal training (no more than two persons in a group); and +.IP " 17." 5 +Pet grooming (limited to two pets at a time). +.br +.br +Additional uses may be allowed which meet the intent of this chapter, if +not specifically prohibited by subsection E below. +.RE +.IP " 5." 5 +The following activities shall be prohibited as home occupations: +.RS 5 +.IP " 1." 5 +Repair, building or servicing of vehicles; +.IP " 2." 5 +Antique shop; +.IP " 3." 5 +Gift shop; +.IP " 4." 5 +Veterinary clinic or hospital; +.IP " 5." 5 +Painting of vehicles, trailers or boats; +.IP " 6." 5 +Large appliance repair (including stoves, refrigerators, washers and +dryers); +.IP " 7." 5 +Upholstering; +.IP " 8." 5 +Cabinet and woodworking shops; +.IP " 9." 5 +Machine and sheet metal shops; +.IP " 10." 5 +Martial arts or dance/aerobics studio; +.IP " 11." 5 +Small engine repair and any use which may include hazardous chemicals; +.IP " 12." 5 +Dispensing of medical drugs or other items which may be potentially +hazardous to the surrounding area; +.IP " 13." 5 +Parking and storage of heavy equipment; +.IP " 14." 5 +Storage and/or distribution for use on other properties of building +materials, toxic or flammable materials, fertilizer, and spray painting +or spray finishing operations that involve toxic or flammable materials +which, in the judgement of the Fire Marshal, pose a dangerous risk to +the residence, its occupants, and/or surrounding properties; +.IP " 15." 5 +Retail sales; +.IP " 16." 5 +Mortuaries; +.IP " 17." 5 +Dancing studios, exercise studios; +.IP " 18." 5 +Private clubs; +.IP " 19." 5 +Restaurants; and +.IP " 20." 5 +Medical marijuana sales, production, and collective gardens. +.RE +.IP " 6." 5 +Sales shall be limited to mail order and telephone sales, with off-site +delivery. +No on-site retail sales are permitted. +.IP " 7." 5 +Services to patrons shall be arranged by appointment or provided off +site. +.IP " 8." 5 +The home occupation(s) shall not use electrical or mechanical equipment +that results in: +.RS 5 +.IP " 1." 4 +A change to the fire rating of the structure(s) used for the home +occupation(s); +.IP " 2." 4 +Visual or audible interference in radio or television receivers, or +electronic equipment located off premises; or +.IP " 3." 4 +Fluctuations in line voltage off premises. +.RE +.IP " 9." 5 +There shall be no offensive noise, vibration, smoke, dust, odors, heat, +light or glare noticeable at or beyond the property line resulting from +the operation. +.IP " 10." 5 +The home occupation shall not pave any additional area beyond the normal +paved area of a driveway for the purpose of accommodating additional off +street parking. +.IP " 11." 5 +No business involving the pickup or delivery of good or products will be +conducted between the hours of 7:00 pm and 7:00 am. +.IP " 12." 5 +The home occupation shall not include the remodeling of the exterior of +the dwelling or the accessory structure that changes the residential +character. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ + -- "970(21)" +\& on 6/7/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions" -A "\c" \ + -- "Sec 9-1503 Applicability And Exemptions" +\& +.IP " 1." 4 +No person shall carry on a home occupation, or permit such use to occur +on property which that person owns or is in lawful control of, contrary +to the provisions of this chapter. +.IP " 2." 4 +Home occupation regulations shall not apply to: +.RS 4 +.IP " 1." 4 +Conducting of occasional \[dq]host\[dq] parties where goods, such as +cosmetic supplies, are sampled or displayed; +.IP " 2." 4 +Paperwork and similar activities performed by residents, who may have a +primary office elsewhere and when no additional traffic is generated; +.IP " 3." 4 +Services or activities that are not performed at the residence, such as +newspaper delivery, and babysitting; +.IP " 4." 4 +Garage sales, subject to the requirements of the City of Moore; +.IP " 5." 4 +Hobbies that do not result in payment to those engaged in such activity; +and +.RE +.IP " 3." 4 +A maximum of one home occupation may be conducted on a property. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ + -- "970(21)" +\& on 6/7/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards" -A "\c" \ + -- "Sec 9-1504 Action Regarding Complaints And Violation Of Standards" +\& +.IP " 1." 4 +Complaints. +The City of Moore or the public may originate complaints. +Complaints from the public shall clearly state the objection to the home +occupation, such as but not limited to: +.RS 4 +.IP " 1." 4 +Generation of excessive traffic; +.IP " 2." 4 +Exclusive use of on-street parking spaces; or +.IP " 3." 4 +Other offensive activities not compatible with a residential +neighborhood. +.RE +.IP " 2." 4 +Review of Complaints. +The community development director, and/or his/her designee, shall +review written complaints. +The community development director and/or his/her designee shall notify +the operator in writing of the complaints and the operator shall have 10 +days to provide a written response to the complaints. +Within 10 days of the filing of the written response of the operator, +the director shall either approve the use as it exists, order the home +occupation to cease, or compel measures to be taken to ensure +compatibility with the neighborhood and conformance with this chapter +and provide written notice to the operator of the director\[aq]s +decision. +.IP " 3." 4 +Cessation of Home Occupation Pending Review. +If it is determined by the community development director, and/or +his/her designee, in the exercise of reasonable discretion, that the +home occupation is question will affect public health and safety, the +use may be ordered to cease, pending city council review and/or +exhaustion of all appeals. +.IP " 4." 4 +City Council Review. +The City Council shall either approve the use as it exists, compel +suitable restrictions and conditions to ensure compatibility with the +neighborhood, or order the cessation of the Home Occupation. +.IP " 5." 4 +Penalty. +If a personal violates subsection (C) or (D) of this section after the +community development director or City Council has ordered the +occupation to cease, it shall be considered an offence punishable as +provided in section 1-108 and 1-109. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ + -- "970(21)" +\& on 6/7/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_10_OFFENSES_AND_CRIMES" -A "\c" \ + -- "PART 10 OFFENSES AND CRIMES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 10-1 GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS" -A "\c" \ + -- "CHAPTER 10-2 OFFENSES AGAINST PERSONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY" -A "\c" \ + -- "CHAPTER 10-3 OFFENSES AGAINST PROPERTY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE" -A "\c" \ + -- "CHAPTER 10-4 OFFENSES AGAINST PUBLIC PEACE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC" -A "\c" \ + -- "CHAPTER 10-5 OFFENSES AGAINST THE PUBLIC" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY" -A "\c" \ + -- "CHAPTER 10-6 OFFENSES AGAINST PUBLIC AUTHORITY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES" -A "\c" \ + -- "CHAPTER 10-7 GANG-RELATED ACTIVITIES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES" -A "\c" \ + -- "CHAPTER 10-8 JUVENILE OFFENSES" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 10-1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense" -A "\c" \ + -- "Sec 10-101 Attempts To Commit An Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense" -A "\c" \ + -- "Sec 10-102 Aiding In An Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined" -A "\c" \ + -- "Sec 10-103 \[dq]Offense\[dq] Defined" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined" -A "\c" \ + -- "Sec 10-104 \[dq]Violation\[dq] Defined" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense" -A "\c" \ + -- "Sec 10-105 Penalty Not To Excuse Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense" -A "\c" \ + -- "Sec 10-106 Capacity To Commit Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense" -A "\c" \ + -- "Sec 10-107 Intoxication, No Defense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination" -A "\c" \ + -- "Sec 10-108 Witness, Self-Incrimination" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances" -A "\c" \ + -- "Sec 10-109 Nuisances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy" -A "\c" \ + -- "Sec 10-110 Conspiracy" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions" -A "\c" \ + -- "Sec 10-111 Limitations Of Actions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force" -A "\c" \ + -- "Sec 10-112 Lawful Use Of Force" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense" -A "\c" \ + -- "Sec 10-101 Attempts To Commit An Offense" +\& +.LP +Every person who attempts to commit an offense against the ordinances of +the city, and in such attempt does any act toward the commission of such +offense, but fails or is prevented or intercepted in the perpetration +thereof, is guilty of an offense, and shall be punished in the manner +prescribed for the attempted offense itself. +.PP +(Prior Code, § 16-1; Code 1999, § 10-101) +.PP +\f[B]State Law reference\f[R]\[em] Attempts to commit crimes, 21 O.S. +§ 41 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense" -A "\c" \ + -- "Sec 10-102 Aiding In An Offense" +\& +.LP +When no punishment for counseling or aiding in the commission of a +particular offense is expressly prescribed by ordinance, every person +who counsels or aids another in the commission of such is guilty of an +offense, or misdemeanor, and punishable in the same manner as the +principal offender. +.PP +(Prior Code, § 16-2; Code 1999, § 10-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined" -A "\c" \ + -- "Sec 10-103 \[dq]Offense\[dq] Defined" +\& +.LP +The term \[dq]offense,\[dq] whenever used in this Code or in any part, +chapter, article or ordinance of the city, means the unlawful act of +doing, or failing to do, some particular act or thing construed therein +to be detrimental to the general welfare, morals, peace, health or +safety of the inhabitants of the city. +.PP +(Code 1999, § 10-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined" -A "\c" \ + -- "Sec 10-104 \[dq]Violation\[dq] Defined" +\& +.LP +The doing of any of the acts or things prohibited, or failing to do any +of the acts or things commanded to be done, as more fully specified and +set forth by any provision of this Code or any part, chapter or article +hereof, or future ordinances of the city, is hereby declared to be an +offense against the good order, public peace, morals, health, proper +government and welfare of the city and unlawful. +.PP +(Code 1999, § 10-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense" -A "\c" \ + -- "Sec 10-105 Penalty Not To Excuse Offense" +\& +.LP +The imposition of one penalty for an offense shall not excuse it or +permit it to continue, nor prevent the imposition of further penalties, +should the offenses be continued or permitted to continue. +.PP +(Code 1999, § 10-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense" -A "\c" \ + -- "Sec 10-106 Capacity To Commit Offense" +\& +.LP +All persons are capable of committing an offense as herein provided, +except those belonging to the classes following: +.IP " 1." 4 +Children under the age of seven years; +.IP " 2." 4 +Children over the age of seven years, but under the age of 14 years, in +the absence of proof that at the time of committing the act or neglect +charged against them they knew its wrongfulness; +.IP " 3." 4 +Persons who are impaired by reason of mental retardation upon proof that +at the time of committing the act charged against them they were +incapable of knowing its wrongfulness; +.IP " 4." 4 +Mentally ill persons, and all persons of unsound mind, including persons +temporarily or partially deprived of reason, upon proof that at the time +of committing the act charged against them they were incapable of +knowing its wrongfulness; +.IP " 5." 4 +Persons who committed the act, or made the omission charged, under an +ignorance or mistake of fact which disproves any criminal intent. +But ignorance of the law does not excuse from punishment for its +violation; +.IP " 6." 4 +Persons who committed the act charged without being conscious thereof; +and +.IP " 7." 4 +Persons who committed the act, or made the omission charged, while under +involuntary subjection to the power of superiors. +.LP +(Code 1999, § 10-106) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 152. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense" -A "\c" \ + -- "Sec 10-107 Intoxication, No Defense" +\& +.LP +No act committed by any person while in a state of intoxication, whether +from liquor or drugs, shall be deemed less an offense by reason of his +being in such condition. +.PP +(Code 1999, § 10-107) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 153. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination" -A "\c" \ + -- "Sec 10-108 Witness, Self-Incrimination" +\& +.LP +No person otherwise competent as a witness shall be incapacitated, +excused or disqualified from testifying concerning the offense mentioned +in any section, division, article, chapter or part of this Code, or any +ordinances hereafter enacted on the ground that his testimony might +incriminate him, but the testimony which may be given by such witness +shall in no case be used against him. +.PP +(Code 1999, § 10-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances" -A "\c" \ + -- "Sec 10-109 Nuisances" +\& +.LP +It is unlawful and an offense for any person to permit, maintain, aid, +abet, or sanction a nuisance on or about any premises owned by him or +under his control at any place within the corporate limits of the city. +.PP +(Code 1999, § 10-109) +.PP +\f[B]State Law reference\f[R]\[em] Nuisances, 21 O.S. +§ 1 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy" -A "\c" \ + -- "Sec 10-110 Conspiracy" +\& +.LP +Any two or more persons assembled or who shall assemble with the intent +to mutually agree to do any unlawful act with force or violence and +shall make any movement therefor against the property of the city or the +person or property of another person shall be guilty of an offense. +.PP +(Code 1999, § 10-110) +.PP +\f[B]State Law reference\f[R]\[em] Conspiracy, 21 O.S. +§ 421 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions" -A "\c" \ + -- "Sec 10-111 Limitations Of Actions" +\& +.LP +The time within which a charge may be filed under the provisions of this +chapter shall be one year from the date of the commission or omission or +in cases involving fraud, deception or deceit, one year from the +discovery of the fraud, deception or deceit, unless otherwise provided +by the statutes of the state. +.PP +(Code 1999, § 10-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force" -A "\c" \ + -- "Sec 10-112 Lawful Use Of Force" +\& +.IP " 1." 4 +To use or to attempt to offer to use force upon or toward the person of +another is not unlawful in the city in the following cases: +.RS 4 +.IP " 1." 4 +When necessarily committed by a public officer in the performance of any +legal duty, or by any other person assisting him or acting by his +direction; +.IP " 2." 4 +When necessarily committed by any person in arresting one who has +committed any felony, and delivering him to a public officer competent +to receive him in custody; +.IP " 3." 4 +When committed either by the party about to be injured, or by any other +person in his aid or defense, in preventing or attempting to prevent an +offense against his person, or any trespass or other unlawful +interference with real or personal property in his lawful possession, +provided the force used is not more than sufficient to prevent such +offense, and that the same shall be necessary for the self-defense of +his person or property; +.IP " 4." 4 +When committed by a parent or authorized agent of any parent, or by any +guardian, master or teacher, in the exercise of a lawful authority to +restrain or correct his child, ward, apprentice or scholar, provided +restraint or correction has been rendered necessary by the misconduct of +such child, ward, apprentice or scholar, or by his refusal to obey the +lawful command of such parent or authorized agent or guardian, master or +teacher, and the force used is reasonable in manner and moderate in +degree; +.IP " 5." 4 +When committed by a carrier of passengers, or the authorized agents or +servants of such carrier, or by any person assisting them at their +request, in expelling from any carriage, interurban car, vessel or other +vehicle, any passenger who refuses to obey a lawful and reasonable +regulation prescribed for the conduct of passengers, if such vehicle has +first been stopped and the force used is not more than is sufficient to +expel the offending passenger, with a reasonable regard to his personal +safety; +.IP " 6." 4 +When committed by any person in preventing an idiot, lunatic, insane +person or other person of unsound mind, including persons temporarily or +partially deprived of reason, from committing an act dangerous to +himself or to another, or enforcing such restraint as is necessary for +the protection of his person or for his restoration to health, during +such period only as shall be necessary to obtain legal authority for the +restraint or custody of such person; +.IP " 7." 4 +In preventing or interrupting an intrusion upon the lawful possession of +property; and +.IP " 8." 4 +To preserve the peace or prevent the commission of an offense. +.RE +.IP " 2." 4 +Where force is permitted to effect a lawful purpose only that degree of +force necessary to effect such purpose shall be used. +.LP +(Code 1999, § 10-112) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 643. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS" -A "\c" \ + -- "CHAPTER 10-2 OFFENSES AGAINST PERSONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery" -A "\c" \ + -- "Sec 10-201 Assault And Battery" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined" -A "\c" \ + -- "Sec 10-202 \[dq]Assault\[dq] Defined" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined" -A "\c" \ + -- "Sec 10-203 \[dq]Battery\[dq] Defined" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct" -A "\c" \ + -- "Sec 10-204 Reckless Conduct" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery" -A "\c" \ + -- "Sec 10-201 Assault And Battery" +\& +.LP +No person shall commit an assault or battery, or both, upon the person +of another. +.PP +(Prior Code, § 16-76; Code 1999, § 10-201) +.PP +\f[B]State Law reference\f[R]\[em] Assault and battery generally, 21 +O.S. +§ 641 et seq.; city\[aq]s power to prevent, 11 O.S. +§ 22-110. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined" -A "\c" \ + -- "Sec 10-202 \[dq]Assault\[dq] Defined" +\& +.LP +An assault is any willful and unlawful attempt or offer with force or +violence to do corporal hurt to another. +.PP +(Prior Code, § 16-76; Code 1999, § 10-202) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 641. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined" -A "\c" \ + -- "Sec 10-203 \[dq]Battery\[dq] Defined" +\& +.LP +A battery is any willful and unlawful use of force or violence upon the +person of another. +.PP +(Prior Code, § 16-76; Code 1999, § 10-203) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 642. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct" -A "\c" \ + -- "Sec 10-204 Reckless Conduct" +\& +.IP " 1." 4 +Reckless conduct, as used in this section, consists of an act which +creates a situation of unreasonable risk and probability of death or +great bodily harm to another and which demonstrates a conscious +disregard for the safety of another. +.IP " 2." 4 +It is unlawful for any person to endanger another\[aq]s safety by +reckless conduct in the operation or handling of any weapon or +instrument, including a pistol, revolver or other firearm. +.LP +(Prior Code, § 16-77; Code 1999, § 10-204) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1289.11. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY" -A "\c" \ + -- "CHAPTER 10-3 OFFENSES AGAINST PROPERTY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property" -A "\c" \ + -- "Sec 10-301 Petit Larceny, And Larceny Of Lost Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense" -A "\c" \ + -- "Sec 10-302 Larceny By False Pretense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys" -A "\c" \ + -- "Sec 10-303 Altering Keys" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property" -A "\c" \ + -- "Sec 10-304 Possession Of Stolen Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception" -A "\c" \ + -- "Sec 10-305 Defrauding Public Accommodations; Proof; Exception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain" -A "\c" \ + -- "Sec 10-306 Concealing Unpurchased Merchandise, Merchant\[aq]s Authority To Detain" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance" -A "\c" \ + -- "Sec 10-307 Failure To Pay Fare For Public Conveyance" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks" -A "\c" \ + -- "Sec 10-308 False Or Bogus Checks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception" -A "\c" \ + -- "Sec 10-309 Harmful Deception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property" -A "\c" \ + -- "Sec 10-310 Defacing Building, Damaging Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property" -A "\c" \ + -- "Sec 10-311 Removing Or Breaking Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property" -A "\c" \ + -- "Sec 10-312 Damaging Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction" -A "\c" \ + -- "Sec 10-313 Public Works Under Construction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle" -A "\c" \ + -- "Sec 10-314 Damaging Or Tampering With Motor Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities" -A "\c" \ + -- "Sec 10-315 Tampering With Or Damaging Of Utilities" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery" -A "\c" \ + -- "Sec 10-316 Destroying Trees And Shrubbery" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting" -A "\c" \ + -- "Sec 10-317 Trespassing Prohibited, Notice, Soliciting" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours" -A "\c" \ + -- "Sec 10-318 Congregating, Parking On-Premises After Hours" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land" -A "\c" \ + -- "Sec 10-319 Unlawful Intrusion On Land" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property" -A "\c" \ + -- "Sec 10-320 Throwing Or Shooting At Persons Or Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited" -A "\c" \ + -- "Sec 10-321 Throwing Out Lighted Substances Or Debris Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful" -A "\c" \ + -- "Sec 10-322 Littering, Deposits Unlawful" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another" -A "\c" \ + -- "Sec 10-323 Posting Advertising, Other Matter On Building Of Another" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ + -- "Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or Over Streets And Sidewalks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights" -A "\c" \ + -- "Sec 10-325 False Weights" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited" -A "\c" \ + -- "Sec 10-326 Electric Fences Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container" -A "\c" \ + -- "Sec 10-327 Unlawful Use Of Another\[aq]s Garbage Or Refuse Container" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions" -A "\c" \ + -- "Sec 10-328 Fireworks Prohibited; Exceptions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property" -A "\c" \ + -- "Sec 10-301 Petit Larceny, And Larceny Of Lost Property" +\& +.IP " 1." 4 +No person shall steal, take and carry away by fraud or stealth, with +intent to deprive another thereof, any personal property under the value +of $1,000.00 or such other amount constituting a misdemeanor under +statute or embezzle any money, personal property or effects of another +under the value of $1,000.00 or less or such other amount constituting a +misdemeanor under statute. +This subsection does not apply to taking property from the person of +another. +.IP " 2." 4 +One who finds lost property of the value of $1,000.00 or less or such +other amount constituting a misdemeanor under statute, under +circumstances which gives him knowledge or means of inquiry as to the +true owner, and who appropriates such property to his own use, or to the +use of another person who is not entitled thereto, without having first +made such effort as the circumstances render reasonable and just to find +the owner and restore the property to him, is guilty of a petit larceny. +.LP +(Prior Code, §§ 16-91, 16-93; Code 1999, § 10-301) +.PP +\f[B]State Law reference\f[R]\[em] Larceny, 21 O.S. +§ 1701 et seq.; embezzlement, 21 O.S. +§ 1451 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324940_Ordinance%20No.%20778%20(14).pdf" -A "\c" \ + -- "778(14)" +\& on 7/7/2014 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense" -A "\c" \ + -- "Sec 10-302 Larceny By False Pretense" +\& +.LP +No person shall induce, or attempt to induce, any person to give up or +pay over any money or other thing of value which money or value does not +exceed $1,000.00 or less or such other amount constituting a misdemeanor +under statute, by any false representation or pretense, or in exchange +for any false or bogus coin or check, draft or other false evidence of +value, or in consideration of refraining from a lawful or unlawful +arrest or in consideration of refraining from reporting any unlawful act +to any public official. +.PP +(Prior Code, §§ 16-105, 16-107, in part; Code 1999, § 10-302) +.PP +\f[B]State Law reference\f[R]\[em] False pretenses, 21 O.S. +§ 1541.1 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325523_Ordinance%20No.%20791%20(15).pdf" -A "\c" \ + -- "791(15)" +\& on 6/1/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys" -A "\c" \ + -- "Sec 10-303 Altering Keys" +\& +.LP +No person shall make or alter or attempt to make or alter any key or +other instrument that will open the lock of a building unless requested +to do so by some person having the right and authority to make such +request. +.PP +(Code 1999, § 10-303) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property" -A "\c" \ + -- "Sec 10-304 Possession Of Stolen Property" +\& +.LP +No person shall keep in his possession, or dispose of, or conceal any +stolen property, or fail promptly to inform some proper official of the +possession thereof, under circumstances indicating that such property +had been stolen or the possession thereof obtained unlawfully. +This section applies only if the property has a value of less than +$1,000.00 or such greater amount constituting a misdemeanor under state +law. +.PP +(Prior Code, § 16-97; Code 1999, § 10-304) +.PP +\f[B]State Law reference\f[R]\[em] Receiving stolen property, 21 O.S. +§ 1713. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception" -A "\c" \ + -- "Sec 10-305 Defrauding Public Accommodations; Proof; Exception" +\& +.IP " 1." 4 +No person shall obtain food, lodging or other accommodation in any +hotel, motel, inn, boardinghouse, eatinghouse or roominghouse or place, +or any other lodging place, with the intent to defraud the owner or +keeper. +.IP " 2." 4 +Proof that lodging, food and other accommodations were obtained by false +pretense or fictitious show of any package or other property or that the +person gave a check or negotiable paper on which payment was refused or +that the person left the hotel, motel, inn, boardinghouse, eatinghouse +or roominghouse or place, or other lodging place, without paying or +offering to pay for the food, lodging or other accommodation or that the +person surreptitiously removed or attempted to remove the package or +property, or that the person registered under a fictitious name shall be +prima facie proof of attempt to defraud. +.IP " 3." 4 +No person shall refuse to pay the legal fare of any of the vehicles +mentioned in this section after having hired the same, and no person +shall hire any vehicle with intent to defraud the person from whom it is +hired of the value of such service. +.IP " 4." 4 +This section shall not apply where there has been an agreement in +writing for delay in payment. +This section applies only if the property does not exceed a value of +less than $1,000.00 or such greater amount constituting a misdemeanor +under state law. +.LP +(Prior Code, § 16-105; Code 1999, § 10-305) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1503. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain" -A "\c" \ + -- "Sec 10-306 Concealing Unpurchased Merchandise, Merchant\[aq]s Authority To Detain" +\& +.LP +Any person concealing unpurchased merchandise of any establishment, +either on the premises or outside the premises of the establishment, +shall be presumed to have so concealed the merchandise with the +intention of committing a wrongful taking of such merchandise. +Such concealment or the finding of such unpurchased merchandise +concealed upon the person or among the belongings of such person shall +be conclusive evidence of reasonable grounds and probable cause for the +detention in a reasonable manner and for a reasonable length of time of +such person by a merchant, his agent or employee; any such reasonable +detention shall not be deemed to be unlawful nor render any such +merchant, his agent or employee, criminally or civilly liable. +.PP +(Prior Code, § 16-96; Code 1999, § 10-306) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance" -A "\c" \ + -- "Sec 10-307 Failure To Pay Fare For Public Conveyance" +\& +.LP +No person shall use or accept the use and services of any street car, +taxi cab, omnibus, automobile or any other means of public conveyance or +passengers, operating under the Code, ordinance, franchise, permit or +license of the city or state, and refuse or fail to pay to the operator +of the conveyance the usual, customary, regulation or legal charge, or +price as fare immediately upon the performance of the service. +.PP +(Code 1999, § 10-307; Ord. +No. +518, 4-2-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks" -A "\c" \ + -- "Sec 10-308 False Or Bogus Checks" +\& +.LP +It is unlawful for any person, with intent to cheat and defraud, to +obtain or attempt to obtain from any person any money, property or +valuable thing of a value less than $1,000.00 or such greater amount +constituting a misdemeanor under state law by means of any false or +bogus check or by any other written or printed or engraved instrument or +spurious coin. +The term \[dq]false or bogus check\[dq] shall include checks or orders +given for money or property which are not honored on account of +insufficient funds of the maker to pay same, as against the maker or +drawer thereof. +The making, drawing, issuing or delivering of a check, draft or order, +payment of which is refused by the drawee, shall be prima facie evidence +of intent to defraud and the knowledge of insufficient funds in or +credit with such bank or other depository. +Such maker or drawer shall not have paid the drawee the amount due +thereon, together with the protest fees, and the check or order shall be +presented for payment within 30 days after same is delivered and +accepted. +.PP +(Prior Code, §§ 16-92, 16-106, in part; Code 1999, § 10-308; Ord. +No. +683(10), 11-15-2010) +.PP +\f[B]State Law reference\f[R]\[em] Bad checks, 21 O.S. +§ 1541.1 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception" -A "\c" \ + -- "Sec 10-309 Harmful Deception" +\& +.LP +It is unlawful for any person knowingly to deceive another, whether by +impersonation, misrepresentation, or otherwise, when such deception +results in or contributes to the loss, damage, harm or injury of the +person deceived or of a third party, or results in or contributes to the +benefit of the deceiver. +.PP +(Prior Code, § 16-33; Code 1999, § 10-309) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property" -A "\c" \ + -- "Sec 10-310 Defacing Building, Damaging Property" +\& +.IP " 1." 4 +No person shall purposely deface or damage any public or private +building or appurtenances thereof, or any fence, street, bridge, +sidewalk, driveway, street, or public work. +.IP " 2." 4 +No person shall: +.RS 4 +.IP " 1." 4 +Destroy, injure, deface, damage or molest any structure, building, work +or other property, real or personal, belonging to another; +.IP " 2." 4 +Use such property wrongfully to the detriment of the owner or other +person entitled to its use; or +.IP " 3." 4 +Interfere wrongfully with the use of any such property by its owner or +any other person entitled to its use. +.RE +.IP " 3." 4 +This section applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.LP +(Prior Code, § 16-99; Code 1999, § 10-310) +.PP +\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 +O.S. +§ 1760. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property" -A "\c" \ + -- "Sec 10-311 Removing Or Breaking Private Property" +\& +.LP +No person shall willfully, unlawfully or maliciously take and carry or +cause to be taken and carried away any part of a house, barn, fence, +gate or other structure, or maliciously break, tear down or destroy any +part of a house, barn or other structure not his own. +This section applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.PP +(Code 1999, § 10-311) +.PP +\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 +O.S. +§ 1760. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property" -A "\c" \ + -- "Sec 10-312 Damaging Private Property" +\& +.LP +No person shall willfully and wantonly damage or destroy the personal +property of another. +This section applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.PP +(Code 1999, § 10-312) +.PP +\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 +O.S. +§ 1760. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction" -A "\c" \ + -- "Sec 10-313 Public Works Under Construction" +\& +.IP " 1." 4 +Any person who removes, destroys, disturbs, or in any manner injures any +grade stake, stone or other mark or monument set by or under authority +of the city to designate or mark grades, lines, corners or bench marks +on any public work in the city prior to the completion and acceptance of +the contract for which such stakes or monuments are set, without lawful +authority, is guilty of an offense. +.IP " 2." 4 +Any contractor or other person constructing any public work in the city +shall protect such work by barriers or obstructions. +It is unlawful for any person to cross the barriers or to remove them +until the work has been completed and opened by authority of the city. +.LP +(Code 1999, § 10-313) +.PP +\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 +O.S. +§ 1760. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle" -A "\c" \ + -- "Sec 10-314 Damaging Or Tampering With Motor Vehicle" +\& +.IP " 1." 4 +No person, other than a peace officer in the performance of his official +duties, shall, with intent and without right to do so, injure or tamper +with any vehicle or in any other manner damage any part or portion of +the vehicle or any accessories, appurtenances or attachments thereto. +This subsection applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.IP " 2." 4 +No person, other than a peace officer in the performance of his official +duties, shall, without right to do so and with intent to commit a crime, +climb into or upon a vehicle, whether it is in motion or at rest, +attempt to manipulate any of the levers, starting mechanism, brakes or +other mechanism or device of the vehicle while the vehicle is at rest +and unattended, or set in motion any vehicle while the vehicle is at +rest and unattended. +.LP +(Prior Code, § 16-98; Code 1999, § 10-314) +.PP +\f[B]State Law reference\f[R]\[em] Damaging motor vehicles, 21 O.S. +§§ 1787, 1788. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities" -A "\c" \ + -- "Sec 10-315 Tampering With Or Damaging Of Utilities" +\& +.IP " 1." 4 +No person shall alter, remove, tamper with, molest, damage or injure any +wires, cable, appurtenance, structure, pipes or equipment of any utility +of the city, or any public utility, or connect or tamper with the wires, +cables or pipes of any electric, water, sewer, cable television or gas +utility or of the city without consent of the utility or city having +been first obtained. +This subsection applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.IP " 2." 4 +It is unlawful to open up any manhole or opening to a sewer unless +authorized by the city, or to leave a manhole or other opening so opened +without replacing the fixture or appliances thereto in their proper +place and position. +.IP " 3." 4 +No person except a member of the fire department or a person acting on +lawful order or permit issued by the city shall open or use water from +any fire hydrant or take off the caps or damage the same. +No person may block the approach or access to a fire hydrant or attach, +fasten, stand or brace anything against or on the hydrant. +.IP " 4." 4 +No person shall in any manner whatsoever: +.RS 4 +.IP " 1." 4 +Cut into, attach to or intercept the wires, cables or pipes of any +electric, water, cable television or gas utility or of the city for the +purpose of fraudulently taking therefrom electric current, water, +transmissions or gas; +.IP " 2." 4 +Cut into, attach to or intercept the wires, cables or pipes for the +purpose of conducting around any meter electric current, water or gas in +order to prevent the current, water or gas from being measured by the +meter, or in such other manner so as to consume or use the utility or +cable service so as to evade payment therefor, with the unlawful intent +to defraud the company or city out of the value of the service; or +.IP " 3." 4 +By any device or manipulation whatsoever to cause current, +transmissions, water or gas used upon any premises to be fraudulently +conveyed upon any premises for the purposes of use thereof, and with the +intent to defraud and cheat the utility or city from payment thereof. +.RE +.IP " 5." 4 +Each day that any person maintains any such fraudulent connection with +any wires, cables or pipes, or fraudulently takes from any such wires, +cables or pipes either electric current, transmissions, water or gas +shall constitute a separate offense. +.LP +(Prior Code, § 16-102; Code 1999, § 10-315) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery" -A "\c" \ + -- "Sec 10-316 Destroying Trees And Shrubbery" +\& +.IP " 1." 4 +No person shall willfully, maliciously and without lawful authority cut +down, root up, sever, injure or destroy any fruit tree, shade or +ornamental tree, cultivated root or plant, grape or strawberry vine, +shrub or plant whatever standing on or attached to the land of another, +or pick, destroy, carry away therefrom, or in any way interfere +therewith, any of the fruit thereof. +.IP " 2." 4 +No person shall willfully or without lawful authority cut down, destroy, +root up or in any manner injure any fruit, shade or ornamental tree, +shrub or vine planted or growing on any street, land, avenue, alley or +other public ground of the city. +.IP " 3." 4 +This section applies only if the loss is less than $1,000.00 or such +greater amount constituting a misdemeanor under state law. +.LP +(Code 1999, § 10-316) +.PP +\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 +O.S. +§ 1760. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting" -A "\c" \ + -- "Sec 10-317 Trespassing Prohibited, Notice, Soliciting" +\& +.IP " 1." 4 +It is unlawful and an offense for any person to commit a trespass within +the city upon either public or private property. +.IP " 2." 4 +Trespass shall include each and every actual entry upon the premises of +an owner or other person in lawful possession of the premises without +the express consent of the owner or other person in lawful possession. +Trespass shall also mean remaining upon the premises of an owner or +other person in lawful possession after having been told to leave the +premises by the owner, or the agent, or employee of the owner or other +person in lawful possession of the premises. +Trespass shall also mean the act of entering upon or remaining on +private property when such is plainly forbidden by signs, markings, or +otherwise, by verbal command of the owner, his agent, or employee, of +after having been directed to do so by a police officer, although this +sentence shall not apply to persons, including employees, whose presence +upon the premises is authorized by the owner or by a person in lawful +possession of such premises. +Trespass shall also include the act of returning to private property +after having been directed to vacate the premises by the owner, his +agent, employee or police officer under the terms of this section. +.IP " 3." 4 +Any of the following acts by any person shall be deemed a violation of +this section: +.RS 4 +.IP " 1." 5 +The doing of an injury or misfeasance to the person of another; +.IP " 2." 5 +The doing of any injury or misfeasance to the property of another when +done with force and violence, either actual or implied; +.IP " 3." 5 +Each and every actual entry upon the premises of another owner or person +in possession of real property, whether the property is public or +private, without the owner\[aq]s or occupant\[aq]s consent, express or +implied; +.IP " 4." 5 +An entry upon the premises, or any part thereof, of another in violation +of a notice exhibited thereon prohibiting entry at specified times; +.IP " 5." 5 +An entry upon the premises, or any part thereof, of another in violation +of any notice, warning or protest given orally or in writing by any +owner or other lawful occupant thereof; +.IP " 6." 5 +An entry upon any public property, including parks or parking areas, in +violation of a notice exhibited there prohibiting entry at specified +times; +.IP " 7." 5 +An entry upon any public property in violation of any notice, warning or +protest given orally or in writing by a city official; +.IP " 8." 5 +If on the property of another, or upon public property lawfully, a +failure or refusal to depart in case of being requested to so depart +orally or written, by any owner, lawful occupant, or by a city official; +.IP " 9." 5 +An entry upon any portion of a public park, where the entry involves the +use of any vehicle, equipment or device where such use is specifically +prohibited; +.IP " 10." 5 +An entry of any public building except for the purpose of dispatching +business with the public corporation or consent is obtained from the +city council or other public official which is lawfully authorized to +give consent; or +.IP " 11." 5 +Remaining on public or private property at any time other than during +posted hours of business operation after having been directed to vacate +such premises by a police officer. +The provisions of this subsection shall not apply to persons, including +employees, whose presence upon such premises is authorized by the owner +or by a person in lawful possession of such premises; nor shall the +provisions of this subsection apply unless hours of business operation +are posted upon such premises. +Trespass also includes the act of returning to private property before +the posted time of opening for business operation on the next business +day after having been directed to vacate such premises under the terms +of this subsection. +.RE +.IP " 4." 4 +For purposes of constituting a violation of this section, the exhibited +notice required under subsections (C)(4) through (7) of this section +shall meet the following criteria: +.RS 4 +.IP " 1." 4 +The notice shall be plainly posted in a place conspicuous to those who +would enter the property; +.IP " 2." 4 +The notice shall be legible so as to afford reasonable warning prior to +the commission of a trespass; and +.IP " 3." 4 +If upon property to which the public is invited at least some part of +the day, the notice shall clearly specify the days and times of day +entry is prohibited, and further specify that entry at such times +constitutes a punishable offense under this Code. +.RE +.LP +(Code 1999, § 10-317; Ord. +No. +501, 12-18-1989, in part) +.PP +\f[B]State Law reference\f[R]\[em] Trespass, 21 O.S. +§ 1835 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours" -A "\c" \ + -- "Sec 10-318 Congregating, Parking On-Premises After Hours" +\& +.IP " 1." 4 +No person shall stand, walk, sit, lie, congregate or otherwise occupy or +remain upon the premises of any place or business within the city after +business hours without consent of the lawful owner, occupant, lessee or +employee thereof. +.IP " 2." 4 +No person shall stop, stand, park, leave, or place any motor vehicle, +whether occupied or not, upon any public or private property without the +consent of the owner, occupant, lessee or employee thereof, except where +such property is provided for public parking and the use for such +parking is not restricted by proper notice. +In addition to fine or other punishment for a violation of this +subsection, the vehicle so parked, left or placed shall be subject to +impoundment upon complaint of the property owner or lawful occupant. +The person violating this subsection shall be wholly responsible for +payment of towage and storage charges. +.IP " 3." 4 +No person may be charged under this section unless the premises in +question is posted with a conspicuous sign which states, substantially, +that the premises are posted, and that any person congregating, +occupying or remaining upon the premises or parking or leaving a motor +vehicle thereon is subject to prosecution pursuant to this Code. +.IP " 4." 4 +When used in this section, the term \[dq]after business hours\[dq] shall +mean that the doors of the business which are open to the public during +business hours are closed and locked and that the business is no longer +admitting customers. +The term \[dq]after business hours\[dq] applies to places of business +which are vacant or permanently or temporarily closed or otherwise +unoccupied. +The term \[dq]place of business\[dq] means any private property upon +which a building, house or other structure is used for commercial or +public purposes (e.g., without limitation, restaurants, gas stations, +shopping malls or centers, theaters, convenience stores, grocery stores, +drug stores or pharmacies, recreational facilities, wholesale or retail +sales activities, offices, banks or other financial institutions, +manufacturing, and professional services (medical, legal, accounting, +insurance, consulting)). +.IP " 5." 4 +There is a rebuttable presumption that any person or motor vehicle upon +the premises of a place of business that is properly posted pursuant to +this section after such time as the front door or other such door that +admits members of the public is closed and locked is on the premises of +such business unlawfully under this section; however, this presumption +shall not be applied within 30 minutes of any opening or closing times +posted by such place of business. +This presumption may only be rebutted by proof beyond a reasonable doubt +that any person held by the municipal judge to be subject to this +rebuttable presumption was on the premises in question with permission +of the lawful owner, occupant, lessee or employee thereof. +.IP " 6." 4 +If a motor vehicle is alleged to be unlawfully parked or left under this +section, it shall be rebuttably presumed that the person in whose name +the motor vehicle was last registered was the person who parked or left +the motor vehicle. +.IP " 7." 4 +The parking or leaving of a motor vehicle as set forth herein shall +constitute the offense of unlawful parking or leaving a motor vehicle +after business hours, punishable as provided in section 1-108. +.IP " 8." 4 +If a person violates subsection (A) of this section, it shall constitute +the offense of unlawful presence on property after business hours or +congregating after business hours and is punishable as provided in +section 1-108. +.IP " 9." 4 +The provisions of this section are cumulative of other applicable +offenses enacted in this Code or state law. +.LP +(Code 1999, § 10-318; Ord. +No. +456, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land" -A "\c" \ + -- "Sec 10-319 Unlawful Intrusion On Land" +\& +.IP " 1." 4 +No person shall intrude or remain upon any lot or piece of land, or in +any building within the city without license or authority from the owner +thereof, or erect or occupy thereon any structure whatever without such +license or authority. +.IP " 2." 4 +No person shall place, erect or occupy within the bounds of any street, +alley or avenue of the city any structure whatever unless such person is +granted a license by the city to do so. +.LP +(Code 1999, § 10-319) +.PP +\f[B]State Law reference\f[R]\[em] Trespass, 21 O.S. +§ 1835 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property" -A "\c" \ + -- "Sec 10-320 Throwing Or Shooting At Persons Or Property" +\& +.LP +No person shall throw or shoot any object into or across any street or +alley, or in any place where he is likely to hit another person +wrongfully, or injure property, or to throw any object at any person, +vehicle, structure, or property of another, whether public or private, +except where such is done in defense of oneself or another person or +property. +.PP +(Prior Code, § 16-101; Code 1999, § 10-320) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited" -A "\c" \ + -- "Sec 10-321 Throwing Out Lighted Substances Or Debris Prohibited" +\& +.LP +No person shall throw, drop, deposit or otherwise place in, upon or +within the limits of any street, avenue, public ground, public waterway +or city-owned property or waterway any lighted cigarette, cigar or other +flaming or glowing substances, or any substance or thing which may cause +a fire. +.PP +(Code 1999, § 10-321) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful" -A "\c" \ + -- "Sec 10-322 Littering, Deposits Unlawful" +\& +.LP +It is unlawful to throw, deposit or discharge any item or waste +material, liquid or solid, on any street or public place in the city or +upon the property of another without express authority to do so. +.PP +(Code 1999, § 10-322) +.PP +\f[B]State Law reference\f[R]\[em] Littering, 21 O.S. +§ 1753.3 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another" -A "\c" \ + -- "Sec 10-323 Posting Advertising, Other Matter On Building Of Another" +\& +.IP " 1." 4 +No person shall place upon any building any advertising or other matter +of any kind, nor print or exhibit printing on a building or any part +thereof, in words, signs or characters, except with the express consent +of the owner, lessee or authorized agent of the owner of the building. +.IP " 2." 4 +No person shall place, post, paint, mark, write, print or put any sign, +poster, picture, announcement, writing, device, advertisement or other +marking upon any public or private building, fence, sidewalk, bridge, +post, automobile or vehicle or property of another without the consent +of the owner or person in charge thereof. +.LP +(Prior Code, § 16-100; Code 1999, § 10-323) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ + -- "Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or Over Streets And Sidewalks" +\& +.LP +It is unlawful for any person to place any advertising or other matter +of any kind on any utility pole, or to place any advertising on the +streets or sidewalks of the city or to place any advertising on any +signs or banners stretched over the streets or sidewalks of the city. +Nothing herein shall be construed to prevent any permanently located +commercial or business establishment in the city from erecting and +maintaining business or commercial signs in accordance with the +ordinances of the city, nor to prohibit the granting of permission by +the city to religious, charitable, patriotic or civic bodies to use +banners across the streets of the city in such places as may be +designated by the city manager for the observance of holidays, +charitable drives and the commemoration and celebration of other public +or civic occasions. +.PP +(Code 1999, § 10-324) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights" -A "\c" \ + -- "Sec 10-325 False Weights" +\& +.LP +It is unlawful for any person to sell any commodity or article of +merchandise and in the sale thereof knowingly make or give a false or +short weight therefor or for any person owning or keeping or having in +charge any scale used in weighing any animal, commodity or article to +knowingly and willfully report any false or untrue weight whereby +another person shall be defrauded or damaged. +.PP +(Prior Code, § 16-108; Code 1999, § 10-326) +.PP +\f[B]State Law reference\f[R]\[em] False weights and measures, 21 O.S. +§ 1551 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited" -A "\c" \ + -- "Sec 10-326 Electric Fences Prohibited" +\& +.LP +It is unlawful for any person to erect, install or maintain any +electrically charged fence within the city, except that the building +official may issue a permit for an electrically-charged fence to retain +animals upon proof that the fence will not be hazardous to life, and +upon proof that the electric charge is regulated by a controlling +device. +.PP +(Code 1999, § 10-327; Ord. +No. +520, 5-21-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container" -A "\c" \ + -- "Sec 10-327 Unlawful Use Of Another\[aq]s Garbage Or Refuse Container" +\& +.LP +It is unlawful and an offense for any person to dispose of garbage, +refuse, rubbish or waste into any refuse container, dumpster or other +receptacle for the deposit of same belonging to or leased by another, +whether by rental agreement, lease or agreement with the city or a +public or private trash, garbage or refuse hauling service, without the +permission of the owner, lessee or other person entitled to the +possession or use thereof. +.PP +(Code 1999, § 10-328; Ord. +No. +458, 8-1-1988) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions" -A "\c" \ + -- "Sec 10-328 Fireworks Prohibited; Exceptions" +\& +.IP " 1." 4 +For the purpose of this section, the term \[dq]fireworks\[dq] shall have +the same meaning as in state law, 68 O.S. +§ 1621 et seq. +.IP " 2." 4 +It is unlawful for any person to manufacture, display, possess, use or +sell fireworks within the city except as provided in this section. +.IP " 3." 4 +Pyrotechnic or fireworks displays may be authorized in accordance with +the city fire code when under proper control and the time, place and +manner of the display is permitted by the city. +.LP +(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329) +.PP +\f[B]State Law reference\f[R]\[em] Local regulation of fireworks, 11 +O.S. +§ 22-110. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE" -A "\c" \ + -- "CHAPTER 10-4 OFFENSES AGAINST PUBLIC PEACE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 10-4A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE" -A "\c" \ + -- "ARTICLE 10-4B NOISE" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 10-4A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace" -A "\c" \ + -- "Sec 10-401 Disturbing The Peace" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals" -A "\c" \ + -- "Sec 10-402 Disturbing Funerals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct" -A "\c" \ + -- "Sec 10-403 Disorderly Conduct" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events" -A "\c" \ + -- "Sec 10-404 Parades, Public Assemblies, And Special Events" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited" -A "\c" \ + -- "Sec 10-405 Firearms And Carrying Certain Weapons Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms" -A "\c" \ + -- "Sec 10-406 Begging And Soliciting Alms" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems" -A "\c" \ + -- "Sec 10-407 Lawful Operation Of Unmanned Aircraft Systems" +\& +.br +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace" -A "\c" \ + -- "Sec 10-401 Disturbing The Peace" +\& +.IP " 1." 4 +It is unlawful to disturb or alarm the peace of another or others by +doing any of the acts set out in subsection (B) of this section. +.IP " 2." 4 +Disturbing the peace is the doing of any of the following in such a +manner as would foreseeably alarm or disturb the peace of another or +others: +.RS 4 +.IP " 1." 5 +Using obscene, offensive, abusive, profane, vulgar, threatening, violent +or insulting language or conduct; +.IP " 2." 5 +Appearing in an intoxicated condition; +.IP " 3." 5 +Engaging in a fistic encounter; +.IP " 4." 5 +Lewdly exposing one\[aq]s person, or private parts thereof, in any +public place or in any place where there are present other persons to be +offended or annoyed thereby; +.IP " 5." 5 +Pointing any pistol or any other deadly weapon whether loaded or not at +any other persons either in anger or otherwise; +.IP " 6." 5 +Holding an unlawful assembly of two or more persons, including being +assembled together and acting in concert, to do any unlawful act against +the peace or to the terror of others or preparing for or moving toward +such acts, or otherwise assembling unlawfully or riotously; +.IP " 7." 5 +Interrupting any lawful assembly of people by making noise, by rude, +indecent or improper behavior, by profane, improper or loud language, or +in any other manner, either within the place of assembly or within +hearing distance thereof; +.IP " 8." 5 +Obstructing the free passage of pedestrians or vehicles on a street, +right-of-way or sidewalk, or other public place; +.IP " 9." 5 +Obstructing, molesting or interfering with any person lawfully in a +public place; +.IP " 10." 5 +Making noises that a reasonable person of ordinary sensibilities would +find unnecessarily loud or offensive; +.IP " 11." 5 +Disturbing any congregation or assembly of persons meeting for religious +worship by making noise, by rude, indecent or improper behavior, by +profane, improper or loud language, or in any other manner, either +within the place of worship or within hearing distance thereof; or +.IP " 12." 5 +Committing any other act in such a manner calculated as to unreasonably +disturb, interfere or alarm the public or the comfort and repose of any +person. +.RE +.IP " 3." 4 +Whenever any police officer shall, in the exercise of reasonable +judgment, decide that the presence of any person in any public place is +causing any of the conditions enumerated in subsection (B) of this +section, he may, if he deems it necessary for the preservation of the +public peace and safety, order that person to leave that place; and any +who shall refuse to leave after being ordered to do so by a police +officer shall be guilty of a violation of this section. +.IP " 4." 4 +This section shall not apply to peaceful picketing, public speaking or +other lawful expressions of opinion not in contravention of other laws. +.LP +(Prior Code, §§ 16-57\[em]16-59, 16-61; Code 1999, § 10-401) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals" -A "\c" \ + -- "Sec 10-402 Disturbing Funerals" +\& +.LP +No person shall willfully disturb, interrupt or disquiet any assemblage +of people who have met for the purpose of any funeral, or obstruct or +detain any person engaged in accompanying any funeral to a place of +burial. +.PP +(Code 1999, § 10-402) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct" -A "\c" \ + -- "Sec 10-403 Disorderly Conduct" +\& +.LP +A person shall be guilty of disorderly conduct if, with the intent to +cause public inconvenience, annoyance, alarm or recklessly creating the +risk thereof, he: +.IP " 1." 4 +Acts in a violent or tumultuous manner toward another whereby any person +is placed in fear of safety of his life, limb or health; +.IP " 2." 4 +Acts in a violent or tumultuous manner toward another whereby the +property of any person is placed in danger of being destroyed or +damaged; +.IP " 3." 4 +Endangers the lawful pursuits of another by acts of violence, angry +threats and abusive conduct; +.IP " 4." 4 +Jostles or crowds or pushes any person in any public place; +.IP " 5." 4 +Uses \[dq]fighting words\[dq] directed toward any person and thus +creates a turmoil; +.IP " 6." 4 +Causes, provokes or engages in any fight, brawl or riotous conduct so as +to endanger the life, limb, health or property of another; or +.IP " 7." 4 +By acts of violence, interferes with another\[aq]s pursuit of a lawful +occupation. +.LP +(Code 1999, § 10-403) +.PP +\f[B]State Law reference\f[R]\[em] Disorderly conduct generally, 21 O.S. +§ 1361 et seq.; power of city relating to disorderly conduct, 11 O.S. +§ 22-110. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events" -A "\c" \ + -- "Sec 10-404 Parades, Public Assemblies, And Special Events" +\& +.IP " 1." 4 +As used in this section, the term \[dq]parade\[dq] means any parade, +march, ceremony, show, demonstration, exhibition, pageant or procession +of any kind, or any similar display, in or upon any street, park or +other public place in the city. +.IP " 2." 4 +No person shall use any street, alley, public way, park or other +property owned or controlled by the city, except those places +specifically designed and intended for such use, for the purpose of +holding, conducting, causing or participating in any parade, street +fair, street dance, carnival, assemblage or activity of any nature which +may cause the disturbance or interference of the normal and ordinary use +of the property by other persons, without first having obtained a permit +for such purpose. +The permits may be granted by the city manager under such conditions as +deemed appropriate. +.IP " 3." 4 +Permits shall not be required under this section in the case of +construction or repairs to or within any such street or property, +provided all other requirements of this Code are complied with. +.IP " 4." 4 +Not less than two weeks prior to the closing or use of a street or +property for a parade, an application shall be submitted by the party to +the city. +The time requirements may be waived by the city manager at his +discretion if sufficient time exists for the proper review of the +application as herein provided. +The application shall be submitted upon a form prescribed by the city. +The application shall provide such other information as requested. +.IP " 5." 4 +The city manager shall issue a permit as provided for hereunder when, +from a consideration of the application and from such other information +as may otherwise be obtained, he finds that: +.RS 4 +.IP " 1." 4 +The conduct of the parade will not substantially interrupt the safe and +orderly movement of other traffic contiguous to its route; +.IP " 2." 4 +The conduct of the parade will not require the diversion of so great a +number of police officers of the city to properly police the line of +movement and the areas contiguous thereto as to prevent normal police +protection to the city; +.IP " 3." 4 +The conduct of such parade will not require the diversion of so great a +number of ambulances as to prevent normal ambulance service to portions +of the city other than that to be occupied by the proposed line of march +and areas contiguous thereto; +.IP " 4." 4 +The concentration of persons, animals and vehicles at assembly points of +the parade will not unduly interfere with proper fire and police +protection of, or ambulance service to, areas contiguous to such +assembly areas; +.IP " 5." 4 +The conduct of such parade will not interfere with the movement of +firefighting equipment en route to a fire; +.IP " 6." 4 +The conduct of the parade is not reasonably likely to cause injury to +persons or property, to provoke disorderly conduct or create a +disturbance; and +.IP " 7." 4 +The parade is scheduled to move from its point of origin to its point of +termination expeditiously and without unreasonable delays en route. +.RE +.IP " 6." 4 +The city manager, in such cases as shall be determined in his +discretion, may require as a condition to the issuance of a permit +herein such insurance or bond holding the city harmless from any and all +liability for injury or damage of any kind whatsoever occurring during +such activity covered by the permit. +.IP " 7." 4 +Without regard to the above provision of this section, the city manager, +from his consideration of available, appropriate and necessary +information, shall deny the application for a permit provided for by +this section when, from this information, he has reason to believe that +any contemplated advocacy at the proposed event will be directed to +inciting or producing imminent lawless action and will likely incite or +produce such action. +.IP " 8." 4 +The city manager, in denying an application for a parade permit, may +authorize the conduct of the parade on a date, at a time or over a route +different from that named by the applicant. +An applicant desiring to accept an alternate permit shall so indicate +within five days after notice of the action of the city manager. +An alternate parade permit shall conform to the requirements of, and +shall have the effect of, a parade permit under this section. +.IP " 9." 4 +As used in this section, the term \[dq]special event\[aq] means any +activity which occurs upon private or public property that (1) may +reasonably affect the ordinary use of public streets, rights-of-way or +sidewalks, or (2) include the erection of any temporary structure +(inflatables/bouncy toys, or tents or canopies larger than 400 square +feet, etc.) +where the public is invited, or (3) include the sale or consumption of +alcoholic beverages on a premises not currently licensed by the state +for the sale or consumption of alcohol on the premises where the public +is invited. +This includes, but is not limited to, fairs, festivals, foot races, bike +races, block parties, grand opening celebrations, and other temporary +assemblages of people. +The term \[dq]expressive special event\[dq] means a special event as +defined above, organized or conducted solely or primarily for the +purpose of engaging in speech protected by the First Amendment of the +United States Constitution. +The term \[dq]spontaneous expressive event\[dq] shall mean an expressive +special event that is occasioned by news, affairs, or circumstances +coming into public knowledge less than five days prior to the date of +such event. +.RS 4 +.IP " 1." 4 +No person, organization, business or corporation shall conduct any type +of special event as defined above without a special event permit from +the city. +.IP " 2." 4 +An application for a special event shall be submitted to the city no +later than 30 days prior to the proposed event. +In the event of an expressive special event, the application must be +submitted within five business days prior to the proposed event. +In the event of a spontaneous expressive event, the event must not +present a substantial safety or traffic hazard and must not unduly +impede, obstruct, impair or interfere with the public\[aq]s use of the +street or other public property, the operation of emergency vehicles, +the provision of the city services, or any lawful competing use of the +location where the event is located. +If any portion of the preceding cannot be met, then the event organizer +must make a diligent and good faith effort to relocate the event to +another location. +If the location cannot be relocated due to the special communicative +value of the event\[aq]s location or the unavailability of another +location, then the chief of police shall take appropriate action to the +extent reasonably necessary to eliminate the hazard, risk, interference, +or impairment; provided however, that the chief of police shall not +order the area cleared or the cessation of spontaneous expressive +activities unless reasonably necessary to avoid imminent danger to +person or property. +Applicants may file application as early as desired by the applicant. +.IP " 3." 4 +Reasons for denial of a special events permit include, but are not +limited to, the event will disrupt traffic within the city beyond +practical solution; will interfere with access to fire stations and the +fire hydrants; the location of the special event will cause undue +hardship to adjacent businesses or residents; the event would require +the diversion of so many city, public safety and/or and public works +employees that allowing the event would unreasonably deny service to the +remainder of the city; and the application contains incomplete or false +information. +.IP " 4." 4 +This section shall not be construed as imposing upon the city or its +officials or employees any liability or responsibility for any injury or +damages to any person in any way connected to the use for which permits +have been issued. +The city and its officials and employees shall not be deemed to have +assumed any liability or responsibility by reasons of inspections +performed, the issuance of any permit or the approval of any use of the +right-of-way. +.IP " 5." 4 +A special event permit may be issued only after adequate waste disposal +facilities and toilet facilities as necessary have been identified and +obtained by the permittee. +The permittee will clean their property, city property and any adjacent +properties of trash, rubbish, or debris generated by the special event, +returning it to its pre-event condition within 24 hours of the +conclusion of the event. +If the permittee fails to clean up such refuse, such clean up shall be +as required by law or other sections of this Code and the costs charged +to the permittee. +.IP " 6." 4 +The permittee shall obtain other permits that may be required from other +jurisdictions for this special event. +.RE +.LP +(Code 1999, § 10-404; Ord. +No. +629(08), 9-2-2008) +.PP +\f[B]State Law reference\f[R]\[em] Power of local authorities to +regulate assemblies, 47 O.S. +15-102. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347129_Ordinance%20No.%20904%20(19).pdf" -A "\c" \ + -- "904(19)" +\& on 4/15/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited" -A "\c" \ + -- "Sec 10-405 Firearms And Carrying Certain Weapons Prohibited" +\& +.IP " 1." 4 +No person shall transport a loaded firearm except in compliance with +state law. +.IP " 2." 4 +It shall be unlawful for any person to carry upon or about his or her +person, or in a purse or other container belonging to the person, any +pistol, revolver, shotgun or rifle whether loaded or unloaded or any +blackjack, loaded cane, hand chain, metal knuckles, or any other +offensive weapon, whether such weapon be concealed or unconcealed, +except as may be authorized by law. +.IP " 3." 4 +It shall be unlawful for any person to discharge a firearm, air rifle or +BB gun within the city except as may be authorized by law. +.IP " 4." 4 +Any person violating this provision shall, upon conviction, be punished +by a fine not to exceed the maximum penalty established by state law. +.LP +\f[B]State Law reference\f[R]\[em] Carrying firearms, 21 O.S. +§ 1289.6; firearms definitions, 21 O.S. +§ 1289.1 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346749_Ordinance%20No.%20898%20(19).pdf" -A "\c" \ + -- "898(19)" +\& on 3/4/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms" -A "\c" \ + -- "Sec 10-406 Begging And Soliciting Alms" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Accosting\f[R] means approaching or speaking to someone in such a +manner as would cause a reasonable person to fear imminent bodily harm +or the commission of a criminal act upon his person, or upon property in +his immediate possession. +.br +\f[I]Ask, beg\f[R] or \f[I]solicit\f[R] means and includes, without +limitation, the spoken, written or printed word or such other acts as +are conducted in furtherance of the purpose of obtaining alms. +.br +\f[I]Forcing oneself upon the company of another\f[R] means continuing +to request, beg or solicit alms from a person after that person has made +a negative response, blocking the passage of the individual addressed or +otherwise engaging in conduct which could reasonably be construed as +intended to compel or force a person to accede to demands. +.IP " 2." 4 +It shall be unlawful for any person to solicit money or other things of +value: +.RS 4 +.IP " 1." 4 +On private property if the owner, tenant, or lawful occupant has asked +the person not to solicit on the property, or has posted a sign clearly +indicating that solicitations are not welcome on the property; +.IP " 2." 4 +Within 15 feet of the entrance to or exit from any public toilet +facility; +.IP " 3." 4 +Within 15 feet of an automatic teller machine, provided that when an +automated teller machine is located within an automated teller machine +facility, such distance shall be measured from the entrance or exit of +the automated teller machine facility; +.IP " 4." 4 +Within 15 feet of any pay telephone, provided that when a pay telephone +is located within a telephone booth or other facility, such distance +shall be measured from the entrance or exit of the telephone booth or +facility; +.IP " 5." 4 +In any public transportation vehicle, or in any bus or subway station, +or within 15 feet of any bus stop or taxi stand; +.IP " 6." 4 +From any operator of a motor vehicle that is in traffic on a public +street; provided, however, that this subsection shall not apply to +services rendered in connection with emergency repairs requested by the +owner or passengers of such vehicle; +.IP " 7." 4 +From any person who is waiting in line for entry to any building, public +or private, including, but not limited to, any residence, business, or +athletic facility; or +.IP " 8." 4 +Within 15 feet of the entrance or exit from a building, public or +private, including, but not limited to, any residence, business, or +athletic facility. +.RE +.IP " 3." 4 +It shall be unlawful for any person to solicit money or other things of +value by accosting another or by forcing oneself upon the company of +another. +.LP +(Prior Code, § 16-34; Code 1999, § 10-408) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems" -A "\c" \ + -- "Sec 10-407 Lawful Operation Of Unmanned Aircraft Systems" +\& +.IP " 1." 4 +Definitions. +.RS 4 +.IP " 1." 4 +Pilot or Remote Pilot in Command means any person in control of and +unmanned aircraft. +.IP " 2." 4 +Unmanned Aircraft means an aircraft operated without the possibility of +direct intervention from within or on the aircraft. +.IP " 3." 4 +Unmanned Aircraft System means an unmanned aircraft and its associated +elements (including communication links and the components that control +the unmanned aircraft) that are required for the safe and efficient +operation of the unmanned aircraft in the national airspace system. +.IP " 4." 4 +Recreational Purposes means the use of an unmanned aircraft for personal +interests and enjoyment. +.RE +.IP " 2." 4 +Operating Rules. +.RS 4 +.IP " 1." 5 +All persons operating unmanned aircraft systems within the corporate +limits of the City of Moore must be in compliance with all applicable +municipal, state and federal law, including, but not limited to: +.RS 5 +.IP " 1." 4 +Drones weighing over .55 pounds must have a Federal Aviation +Administration registration number affixed. +.IP " 2." 4 +As of September 16, 2023, all drones weighing over .55 pounds are +required to comply with the Federal Aviation Administration\[aq]s Remote +ID rule. +.IP " 3." 4 +Operating a drone for commercial, or any other non-recreational purpose, +or flying at night requires the operator to have a Remote Pilot +Certificate or Certificate of Authorization from the FAA. +.RE +.IP " 2." 5 +A remote pilot in command may not fly and unmanned aircraft in the area +where human beings are present (other than the pilot in control), +unless: +.RS 5 +.IP " 1." 4 +The human being(s) is/are located under a covered structure or inside a +stationary vehicle that can provide reasonable protection from a falling +unmanned aircraft; or, +.IP " 2." 4 +The remote pilot in command is using an unmanned aircraft that: +.RS 4 +.IP " 1." 4 +Weighs .55 pounds or less including everything that is on board or +otherwise attached to the aircraft, on takeoff and throughout the +duration of the flight; and, +.IP " 2." 4 +Does not contain any exposed rotating parts that would lacerate human +skin upon impact with a human being. +.RE +.RE +.IP " 3." 5 +No person shall operate an unmanned aircraft system with the intent to +disturb, harass, bother or annoy any other person, domesticated animal +or livestock or operate in any reasonable person. +.IP " 4." 5 +No person shall operate an unmanned aircraft with the intent to +intentionally harm another person or to destroy public or private +property. +.IP " 5." 5 +No person shall operate an unmanned aircraft in a careless, negligent, +reckless or dangerous manner.\ +.IP " 6." 5 +No person shall attach to an unmanned aircraft: +.RS 5 +.IP " 1." 4 +A firearm; or, +.IP " 2." 4 +Any other item item intended to cause injury, do harm or be a hazard. +.RE +.IP " 7." 5 +No person shall operate an unmanned aircraft while in a state of +intoxication as defined in Section 10-501 of the Moore Municipal Code. +.IP " 8." 5 +No person shall act with the intent to interfere with another\[aq]s +ability to safely operate an unmanned aircraft in flight such that the +pilot\[aq]s ability to control the aircraft is diminished to such a +degree as to result in a collision. +.IP " 9." 5 +The owner/remote pilot in command of an unmanned aircraft system that +causes injury to the person of another or damage to the property owner +with their name, address and phone number as soon as practicable after +the injury or property damage is discovered. +.IP " 10." 5 +This section shall not apply to agencies within the governments of the +City of Moore, the State of Oklahoma, or the United States when +operating an unmanned aircraft system in accordance with their official +duties. +.RE +.IP " 3." 4 +Penalty for Violation. +.LP +Any person who is found guilty of violating this section is guilty of a +misdemeanor and subject to up to a $500 fine. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692114532_1028.23%20signed.pdf" -A "\c" \ + -- "1028.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE" -A "\c" \ + -- "ARTICLE 10-4B NOISE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact" -A "\c" \ + -- "Sec 10-411 Findings Of Fact" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions" -A "\c" \ + -- "Sec 10-412 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally" -A "\c" \ + -- "Sec 10-413 Prohibitions Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions" -A "\c" \ + -- "Sec 10-414 Specific Prohibitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions" -A "\c" \ + -- "Sec 10-415 Exemptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit" -A "\c" \ + -- "Sec 10-416 Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments" -A "\c" \ + -- "Sec 10-417 Duties And Responsibilities Of City Departments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief" -A "\c" \ + -- "Sec 10-418 Penalty And Injunctive Relief" +\& +.br +.LP +\f[B] +.br +State Law reference\f[R]\[em] City\[aq]s power to restrain and prohibit +unnecessary noise, 11 O.S. +§ 22-110. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact" -A "\c" \ + -- "Sec 10-411 Findings Of Fact" +\& +.LP +It is found and declared that: +.IP " 1." 4 +The making and creation of excessive, unnecessary noise within the city +is a condition which has existed for some time and the extent and volume +of such noise is increasing; +.IP " 2." 4 +The making, creation or maintenance of such excessive, unnecessary, +unnatural or unusual noise, prolonged in time, place and use, affects +and is a detriment to public health, comfort, convenience, safety, +welfare and prosperity of the residents of the city; +.IP " 3." 4 +A substantial body of scientific and technological knowledge and +expertise exists by which noise is recognized as sound which is +excessive and thereby unwanted and rejectable, and may be substantially +abated; +.IP " 4." 4 +The necessity in the public interest for the provisions and prohibitions +hereinafter contained and enacted is declared as a matter of legislative +determination and public policy in pursuance of and for the purpose of +securing and promoting the peace and quiet for the greater assurance of +public health, comfort, convenience, safety, welfare and prosperity of +the city and its inhabitants. +.LP +(Code 1999, § 10-421; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions" -A "\c" \ + -- "Sec 10-412 Definitions" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +Ambient sound pressure level\f[R] is the all-encompassing noise +associated with a given environment, being usually a composite of sounds +from many sources, near and far, statistically equivalent to L90; the +percentile noise level exceeded 90 percent of the time based on any +measurement period of not less than ten minutes or more than 30 minutes. +.br +\f[I] +.br +A-weighted sound level\f[R] means the sound pressure level in decibels +as measured on a sound level meter using the A-weighing network. +The level so read is designated as dB(A) or dBA. +.br +\f[I] +.br +Construction\f[R] means any site preparation, assembly, erection, +substantial repair, alteration, or similar action, excluding demolition, +for or of public or private rights-of-way, structures, utilities or +similar property. +.br +\f[I] +.br +Continuous sound\f[R] means any sound, essentially without interruption, +which exists for a period of six minutes or more. +.br +\f[I] +.br +Decibel (dB)\f[R] means a unit for measuring the volume of a sound, +equal to 20 times the logarithm to the base ten of ratio of the pressure +of the sound measured to the reference pressure which is 20 micropascals +(20 micronewtons per square meter), denoted as dB. +.br +\f[I] +.br +Demolition\f[R] means any dismantling, intentional destruction or +removal of structures, utilities, public or private right-of-way +surfaces, or similar property. +.br +\f[I] +.br +Device\f[R] means any mechanical object or piece intended to produce, or +which produces, the resultant effect objectively sought when operated or +used. +.br +\f[I] +.br +Emergency\f[R] means any occurrence or set of circumstances involving +actual or imminent physical trauma or property damage which demands +immediate action. +.br +\f[I] +.br +Emergency vehicle\f[R] means vehicles of the fire, police and highway +patrol departments and legally authorized ambulances and emergency +vehicles of state departments. +.br +\f[I] +.br +Emergency work\f[R] means any work performed for the purpose of +preventing or alleviating physical traumas or property damage threatened +or caused by an emergency. +.br +\f[I] +.br +Excessive sound\f[R] means that sound level which elicits complaints, +usually independent of each other in the estimate of the sound\[aq]s +being acceptable or unacceptable. +.br +\f[I] +.br +Gross vehicle weight rating (GVWR)\f[R] means the value specified by the +manufacturer as the recommended maximum loaded weight of a single motor +vehicle. +In cases where trailers and tractors are separable, the gross +combination weight rating (GCWR), which is the value specified by the +manufacturer as the recommended maximum loaded weight of the combination +vehicle, shall be used. +.br +\f[I] +.br +Impulsive sound\f[R] means sound pulses of short duration, usually less +than one second, with an abrupt onset and rapid decay. +.br +\f[I] +.br +L1 percentile level\f[R] means the time-averaged sound pressure level, +A-weighted, that is exceeded in any time measurement period one percent +of that time. +.br +\f[I] +.br +L10 percentile level\f[R] means the time-averaged sound pressure level, +A-weighted, that is exceeded in any time measurement period ten percent +of that time. +.br +\f[I] +.br +L90 percentile level\f[R] means the time-averaged sound pressure level, +A-weighted, that is exceeded in any time measurement period 90 percent +of that time. +.br +\f[I] +.br +Measurement period\f[R] means that total amount of time used in the +measurement of sound levels for a given incident not including time +intervals, or their total time, between intervals of actual sound +measurement time. +Limits are as stated herein, not less than ten minutes and not more than +30 minutes. +.br +\f[I] +.br +Motor vehicle\f[R] means every vehicle self-propelled on land and every +vehicle propelled by electric power obtained from overhead trolley +wires, but not operated upon rails; provided, however, the definition of +the term \[dq]motor vehicle\[dq] shall not include implements of +husbandry. +.br +\f[I] +.br +Muffler\f[R] means a device for abating the sound of escaping gases of +any internal combustion engine. +.br +\f[I] +.br +Noise\f[R] means any sound which annoys or disturbs humans or which +causes or tends to cause an adverse psychological or physiological +effect on humans. +.br +\f[I] +.br +Noise disturbance\f[R] means any plainly audible sound which: +.RS 4 +.IP " 1." 4 +Injures or endangers the safety or health of a human; +.IP " 2." 4 +Annoys or disturbs a reasonable person of normal sensitivities; or +.IP " 3." 4 +Endangers or injures personal or real property. +For the purpose of this definition, the term \[dq]plainly audible\[dq] +means where the listener clearly can hear the content of the sound +produced by the noise source. +Sounds which may be clearly or plainly audible include, but are not +limited to, musical rhythms, spoken words, vocal sounds and engine +noises. +.br +\f[I] +.br +Person\f[R] means any individual, association, partnership or +corporation, and includes any officer, employee, department, agency or +instrumentality of the state or any political subdivision of the state. +.br +\f[I] +.br +Powered model vehicle\f[R] means any self-propelled airborne, +waterborne, or landborne plane, vessel or vehicle which is not designed +to carry persons, including, but not limited to, any model airplane, +boat, car or rocket. +.br +\f[I] +.br +RMS sound pressure\f[R] means the square root of the time average square +of the sound pressure, denoted Prms. +.br +\f[I] +.br +Sound\f[R] means temporal and spatial oscillation in pressure, particle +displacement, particle velocity or other physical parameter, in a medium +with internal forces that causes progressively alternate compression and +rarefaction of that medium, and which propagates at finite speed to +distant points and can evoke an auditory sensation. +.br +\f[I] +.br +Sound level meter\f[R] means an instrument which includes a microphone, +amplifier, RMS detector, integrator or time averager, output meter, and +weighing networks used to measure sound pressure levels. +.br +\f[I] +.br +Sound pressure\f[R] means the instantaneous difference between the +actual pressure and the average barometric pressure at a given point in +space, as produced by sound energy. +.br +\f[I] +.br +Sound pressure level\f[R] means 20 times the logarithm to the base ten +of the ratio of the RMS sound pressure to the reference pressure of 20 +micropascals (20 x 10 - 6) n/m2). +The sound pressure level is denoted Lp or SPL and is expressed in +decibels (dB). +.RE +.IP " 2." 4 +All defined terminology used in this article which is not defined in +subsection (A) of this section or in Part 1 of this Code shall be in +conformance with applicable publication of the American National +Standards Institute (ANSI) or its successor body. +.LP +(Code 1999, § 10-422; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally" -A "\c" \ + -- "Sec 10-413 Prohibitions Generally" +\& +.LP +It is unlawful for any person to make, continue or cause to be made or +continued any noise disturbance, any excessive, unnecessary or unusual +noise, or any noise which either annoys, disturbs, injures or endangers +the comfort, repose, health, peace or safety of reasonable people of +ordinary sensibilities, within the limits of the city. +.PP +(Code 1999, § 10-423; Ord. +No. +544, 2-4-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions" -A "\c" \ + -- "Sec 10-414 Specific Prohibitions" +\& +.LP +The following acts, among others and not to exclude other such acts, are +declared to be excessive or unusual noises in violation of this article, +except and unless in the urgent interest of public health, welfare and +safety, a permit has been issued by the city manager for continuance or +performance over such time periods as may be so stated: +.IP " 1." 5 +Owning, maintaining or harboring for hire any animal or bird, which, by +frequent or prolonged noise-making, cause or tend to cause excessive +sound levels, whether originating from public or private facilities, +except publicly-owned or publicly-operated zoos. +Police dogs may be exempted from the prohibitions of this section under +such terms and conditions as the city manager or council may establish; +.IP " 2." 5 +Performance of construction, demolition or repair work at or on any +structural or roadway project or undertaking whether by manual or +mechanical means, such as to produce a noise disturbance; +.IP " 3." 5 +Discharge into the open air of the sound-laden exhaust from, or escape +of excessive sound from, working parts of the transmission or conveyance +of fluids or solids through piping, conduit, or by way of other +mechanical transport, stationary, portable or mobile engine or motorized +vehicle, such as to produce a noise disturbance; +.IP " 4." 5 +Sounding of horns, whistles, sirens, firearms or other such alarm or +announcement device, whether manual or power-operated, or the detonation +of fireworks or explosives, except as required as warning of fire, +natural disaster or other impending or incidental danger, or which may +be required as a part of law enforcement, by emergency, or as excepted +by the exemptions to this article; +.IP " 5." 5 +Operating or permitting the use or operation of any device designed for +sound production, amplification or reproduction, including, but not +limited to, any radio, musical instrument, phonograph, equipment, +electronic audio equipment, television set, tape recorder, loud speaker, +or other similar device: +.RS 5 +.IP " 1." 4 +Between the hours of 10:00 p.m. +and 7:00 a.m. +the following day so as to be plainly audible within any dwelling unit +which is not the source of the sound; or +.IP " 2." 4 +On public property or on a public right-of-way so as to be plainly +audible 50 feet or more from such device, except as authorized by +permit; +.RE +.IP " 6." 5 +Shouting, carousing, singing, boisterous, belligerent or clamorous +noise-making or other prolonged noise-making such as to cause or tend to +cause excessive sound pressure levels; +.IP " 7." 5 +Operation of any motorized surface boat or underwater vehicle, whether +on land, water impoundment, lake, stream, diversion channel, or astride +a conveyance, such as to produce a noise disturbance; +.IP " 8." 5 +Operation of powered models or toys such as to produce a noise +disturbance; +.IP " 9." 5 +Running, testing or otherwise operating aircraft engines on the ground +or operating an airport facility in such a manner as to cause or tend to +cause noise disturbance. +Nothing in this section shall be construed to prohibit, restrict, +penalize or enjoin or in any manner regulate the movement of aircraft +which are, in all respects, conducted in accordance with or pursuant to +applicable federal laws and regulations, or air traffic control +instructions; +.IP " 10." 5 +Operating or permitting to be operated in any place of public +entertainment during any hour of operation when patrons or customers may +be expected to be present, any loudspeaker or sound amplifier which +produces, reproduces or amplifies sound, or which produces a noise +disturbance at a point normally to be occupied by a patron or customer, +unless a conspicuous legible sign is posted at or within five feet of +each public entrance and not more than five feet above the level of the +ground, floor, or other entrance threshold, readable by a person with +20/20 vision at a distance not less than ten feet from the loudspeaker +or amplifier, which sign shall state: +.br +\[dq]WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING +IMPAIRMENT\[dq] +.br +This provision shall not be construed to allow the operation of a +loudspeaker or sound amplifier in such manner as to violate subsection +(K) of this section; +.IP " 11." 5 +Creating noise disturbance within 500 feet of any school or other such +institution of learning, church, hospital, convalescent hospital or +mass-care home, or court of law from 10:00 p.m. +to 7:00 a.m., provided conspicuous, legible signs are serviceably +displayed at such distance from the aforementioned institutions, or any +of them, that such potential violation may be avoided; +.IP " 12." 5 +No property owner, lessor or lessee shall knowingly allow any +automobile, motorcycle, minibike or other vehicle which creates a noise +disturbance to be driven across his property. +Nothing in this section shall be construed as to prohibit the arrest of +the operators of such vehicles as may be provided by this Code. +.IP " 13." 5 +Operating or permitting to be operated any device designed for sound +production, amplification or reproduction, included but not limited to, +any radio, musical instrument, phonograph, equipment, electronic audio +equipment, tape recorder, loudspeaker, or other similar device at any +city owned park that exceeds sixty-five decibels (65 dB) measured at the +boundary of any city owned park. +.br +.LP +(Code 1999, § 10-424; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +HISTORY +.br +\f[I]Approved by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641223116_ordinance%20998.21.pdf" -A "\c" \ + -- "998(21)" +\& on 12/20/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions" -A "\c" \ + -- "Sec 10-415 Exemptions" +\& +.LP +The following sources of potentially excessive sound shall be exempt +from noise control regulation: +.IP " 1." 4 +Safety signals and alarm devices; only storm warning sirens or horns +that are owned, operated, authorized, and required by the city and the +authorized testing of such equipment, emergency vehicle sirens or horns +used when responding to an emergency, and emergency pressure relief +valves; +.IP " 2." 4 +Noise created or to be created as the result of provisions of section +10-414 such that a permit shall be issued beforehand by the city +manager, and such event shall be conducted in accordance with provisions +of such permit; +.IP " 3." 4 +Disaster or other emergency, or, as result of such disaster, demanding +the immediate undertaking by operators or mechanical devices for relief +of stress thus created; +.IP " 4." 4 +Organized sporting event; organized sporting event shall not include +sporting events located at any city owned park, including but not +limited to, all youth association regular season games and tournaments; +.IP " 5." 4 +Noncommercial public speaking and public assembly activities conducted +on any public space or public right-of-way; and +.IP " 6." 4 +Interstate railway locomotives and trains en route, and not engaged in +switching operations within residential land use classifications between +10:00 p.m. +and 7:00 a.m. +.LP +(Code 1999, § 10-427; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994; Ord. +No. +758(13), 9-16-2013) +HISTORY +.br +\f[I]Approved by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641222535_ordinance%20997.21.pdf" -A "\c" \ + -- "997(21)" +\& on 12/20/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit" -A "\c" \ + -- "Sec 10-416 Permit" +\& +.IP " 1." 4 +Application for a permit for relief from noise restrictions designated +in this article, on the basis of undue hardship, may be made to the city +manager or his authorized representative. +Any such application shall set out clearly the conditions describing the +undue hardship so alleged. +.IP " 2." 4 +A permit may be granted only upon sufficient and reliable showing in the +application that such conditions indicate one or more of the following +to be true: +.RS 4 +.IP " 1." 4 +Additional time is necessary for the applicant to alter or modify his +activity or operation to comply with this article; +.IP " 2." 4 +The activity, operation or noise source will be of temporary duration, +and cannot be performed in a manner that would comply with other +sections of this article; and +.IP " 3." 4 +No other reasonable alternative is available to the applicant. +.RE +.IP " 3." 4 +A permit may be granted only for an effective time period of three days +or less, except in the case of construction or demolition, the effective +time period of such permit shall not exceed 45 days continuous time +lapse. +A permit may be renewed while the urgent necessity continues for three +days or less, except in the case of construction or demolition, the +renewal shall not exceed 45 days. +Any such permit thus granted shall state all conditions upon which it +may be granted, including, but not limited to, effective date, time of +day, location, limitations for personnel or equipment involved, and any +other conditions or requirements the city manager may deem necessary to +minimize the adverse effects upon the community or surrounding +neighborhood. +.LP +(Code 1999, § 10-428; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments" -A "\c" \ + -- "Sec 10-417 Duties And Responsibilities Of City Departments" +\& +.IP " 1." 4 +All departments and agencies of the city shall, to the fullest extent +consistent with other ordinances, carry out their programs in such a +manner as to further the policy of this article and in cooperation with +the enforcement of it. +.IP " 2." 4 +All departments whose duty it is to review and approve new projects or +changes to existing projects that result, or may result, in the +production of excessive sound levels shall consult with the agent of +enforcement prior to any such approval. +.LP +(Code 1999, § 10-429; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief" -A "\c" \ + -- "Sec 10-418 Penalty And Injunctive Relief" +\& +.IP " 1." 4 +Any person who violates any provision of this article shall, upon +conviction thereof, be guilty of an offense against the city. +.IP " 2." 4 +Each day of violation of any provision of this article shall constitute +a single offense if the disturbance is continuous. +If the disturbance is not continuous, each violation of any provision of +this article shall constitute a separate offense, although committed on +the same day. +.IP " 3." 4 +As an additional remedy, any activity, conduct or the operation or +maintenance of any device, instrument, vehicle or machinery which is +continuing in nature and in violation of any ordinance provision, and +which causes discomfort or annoyance, or which endangers the comfort, +repose, health or peace of residents in the area, or which produces a +noise disturbance shall be deemed, and is declared to be, a public +nuisance and may be subject to abatement summarily by a restraining +order or injunction issued by a court of competent jurisdiction. +An injunction or restraining order may be issued pursuant to the +statutes of the state. +.LP +(Code 1999, § 10-430; Ord. +No. +544, 2-4-1991; Ord. +No. +90(94), 9-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC" -A "\c" \ + -- "CHAPTER 10-5 OFFENSES AGAINST THE PUBLIC" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication" -A "\c" \ + -- "Sec 10-501 Public Intoxication" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited" -A "\c" \ + -- "Sec 10-502 Marijuana And Controlled Dangerous Substances Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia" -A "\c" \ + -- "Sec 10-503 Drug Paraphernalia" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances" -A "\c" \ + -- "Sec 10-504 Sniffing Glue, Paint And Other Substances" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors" -A "\c" \ + -- "Sec 10-505 Curfew For Minors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid" -A "\c" \ + -- "Sec 10-506 False Representation As Blind, Crippled Or Physically Defective To Obtain Money, Aid" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises" -A "\c" \ + -- "Sec 10-507 Prowling On Premises" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents" -A "\c" \ + -- "Sec 10-508 Misrepresenting Age By False Documents" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications" -A "\c" \ + -- "Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other Electronic Communications" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House" -A "\c" \ + -- "Sec 10-510 Disorderly House" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure" -A "\c" \ + -- "Sec 10-511 Nudity, Improper Dress And Indecent Exposure" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices" -A "\c" \ + -- "Sec 10-512 Gambling And Gambling Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited" -A "\c" \ + -- "Sec 10-513 Prostitution Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools" -A "\c" \ + -- "Sec 10-514 Offenses Near Schools" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property" -A "\c" \ + -- "Sec 10-515 Sleeping In Places, Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor" -A "\c" \ + -- "Sec 10-516 Contributing To Delinquency Of A Minor" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco" -A "\c" \ + -- "Sec 10-517 Prevention Of Youth Access To Tobacco" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors" -A "\c" \ + -- "Sec 10-518 Display Of Material Harmful To Minors" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors" -A "\c" \ + -- "Sec 10-519 Spray Paint Restrictions For Minors" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication" -A "\c" \ + -- "Sec 10-501 Public Intoxication" +\& +.LP +No person shall be in any public place in a state of intoxication. +A state of intoxication means the condition in which a person is under +the influence of drugs, intoxicating liquors or nonintoxicating beverage +to such an extent as to deprive the person of his full mental or +physical power or be unable to exercise care for his own safety or the +safety of others. +.PP +(Code 1999, § 10-501) +.PP +\f[B]State Law reference\f[R]\[em] Oklahoma Alcohol and Drug Abuse +Services Act, 43A O.S. +§ 3-401 et seq.; intoxication in a public place or at a public +gathering, 37 O.S. +§ 8. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited" -A "\c" \ + -- "Sec 10-502 Marijuana And Controlled Dangerous Substances Prohibited" +\& +.IP " 1." 4 +It is unlawful for any person to: +.RS 4 +.IP " 1." 4 +Possess a controlled dangerous substance including, but not limited to: +methamphetamine, heroin, opium, opiates, cocaine or any other illegal +substances as noted in Title 63 O.S. +§2-101 et seq., unless such substance was obtained directly, or pursuant +to a valid prescription or order from a practitioner, while acting in +the course of his or her professional practice. +.IP " 2." 4 +Possess marijuana in any place within the city; unless that person is in +possession of an appropriate license issued by the Oklahoma Medical +Marijuana Authority of the State of Oklahoma. +No person shall possess a quantity of medical marijuana in excess of the +amounts proscribed by state law as established for each category of +license; possession of up to one and one half ounces of marijuana by a +person who can state a medical condition, but are not in possession of a +state issued medical marijuana license shall be punishable by a fine not +to exceed $400.00 or maximum allowed by state law. +Unless otherwise stated, violation of any provision contained in this +paragraph is punishable by a fine of up to $500.00 and court costs. +.IP " 3." 4 +Use marijuana in any place within the city except as legally prescribed +by a physician licensed to practice in the state; or to use smokable, +vaporized, vapable and e-cigarettes medical marijuana and medical +marijuana products smoked by a patient license holder at locations that +would violate 63 O.S. +§ 1-1521 et seq., commonly referred to as the \[dq]Smoking in Public +Places and Indoor Workplace Act\[dq] and part 8, chapter 7 sections +8-701 through 8-704 of this Code; or +.IP " 4." 4 +Be about a place where marijuana is sold or furnished illegally. +.RE +.IP " 2." 4 +For the purpose of this section, the term \[dq]marijuana\[dq] means all +parts of the plant cannabis sativa L., whether growing or not; the seeds +thereof; the resin extracted from any part of such plant; and every +compound, manufacture, salt, derivative, mixture, or preparation of such +plant, its seeds or resin, but shall not include the mature stalks of +such plant, fibre produced from such stalks, oil or cake made from the +derivative, mixture or preparation of such mature stalks (except resin +extracted therefrom), fibre, oil or cake, or the sterilized seed of such +plant which is incapable of germination.\ +.IP " 3." 4 +For the purpose of this section, the term \[dq]controlled dangerous +substance\[dq] means a drug, substance or immediate precursor in +Schedules I through V of the Uniform Controlled Dangerous Substances Act +or any drug, substance or immediate precursor listed either temporarily +or permanently as a federally controlled substance. +Any conflict between state and federal law with regard to the particular +schedule in which a substance is listed shall be resolved in favor of +state law. +.IP " 4." 4 +Any person who violates any of the provisions of this section or fails +to comply with any of the requirements thereof, as it pertains to a +controlled dangerous substance other than marijuana, shall be, upon +conviction, guilty of a misdemeanor punishable by a fine not to exceed +the lesser of $500.00 and court costs or the maximum allowed by state +law. +.br +.LP +(Prior Code, § 16-63, in part; Code 1999, § 10-502) +.PP +\f[B]State Law reference\f[R]\[em] Controlled dangerous substances, 63 +O.S. +§ 2-101 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346542_Ordinance%20No.%20895%20(18).pdf" -A "\c" \ + -- "895(18)" +\& on 12/3/2018 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1029.23.pdf" -A "\c" \ + -- "1029.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia" -A "\c" \ + -- "Sec 10-503 Drug Paraphernalia" +\& +.IP " 1." 4 +For the purpose of this section, the term \[dq]drug paraphernalia\[dq] +means all equipment, products and materials of any kind which are used, +intended for use, or designed for use, in planting, propagating, +cultivating, growing, harvesting, manufacturing, compounding, +converting, producing, processing, preparing, testing, analyzing, +packaging, repackaging, storing, containing, concealing, injecting, +ingesting, inhaling or otherwise introducing into the human body a +controlled substance in violation of the Oklahoma Uniform Controlled +Dangerous Substances Act (63 O.S. +§ 2-101 et seq.), hereinafter referred to as \[dq]the Act,\[dq] and +adopted by reference herein. +The term \[dq]drug paraphernalia\[dq] includes, but is not limited to: +.RS 4 +.IP " 1." 5 +Kits used, intended for use, or designed for use in planting, +propagating, cultivating, growing or harvesting of any species of plant +which is a controlled substance or from which a controlled substance can +be derived; +.IP " 2." 5 +Kits used, intended for use, or designed for use in manufacturing, +compounding, converting, producing, processing, or preparing controlled +substances; +.IP " 3." 5 +Isomerization devices used, intended for use, or designed for use in +identifying, or in analyzing the strength, effectiveness or purity of +controlled substances; +.IP " 4." 5 +Testing equipment used, intended for use, or designed for use in +identifying, or in analyzing the strength, effectiveness or purity of +controlled substances; +.IP " 5." 5 +Scales and balances used, intended for use, or designed for use in +weighing or measuring controlled substances; +.IP " 6." 5 +Diluents and adulterants, such as quinine hydrochloride, mannitol, +mannite, dextrose and lactose, used, intended for use, or designed for +use in cutting controlled substances; +.IP " 7." 5 +Separation gins and sifters used, intended for use, or designed for use +in removing twigs and seeds from, or in otherwise cleaning or refining, +marijuana; +.IP " 8." 5 +Blenders, bowls, containers, spoons and mixing devices used, intended +for use, or designed for use in compounding controlled substances; +.IP " 9." 5 +Capsules, balloons, envelopes and other containers used, intended for +use, or designed for use in packaging small quantities of controlled +substances; +.IP " 10." 5 +Containers and other objects used, intended for use, or designed for use +in storing or concealing controlled substances; +.IP " 11." 5 +Hypodermic syringes, needles and other objects used, intended for use, +or designed for use in parenterally injecting controlled substances into +the human body; and +.IP " 12." 5 +Objects used, intended for use, or designed for use in ingesting, +inhaling, or otherwise introducing marijuana, cocaine, hashish, or +hashish oil into the human body, such as: +.RS 5 +.IP " 1." 5 +Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or +without screens, permanent screens, hashish heads, or punctured metal +bowls; +.IP " 2." 5 +Water pipes; +.IP " 3." 5 +Carburetion tubes and devices; +.IP " 4." 5 +Smoking and carburetion masks; +.IP " 5." 5 +Roach clips; meaning objects used to hold burning materials, such as a +marijuana cigarette, that has become too small or too short to be held +in the hand; +.IP " 6." 5 +Miniature cocaine spoons, and cocaine vials; +.IP " 7." 5 +Chamber pipes; +.IP " 8." 5 +Carburetor pipes; +.IP " 9." 5 +Electric pipes; +.IP " 10." 5 +Air-driven pipes; +.IP " 11." 5 +Chillums; +.IP " 12." 5 +Bongs; or +.IP " 13." 5 +Ice pipes or chiller. +.RE +.RE +.IP " 2." 4 +In determining whether an object is drug paraphernalia, a court or other +authority should consider, in addition to all other logically relevant +factors, the following: +.RS 4 +.IP " 1." 5 +Statements by an owner or by anyone in control of the object concerning +its use; +.IP " 2." 5 +Prior convictions, if any, of an owner, or of anyone in control of the +object, under any state or federal law relating to any controlled +substance; +.IP " 3." 5 +The proximity of the object, in time and space, to a direct violation of +the Act; +.IP " 4." 5 +The proximity of the object to controlled substances; +.IP " 5." 5 +The existence of any residue of controlled substances on the object: +.IP " 6." 5 +Direct or circumstantial evidence of the intent of an owner, or of +anyone in control of the object, to deliver it to persons whom he knows, +or should reasonably know, intended to use the object to facilitate a +violation of the Act; the innocence of an owner, or of anyone in control +of the object, as to a direct violation of the Act shall not prevent a +finding that the object is intended for use, or designed for use as drug +paraphernalia; +.IP " 7." 5 +Instructions, oral or written, provided with the object concerning its +use; +.IP " 8." 5 +Descriptive materials accompanying the object which explain or depict +its use; +.IP " 9." 5 +National and local advertising concerning its use; +.IP " 10." 5 +The manner in which the object is displayed for sale; +.IP " 11." 5 +Whether the owner, or anyone in control of the object, is a legitimate +supplier of like or related items to the community, such as a licensed +distributor or dealer of tobacco products; +.IP " 12." 5 +Direct or circumstantial evidence of the ratio of sales of the objects +to the total sales of the business enterprise; +.IP " 13." 5 +The existence and scope of legitimate uses for the object in the +community; and +.IP " 14." 5 +Expert testimony concerning its use. +.RE +.IP " 3." 4 +It is unlawful for any person to use, or to possess with intent to use, +drug paraphernalia to plant, propagate, cultivate, grow, harvest, +manufacture, compound, convert, produce, process, prepare, test, +analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, +or otherwise introduce into the human body a controlled substance in +violation of the Act. +.IP " 4." 4 +It is unlawful for any person to deliver, possess with intent to +deliver, or manufacture with intent to deliver, drug paraphernalia, +knowing, or under circumstances where one reasonably should know, that +it will be used to plant, propagate, cultivate, grow, harvest, +manufacture, compound, convert, produce, process, prepare, test, +analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, +or otherwise introduce into the human body a controlled substance in +violation of the Act. +.IP " 5." 4 +It is unlawful for any person to place in any newspaper, magazine, +handbill, or other publication any advertisement, knowing, or under +circumstances where one reasonably should know, that the purpose of the +advertisement, in whole or in part, is to promote the sale of objects +designed or intended for use as drug paraphernalia. +.IP " 6." 4 +The term drug paraphernalia shall not include equipment, products and +materials of any kind which are used, intended for use, or designed for +use, in planting, propagating, cultivating, growing, harvesting, +manufacturing, compounding, converting, producing, processing, +preparing, testing, analyzing, packaging, repackaging, storing, +containing, concealing, injecting, ingesting, inhaling or otherwise +introducing into the human body medical marijuana where the possession +of such items is authorized by an appropriate license issued by the +State of Oklahoma, Medical Marijuana Authority. +.LP +(Code 1999, § 10-503) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. +§§ 2-101.1, 2-405. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346334_Ordinance%20No.%20894%20(18).pdf" -A "\c" \ + -- "894(18)" +\& on 12/3/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances" -A "\c" \ + -- "Sec 10-504 Sniffing Glue, Paint And Other Substances" +\& +.LP +No person shall sniff or inhale paint, glue, gasoline or other volatile +substances for purposes of intoxication. +.PP +(Code 1999, § 10-504) +.PP +\f[B]State Law reference\f[R]\[em] Glue sniffing, 63 O.S. +§ 465.20. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors" -A "\c" \ + -- "Sec 10-505 Curfew For Minors" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +Minor\f[R] means any person under the age of 18. +.br +\f[I] +.br +Parent\f[R] means any person having legal custody of a minor as a: +.RS 4 +.IP " 1." 4 +Natural or adoptive parent; +.IP " 2." 4 +Legal guardian; +.IP " 3." 4 +Person who stands in loco parentis; or +.IP " 4." 4 +Person to whom legal custody has been given by order of the court. +\f[I]Public place\f[R] means any street, alley, highway, sidewalk, park, +playground or place to which the general public has access and a right +to resort for business, entertainment, or other lawful purpose. +A public place shall include, but not be limited to, any store, shop, +restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, +shopping center and any other place devoted to amusement or +entertainment of the general public. +It shall also include the front or immediate area of the above. +.br +\f[I] +.br +Remain\f[R] means to stay behind, to tarry and to stay unnecessarily +upon the streets, including the congregating of groups (or of +interacting minors) totaling four or more persons in which any minor +involved would not be using the streets for ordinary or serious purposes +such as mere passage or going home. +.br +\f[I] +.br +Street\f[R] means a way or place, of whatsoever nature, open to the use +of the public as a matter of right for purposes of vehicular travel or +in the case of a sidewalk thereof for pedestrian travel. +The term \[dq]street\[dq] includes the legal right-of-way, including, +but not limited to, the cartway or traffic lanes, the curb, the +sidewalks, whether paved or unpaved, and any grass plots or other +grounds found within the legal right-of-way of a street. +.br +\f[I] +.br +Time of night\f[R] referred to here is based upon the prevailing +standard of time, whether Central Standard Time or Central Daylight +Saving Time, generally observed at that hour by the public. +.br +\f[I] +.br +Year of age\f[R] continues from one birthday, such as the 17th to (but +not including the day of) the next, such as the 18th birthday, making it +clear that 17 or less years of age is herein treated as equivalent to +the phrase \[dq]under 18 years of age.\[dq] +.RE +.IP " 2." 4 +It shall be unlawful for any person 17 or less years of age (under 18) +to be or remain in or upon the streets or public places within the city +at night during the period ending 5:00 a.m. +and beginning: +.RS 4 +.IP " 1." 4 +At 11:00 p.m. +for minors on Sunday through Thursday; and +.IP " 2." 4 +At 1:00 a.m. +on Saturday morning and Sunday morning for minors. +.RE +.IP " 3." 4 +In the following exceptional cases, a minor on a city street or in a +public place during the nocturnal hours for which this section is +intended to provide the maximum limits of regulation does not constitute +a violation of the curfew regulations: +.RS 4 +.IP " 1." 5 +When accompanied by a parent of such minor; +.IP " 2." 5 +When accompanied by an adult authorized by a parent of such minor to +take the parent\[aq]s place accompanying the minor for a designated +period of time, date and purpose within a specified area. +The authorized adult shall possess a written communication signed by the +minor and countersigned by the parent/legal guardian of such minor which +includes their home address and telephone number. +The authorized adult shall have this communication from the minor\[aq]s +parent/guardian in his possession; +.IP " 3." 5 +When exercising First Amendment rights protected by the United States +Constitution, such as the free exercise of religion, freedom of speech +and the right of assembly. +Such minor shall evidence the bona fides of such exercise by possessing +a written communication, signed by such minor and countersigned by a +parent or legal guardian of such minor with their home address and +telephone number, specifying times and dates when, and where, and in +what manner the minor will be on the streets and other public places at +night (during hours when the curfew regulations are otherwise applicable +to the minor) in the exercise of a First Amendment right specified in +such communication; +.IP " 4." 5 +The minor is on an errand, specific business or activity of an emergency +nature directed or permitted by his parent; +.IP " 5." 5 +If the minor has in the minor\[aq]s possession a written communication +signed by the minor and countersigned by a parent or legal guardian of +such minor evidencing their home address and telephone number, and +establishing such reason relating to a direct route for a designated +time for a described purpose including points of origin and destination. +Each communication will also note the date and time limits the reason +will encompass; +.IP " 6." 5 +When the minor is on the sidewalk of the place where such minor resides, +or on the sidewalk of either next-door neighbor not communicating an +objection to the police officer; +.IP " 7." 5 +When returning home, by a direct route, from (and within 45 minutes of +the termination of) a school activity, or an activity of a religious or +the voluntary association, provided the minor has a written +communication in the minor\[aq]s possession, countersigned by the parent +or legal guardian indicating the home address and telephone number, the +purpose for the event, and when, where and in what manner the minor will +be on the streets at night; +.IP " 8." 5 +Upon being petitioned, the city council may authorize by regulation a +relaxation of the curfew in other matters of reasonable necessity and is +determined to be consistent with the public interest and the purposes of +these curfew regulations. +Normally, such regulation by the city council permitting use of the +streets or public places should be issued sufficiently in advance to +permit appropriate notification of agencies, such as the schools, and +the media when appropriate. +The regulation shall define the activity, the scope of the use of the +streets or public places permitted, and the period of time involved, not +to extend more than 45 minutes beyond the time for termination of such +activity; +.IP " 9." 5 +When the minor is within the scope of his employment and carries a +certified card or some other form indicating employment, briefly +identifying the minor, the addresses and telephone numbers of his home +and his place of employment and his hours of employment or carries a +valid proof of employment; or +.IP " 10." 5 +Whenever the minor is engaged in interstate or intrastate vehicular +travel with consent of his parent or legal guardian. +This contemplates normal travel and clearly exempts bona fide interstate +movement through the city, particularly on normal routes. +.RE +.IP " 4." 4 +It shall be unlawful for a parent, or other person, having legal custody +of a minor knowingly to permit, or by inefficient control to allow, such +a minor to be or remain upon any city street or public place under +circumstances not constituting an exception to, or otherwise beyond the +scope of, the curfew regulations. +The term \[dq]knowingly\[dq] includes knowledge which a parent, or legal +guardian, should reasonably be expected to have concerning the +whereabouts of a minor in that parent\[aq]s or person\[aq]s legal +custody. +It is intended to continue to keep neglectful or careless parents or +legal guardians up to a reasonable community standard of parental +responsibility through an objective test. +It shall be no defense that a parent was completely indifferent to the +activities or conduct or whereabouts of such minor. +.IP " 5." 4 +A police officer of the city, upon finding or having attention called to +any minor on the streets in prima facie violation of the curfew +regulations, normally shall take the minor to the city police station, +or other place designated by the chief of police, where a parent, or +legal guardian, shall immediately be notified to come for such minor, +whereupon they may be questioned about the necessary facts constituting +a violation of these regulations. +In the absence of convincing evidence such as a birth certificate, a +police officer on the street shall in the first instance use his best +judgment in determining age. +In the case of a first violation by a minor, the municipal court shall +cause to be personally delivered or, by certified mail, sent to a +parent, or legal guardian, written notice of the violation with a +warning that any subsequent violation will result in full enforcement of +the curfew regulations, including enforcement of parental responsibility +and of applicable penalties. +.IP " 6." 4 +If, after the warning notice pursuant to subsection (E) of this section +of a first violation by a minor, a parent or legal guardian violates the +section (in connection with a second violation by the minor), this shall +be treated as an offense by the parent or legal guardian. +The penalty, upon a plea of guilty, nolo contendere, or finding of +guilt, shall be punished as provided in section 1-108, or a term of +community service. +.LP +(Code 1999, § 10-505; Ord. +No. +85(94), 6-6-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid" -A "\c" \ + -- "Sec 10-506 False Representation As Blind, Crippled Or Physically Defective To Obtain Money, Aid" +\& +.LP +No person shall falsely represent himself as blind, deaf, dumb, crippled +or physically defective for the purpose of obtaining money or other +things of value, or to secure aid or assistance on account of such false +representation. +.PP +(Code 1999, § 10-506) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises" -A "\c" \ + -- "Sec 10-507 Prowling On Premises" +\& +.LP +No person shall be upon the property or premises of another with the +intent to peer or peep into the window or door of the dwelling. +.PP +(Code 1999, § 10-507) +.PP +\f[B]State Law reference\f[R]\[em] Peeping toms generally, 21 O.S. +§ 1171. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents" -A "\c" \ + -- "Sec 10-508 Misrepresenting Age By False Documents" +\& +.LP +No person shall, for the purpose of violating any statutes of the state +or any ordinances of the city, willfully and knowingly misrepresent his +age by presenting a false document purporting to state his true age or +by presenting a document not his own. +.PP +(Code 1999, § 10-508) +.PP +\f[B]State Law reference\f[R]\[em] Misrepresentation of age by false +documents, 21 O.S. +§ 1518 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications" -A "\c" \ + -- "Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other Electronic Communications" +\& +.IP " 1." 4 +It shall be unlawful for a person who, by means of a telecommunication +or other electronic communication device, willfully: +.RS 4 +.IP " 1." 4 +Makes any comment, request, suggestion, or proposal which is obscene, +lewd, lascivious, filthy, or indecent; +.IP " 2." 4 +Makes a telecommunication or other electronic communication with intent +to terrify, intimidate or harass, or threaten to inflict injury or +physical harm to any person or property of that person; +.IP " 3." 4 +Makes a telecommunication or other electronic communication, whether or +not conversation ensues, with intent to put the party called in fear of +physical harm or death; +.IP " 4." 4 +Makes a telecommunication or other electronic communication, whether or +not conversation ensues, without disclosing the identity of the person +making the call or communication and with intent to annoy, abuse, +threaten, or harass any person at the called number; +.IP " 5." 4 +Knowingly permits any telecommunication or other electronic +communication under the control of the person to be used for any purpose +prohibited by this section; and +.IP " 6." 4 +In conspiracy or concerted action with other persons, makes repeated +calls or electronic communications or simultaneous calls or electronic +communications solely to harass any person at the called numbers. +.RE +.IP " 2." 4 +As used in this section, the term \[dq]telecommunication\[dq] and +\[dq]electronic communication\[dq] mean any type of telephonic, +electronic or radio communications, or transmission of signs, signals, +data, writings, images and sounds or intelligence of any nature by +telephone, including cellular telephones, wire, cable, radio, +electromagnetic, photoelectronic or photo-optical system or the +creation, display, management, storage, processing, transmission or +distribution of images, text, voice, video or data by wire, cable or +wireless means, including the Internet. +The term \[dq]telecommunication\[dq] includes: +.RS 4 +.IP " 1." 4 +A communication initiated by electronic mail, instant message, network +call, or facsimile machine; and +.IP " 2." 4 +A communication made to a pager. +.RE +.IP " 3." 4 +Use of a telephone or other electronic communications facility under +this section shall include all use made of such a facility between the +points of origin and reception. +Any offense under this section is a continuing offense and shall be +deemed to have been committed at either the place of origin or the place +of reception. +.IP " 4." 4 +Any person who is convicted of the provisions of subsection (A) of this +section shall be punished pursuant to section 1-108. +.LP +(Code 1999, § 10-509; Ord. +No. +612(08), 1-22-2008) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1172. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House" -A "\c" \ + -- "Sec 10-510 Disorderly House" +\& +.IP " 1." 4 +A disorderly house means any structure or vehicle by which the peace, +comfort, health, welfare or decency of the public is disturbed by reason +of the people therein committing or resorting to any of the following +acts: +.RS 4 +.IP " 1." 4 +The sale, distribution, possession or use of any controlled dangerous +substance, the sale, distribution, possession or use of which is +declared unlawful by state statute; +.IP " 2." 4 +The violation of any of the ordinances of the city or statutes of the +state regulating the sale, distribution, possession or use of alcoholic +and nonintoxicating beverages as defined by law; +.IP " 3." 4 +The performance of any sexual act declared unlawful by state statute or +city ordinance, including, but not limited to, soliciting for purposes +of prostitution; or +.IP " 4." 4 +The violation of any state statute or city ordinance prohibiting +gambling. +.RE +.IP " 2." 4 +No person shall keep or maintain, or aid, abet or assist in keeping and +maintaining a disorderly house. +.IP " 3." 4 +No owner, lessee, lessor, or other person, partnership or corporation +having control over any house, building, structure, tent, vehicle, +mobile home, or recreational vehicle shall knowingly use, lease, +sublease or otherwise permit the use of same for the purpose of keeping +therein any disorderly house; and knowing or ascertaining that such +house, building, structure, tent, vehicle, mobile home, or recreational +vehicle is so occupied as a disorderly house, no persons, partnership or +corporation shall continue to grant permission to so use such premises +as a disorderly house. +.IP " 4." 4 +No person shall knowingly reside in, enter into, or remain in a +disorderly house. +In any prosecution for violation of this section, the city shall have +the burden to prove such knowledge by direct evidence only and not by +circumstantial evidence. +This section shall not apply to physicians or officers in the discharge +of their professional or official duties. +.LP +(Code 1999, § 10-510) +.PP +\f[B]State Law reference\f[R]\[em] Municipal power to regulate +disorderly houses and indecencies, 11 O.S. +§ 22-109. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure" -A "\c" \ + -- "Sec 10-511 Nudity, Improper Dress And Indecent Exposure" +\& +.LP +It is unlawful for any person to: +.IP " 1." 4 +Appear in any public place in the city in a state of nudity; +.IP " 2." 4 +Appear in any public place in the city in any offensive, indecent or +lewd dress; or +.IP " 3." 4 +Make an indecent public exposure of his person. +.LP +(Prior Code, § 16-37; Code 1999, § 10-511) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. +§ 1021. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices" -A "\c" \ + -- "Sec 10-512 Gambling And Gambling Devices" +\& +.IP " 1." 4 +Any person who plays or carries on, or opens or causes to be opened, or +who conducts, either as owner or employee, roulette, craps, or any +banking or percentage game, played with dice, cards or any other device, +for money, checks, credit or any representative of value, or any other +gambling game, is guilty of an offense. +.IP " 2." 4 +Any person who bets on or plays at any of the prohibited games mentioned +in subsection (A) of this section, or otherwise gambles, is guilty of an +offense. +.IP " 3." 4 +It is unlawful for any person to exhibit or expose to view in any +building, or in any part of or room in any building, any table, cards, +dice, roulette wheel or other article or apparatus designed for or used +for gambling purposes. +.IP " 4." 4 +It is unlawful for any person to keep, own, operate, use, conduct or +cause to be kept, operated, used or conducted, either as owner, manager, +dealer, clerk or employee, and whether for hire or not, any punch board, +machine, cards, game, parlay card or any other device or paraphernalia, +wherein or whereby any money or property or any representative of +either, or other valuable thing, may be played, bet, staked, wagered or +hazarded, won, lost or obtained upon any change, combination of numbers, +emblems or any uncertain or contingent event or condition, or football +or baseball contest. +.IP " 5." 4 +It is unlawful for any person to play any prohibited game described in +this section. +.IP " 6." 4 +It is unlawful for any person to bar or barricade any building, or any +part of or room in any building, in order to render the same difficult +of access or ingress to the police officers of the city, in which +building, or any part of or room in any such building, any table, cards, +dice, roulette wheel or other article or apparatus designed for or being +used for gambling purposes are exhibited or exposed to view. +.IP " 7." 4 +The apparatus and paraphernalia used in the conduct of any of the +gambling games prohibited by this section are hereby declared to be a +public nuisance and subject to seizure and suppression by any officer, +and shall be abated, forfeited and destroyed upon the order and decree +of any court of competent jurisdiction. +.IP " 8." 4 +It is unlawful for any person to knowingly be about in the immediate +vicinity where a person is gambling, whether by playing games, operating +a slot machine or other device, or otherwise. +.IP " 9." 4 +Nothing herein contained shall be construed to prevent the sponsoring +and operation of bingo games by nonprofit religious, fraternal, +charitable or educational organizations, provided the organizations are +properly licensed and operated in accordance with law. +.LP +(Prior Code, §§ 16-31, 16-32; Code 1999, § 10-512) +.PP +\f[B]State Law reference\f[R]\[em] Gambling generally, 21 O.S. +§ 941 et seq.; search and seizure of equipment used for gambling, 22 +O.S. +§ 1261 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited" -A "\c" \ + -- "Sec 10-513 Prostitution Prohibited" +\& +.IP " 1." 4 +As used in this section, the term \[dq]prostitution\[dq] means and +includes the getting or receiving of the body for sexual intercourse for +hire and includes the giving or receiving of the body for indiscriminate +sexual intercourse without hire. +.IP " 2." 4 +It is unlawful: +.RS 4 +.IP " 1." 4 +To engage in prostitution, lewdness or assignation; +.IP " 2." 4 +To solicit, induce, entice or procure another to commit an act of +lewdness, assignation or prostitution; or +.IP " 3." 4 +To aid, abet or participate in the doing of any of the acts herein +prohibited. +.RE +.IP " 3." 4 +No person shall in any way or manner whatever, keep, harbor or house any +prostitute. +.IP " 4." 4 +No person shall entice or attempt to entice any female into a house of +prostitution, or have illicit sexual intercourse with any female under +18 years of age. +.IP " 5." 4 +No person shall keep or maintain a house of prostitution or house of +assignation. +.IP " 6." 4 +No person shall lease, let or furnish any building, room, tent or +structure of any kind, or any conveyance used or to be used as a place +of prostitution or assignation within the city, or knowingly permit the +same to be so used. +.IP " 7." 4 +No person shall knowingly accept, receive, levy or appropriate any money +or other thing of value without consideration from a prostitute or from +the proceeds of any women engaged in prostitution. +.IP " 8." 4 +No person shall offer, or offer to secure another for the purpose of +prostitution, or for any other lewd or indecent act. +.IP " 9." 4 +No person shall direct, take or transport, or offer or agree to take or +transport or aid or assist in transporting, any person to any house, +place, building or other structure, vehicle, trailer or other +conveyance, or to any other person with knowledge or having reasonable +cause to believe that the purpose of such directing, taking or +transporting is prostitution, lewdness or assignation. +.LP +(Prior Code, § 16-36; Code 1999, § 10-513) +.PP +\f[B]State Law reference\f[R]\[em] Definition of prostitution, 21 O.S. +§ 1030; soliciting, 21 O.S. +§ 1029; pimping, 21 O.S. +§ 1081. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools" -A "\c" \ + -- "Sec 10-514 Offenses Near Schools" +\& +.LP +No person shall engage in any of the conduct or acts hereinafter set +forth around, in or near any school or school grounds or streets and +alleys adjacent to any school: +.IP " 1." 4 +Any conduct that would disturb the orderly conduct of the school; +.IP " 2." 4 +Annoying or molesting any student or employee of the school; +.IP " 3." 4 +Lewd or wanton conduct in, near or around any of the schools or school +grounds or streets and alleys adjacent to the schools; +.IP " 4." 4 +Moving or parking any vehicle in the vicinity of any school for the +purpose of annoying or molesting any student or employee of the school; +or +.IP " 5." 4 +Any other act or conduct calculated to or likely to annoy or molest any +student or employee of such school. +.LP +(Code 1999, § 10-514) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property" -A "\c" \ + -- "Sec 10-515 Sleeping In Places, Property" +\& +.LP +It is unlawful for any person, without lawful reason, between the hours +of 12:00 midnight and sunrise, to sleep on any street, in any other +public place, or on any property of another without the expressed or +tacit consent of the owner or person in charge of such place. +.PP +(Code 1999, § 10-515) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor" -A "\c" \ + -- "Sec 10-516 Contributing To Delinquency Of A Minor" +\& +.IP " 1." 4 +The term \[dq]any person,\[dq] as used in this section, means any human +being, without regard to the legal or natural relationship to a minor, +as well as legal or corporate entities. +The term \[dq]minor\[dq] means any person under the age of 18 years. +.IP " 2." 4 +Any person who shall knowingly or willfully cause, aid, abet or +encourage a minor to be, to remain, or to become a delinquent child, as +defined by state law, shall be guilty of an offense. +.LP +(Prior Code, § 16-16; Code 1999, § 10-516) +.PP +\f[B]State Law reference\f[R]\[em] Contributing to delinquency of +minors, 21 O.S. +§ 856 et seq. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco" -A "\c" \ + -- "Sec 10-517 Prevention Of Youth Access To Tobacco" +\& +.IP " 1." 5 +\f[I]Definitions\f[R]. +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning:\ +.RS 5 +.IP " 1." 4 +\f[I]Nicotine Product\f[R] means any product that contains nicotine +extracted or isolated from plants, vegetables, fruit, herbs, weeds, +genetically modified organic matter, or that is synthetic in origin and +is intended for human consumption; provided, however, this term shall +not include products approved by the United States Food and Drug +Administration for smoking cessation. +.br +.IP " 2." 4 +\f[I]Person\f[R] means any individual, firm, fiduciary, partnership, +corporation, trust, or association, however formed.\ +.IP " 3." 4 +\f[I]Proof of age\f[R] means a driver\[aq]s license, license for +identification only, or other generally accepted means of identification +that describes the individual as 21 years of age or older and contains a +photograph or other likeness of the individual and appears on its face +to be valid.\ +.IP " 4." 4 +\f[I]Sample\f[R] means a tobacco product, nicotine product or vapor +product distributed to members of the public at no cost for the purpose +of promoting the product.\ +.IP " 5." 4 +\f[I]Tobacco product\f[R] means any product that contains tobacco and is +intended for human consumption.\ +.IP " 6." 4 +\f[I]Transaction scan\f[R] means the process by which a seller checks, +by means of a transaction scan device, the validity of a driver\[aq]s +license or other government-issued photo identification.\ +.IP " 7." 4 +\f[I]Transaction scan device\f[R] means any commercial device or +combination of devices used at a point of sale or entry that is capable +of deciphering in an electronically readable format the information +encoded on the magnetic strip or bar code of a driver\[aq]s license or +other government-issued photo identification.\ +.IP " 8." 4 +\f[I]Vapor products\f[R] means noncombustible products, that may or may +not contain nicotine, that employ a mechanical heating element, battery, +electronic circuit, or other mechanism, regardless of shape or size, +that can be used to produce a vapor in a solution or other form. +The term \[dq]vapor products\[dq] shall include any vapor cartridge or +other container with or without nicotine or other form that is intended +to be used with an electronic cigarette, electronic cigar, electronic +cigarillo, electronic pipe, or similar product or device and any vapor +cartridge or other container of a solution, that may or may not contain +nicotine, that is intended to be used with or in an electronic +cigarette, electronic cigar, electronic cigarillo or electronic device. +The term \[dq]vapor products\[dq] do not include any products regulated +by the United States Food and Drug Administration under chapter V of the +Food, Drug, and Cosmetic Act. +.RE +.IP " 2." 5 +\f[I]Furnishing or sale of tobacco products, nicotine products or vapors +to minors\f[R]. +.RS 5 +.IP " 1." 4 +It shall be unlawful and an offense for any person to sell, give, or +furnish in any manner any tobacco product, nicotine product, nicotine +product or vapor product to another person who is under 21 years of age +or to purchase in any manner a tobacco product or vapor product on +behalf of any such person. +It shall not be unlawful for an employee under 21 years of age to handle +tobacco products, nicotine or vapor product when required in the +performance of the employee\[aq]s duties. +.IP " 2." 4 +Any person engaged in the sale or distribution of tobacco products or +vapor products shall demand proof of age from a prospective purchaser or +recipient if an ordinary person would conclude on the basis of +appearance that the prospective purchaser may be under 21 years of age. +If an individual engaged in the sale or distribution of tobacco +products, nicotine product, nicotine products or vapor products has +demanded and was shown proof of age from a prospective purchaser or +recipient who is not under 21years of age, the failure to subsequently +require proof of age shall not constitute a violation of this +subsection. +.IP " 3." 4 +If the sale of a tobacco product, nicotine product or vapor product to a +minor is made by an employee of the owner of a store at which these +products are sold at retail, the employee shall be guilty of the +violation and shall be subject to the fine. +If employees of the owner of the store at which tobacco products, +nicotine products or vapor products are sold at retail are found to be +in violation of this section, the owner of the store, if the owner knew +of the employee\[aq]s previous violations, shall also be found to be in +violation and shall be subject to an identical fine. +An owner of a store licensed to sell tobacco products, nicotine products +or vapor products shall not be deemed in violation of the provisions of +subsection (B)(1) or (2) of this section for any acts constituting a +violation by an employee of the store owner, if the violation occurred +prior to actual employment of the person by the store owner, or the +violation occurred at a location other than the owner\[aq]s store. +.IP " 4." 4 +Penalty. +Any person violating the provisions of subsection (B)(1) or (2) of this +section shall be guilty of an offense and, upon conviction, shall be +punished by a fine in the amount of not less than $25.00 nor more than +$200.00. +.IP " 5." 4 +Record to be sent to the alcoholic beverage laws enforcement commission. +Upon conviction for violating the provisions of subsection (B)(1) or (2) +of this section, a report of the conviction of the person shall be +forwarded by the municipal court clerk of the city to the alcoholic +beverage laws enforcement (\[dq]ABLE\[dq]) commission for possible +administrative action. +.IP " 6." 4 +Defenses. +Proof that the defendant demanded, was shown, and reasonably relied upon +proof of age shall be a defense to prosecution under subsection (B)(1) +or (2) of this section. +A person cited for violation of this section shall be deemed to have +reasonably relied upon proof of age, and such person shall not be found +guilty of such violation, if such person proves that: +.RS 4 +.IP " 1." 4 +The individual who purchased or received the tobacco product, nicotine +product or vapor product presented a driver\[aq]s license or other +government-issued photo identification purporting to establish that such +individual was 21 years of age or older; and +.IP " 2." 4 +The person cited for the violation confirmed the validity of the +driver\[aq]s license or other government-issued photo identification +presented by such individual by performing a transaction scan by means +of a transaction scan device; +.br +provided that this defense shall not relieve from liability any person +cited for a violation of this section if such person failed to exercise +reasonable diligence to determine whether the physical description and +picture appearing on the driver\[aq]s license or other government-issued +photo identification was that of the individual who presented it. +The availability of the defense described in this subsection (6) does +not affect the availability of any other defense under any other +provision of law. +.RE +.IP " 7." 4 +Notice to be sent to the department of public safety. +Upon failure of the employee to pay the fine within 90 days of the day +of the assessment of such fine, the clerk of the municipal court shall +notify the department of public safety and the department shall suspend +or not issue a driver\[aq]s license to the employee until proof of +payment has been furnished to the department of public safety. +Upon failure of a store owner to pay the fine within 90 days of the +assessment of such fine, the clerk of the municipal court shall notify +the state tax commission and the state tax commission shall suspend the +store\[aq]s license to sell tobacco products until proof of payment has +been furnished to the state tax commission. +.IP " 8." 4 +For purposes of determining the liability of a person controlling +franchises or business operations in multiple locations for any +violation of subsection (B)(1) or (2) of this section, each individual +franchise or business location shall be deemed a separate entity. +.RE +.IP " 3." 5 +\f[I]Receipt of tobacco product, nicotine products or vapor products by +minors\f[R] +.RS 5 +.IP " 1." 4 +It is unlawful for a person who is under twenty-one (21) years of age to +purchase, receive, or have in his or her possession a tobacco product, +nicotine product or vapor product, or to present or offer to any person +any purported proof of age which is false or fraudulent, for the purpose +of purchasing or receiving any tobacco product, nicotine product or +vapor product or to present or offer to any person purported proof of +age which is false or fraudulent, for the purpose of purchasing or +receiving any tobacco product, nicotine product or vapor product. +It shall not be unlawful for an employee under twenty-one (21) years of +age to handle tobacco products, nicotine products or vapor products when +in the performance of the employee\[aq]s duties. +.IP " 2." 4 +Penalty. +Any person violating the provisions of subsection (C)(1) of this section +shall be guilty of an offense and, upon conviction, shall complete an +education or tobacco use cessation program approved by the court. +.IP " 3." 4 +If the violator fails to complete the tobacco use cessation program +ordered by the court, a fine may be imposed that shall not exceed Fifty +Dollars ($50.00) for a first offense or One Hundred Dollard ($100.00) +for subsequent offenses. +.IP " 4." 4 +The violator may also be required to complete a community service +program or other appropriate programs or services as ordered by the +court. +.IP " 5." 4 +They city shall establish rules to provide for notification to a parent +or guardian of any minor cited for a violation of this section. +.RE +.IP " 4." 5 +\f[I]Distribution of tobacco product, nicotine product or vapor product +samples\f[R]. +.RS 5 +.IP " 1." 4 +It shall be unlawful and an offense for any person to distribute tobacco +product samples or vapor product samples to any person under 21 years of +age. +.IP " 2." 4 +Notwithstanding subsection (D)(1) of this section, no person shall +distribute tobacco product samples, nicotine samples, nicotine product +samples or vapor product samples in or on any public street, sidewalk, +or park that is within 300 feet of any playground, school, or other +facility when the facility is being used primarily by persons under 21 +years of age. +.IP " 3." 4 +Penalty. +Any person violating the provisions of subsection (D)(1) or (2) of this +section shall be guilty of an offense and, upon conviction, shall be +punished by a fine in the amount of not less than $25.00 nor more than +$200.00. +.IP " 4." 4 +Notice to be sent to the department of public safety. +Upon failure of an individual to pay any fine within 90 days of the +assessment of such fine, the clerk of the municipal court shall notify +the department of public safety, and the department shall suspend or not +issue a driver\[aq]s license to the individual until proof of payment +has been furnished to the department of public safety. +.RE +.IP " 5." 5 +\f[I]Sale of tobacco products except in original sealed package\f[R]. +.RS 5 +.IP " 1." 4 +It is unlawful and an offense for any person to sell cigarettes except +in the original, sealed package in which they were placed by the +manufacturer. +.IP " 2." 4 +Any person violating the provisions of subsection (E)(1) of this section +shall be guilty of an offense and, upon conviction, shall be punished by +a fine of not more than $200.00, excluding costs, fees and assessments, +for each offense. +.RE +.IP " 6." 5 +\f[I]Signs in retail establishments required\f[R]. +.RS 5 +.IP " 1." 4 +Every person who sells or displays tobacco products, nicotine products +or vapor products at retail shall post conspicuously and keep so posted +at the place of business a sign, as specified by the alcoholic beverage +laws enforcement (ABLE) commission, stating the following: +.br +\[dq]IT\[aq]S THE LAW, WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE +PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.\[dq] +.br +The sign shall also provide the toll-free number operated by the +alcoholic beverage laws enforcement (ABLE) commission for the purpose of +reporting violations of the Prevention of Youth Access to Tobacco Act. +.IP " 2." 4 +Any person violating the provisions of subsection (F)(1) of this section +shall be guilty of an offense and, upon conviction, shall be punished by +a fine of not more than $50.00, excluding costs, fees and assessments, +for each day a violation occurs. +Each day a violation is continuing shall constitute a separate offense. +The notice required by subsection (F)(1) of this section shall be the +only notice required to be posted or maintained in any store that sells +tobacco products, nicotine products, or vapor products at retail. +.RE +.IP " 7." 5 +\f[I]Notice to retail employees\f[R]. +.RS 5 +.IP " 1." 4 +Every person engaged in the business of selling tobacco products at +retail shall notify each individual employed by that person as a retail +sales clerk that state law: +.RS 4 +.IP " 1." 4 +Prohibits the sale or distribution of tobacco products, nicotine +products or vapor products to any person under 21 years of age and the +purchase or receipt of these products by any person under 21 years of +age; and +.IP " 2." 4 +Requires that proof of age be demanded from a prospective purchaser or +recipient if an ordinary person would conclude on the basis of +appearance that the prospective purchaser or recipient may be under 21 +years of age. +.RE +.IP " 2." 4 +This notice shall be provided before the individual commences work as a +retail sales clerk. +The individual shall signify that he has received the notice required by +this section by signing a form stating as follows: +.br +\[dq]I understand that state law prohibits the sale or distribution of +tobacco products, nicotine productsor vapor products to persons under 21 +years of age and out-of-package sales, and requires proof of age of +purchaser or recipient if an ordinary person would conclude on the basis +of appearance that the prospective purchaser or recipient may be under +21 years of age. +I promise, as a condition of my employment, to obey the law. +I understand that violations by me may be punishable by fines, +suspension, or non-issuance of my driver\[aq]s license. +In addition, I understand that violations by me may subject the store +owner to fines or license suspension.\[dq] +.RE +.IP " 8." 5 +\f[I]Vending machine sales restricted\f[R]. +.RS 5 +.IP " 1." 4 +It shall be unlawful for any person to sell tobacco products, nicotine +products or vapor products through a vending machine unless the vending +machine is located: +.RS 4 +.IP " 1." 4 +In areas of factories, businesses, offices, or other places that are not +open to the public; or +.IP " 2." 4 +In places that are open to the public, but to which persons under 21 +years of age are not admitted. +.RE +.IP " 2." 4 +Any person violating the provisions of subsection (H)(1) of this section +shall be guilty of an offense and, upon conviction, shall be punished by +a fine of not more than $200.00, excluding costs, fees and assessments, +for each offense. +.RE +.IP " 9." 5 +\f[I]Display or sale of tobacco products, nicotine products or vapor +products\f[R]. +.RS 5 +.IP " 1." 4 +It is unlawful for any person or retail store to display or offer for +sale tobacco products, nicotine products or vapor products in any manner +that allows public access to the product without assistance from the +person displaying the tobacco product, nicotine product or vapor product +or an employee or the owner of the store. +The provisions of this subsection shall not apply to retail stores which +do not admit into the store persons under 21 years of age. +.IP " 2." 4 +Any person violating the provisions of subsection (I)(1) of this section +shall be guilty of an offense and, upon conviction, shall be punished by +a fine of not more than $200.00, excluding costs, fees and assessments, +for each offense. +.RE +.IP " 10." 5 +\f[I]Prohibiting possession or sale of tobacco, nicotine or vapor use +device or material\f[R]. +.RS 5 +.IP " 1." 4 +It is unlawful for any person who is under 21 years of age to possess +any material or device used in the smoking, chewing, or other method of +consumption of tobacco, including cigarette papers, pipes, holders of +smoking materials or all types, and other items designed primarily for +the smoking or ingestion of tobacco products. +.IP " 2." 4 +It is unlawful for any person to sell, give or furnish in any manner to +another person who is under 21 years of age any material or device used +in the smoking, chewing, or other method of consumption of tobacco, +nicotine or vapor products, including cigarette papers, pipes, holders +of smoking materials or all types, and other items designed primarily +for the smoking or ingestion of these products. +.IP " 3." 4 +Any person violating the provisions of subsection (J)(1) or (2) of this +section shall be guilty of an offense and, upon conviction, shall be +punished by a fine of not more than $200.00, excluding costs, fees and +assessments, for each offense. +.RE +.IP " 11." 5 +\f[I]Restrictions on manner of enforcement\f[R]. +.RS 5 +.IP " 1." 4 +Any conviction for a violation of subsections (B) through (I) of this +section and compliance checks conducted by the city pursuant to +subsection (K)(2) of this section shall be reported in writing to the +alcoholic beverage laws enforcement (ABLE) commission within 30 days of +the conviction or compliance check. +Such reports shall be compiled in the manner prescribed by the ABLE +commission. +.IP " 2." 4 +Persons under 21 years of age may be enlisted by the city to assist in +enforcement of subsections (B) through (I) of this section, provided +such persons may be used to test compliance only if written parental +consent has been provided and the testing is conducted under the direct +supervision of the alcoholic beverage laws enforcement (ABLE) commission +or conducted by another law enforcement agency if such agency has given +written notice to the ABLE commission in the manner prescribed by the +ABLE commission. +The city may conduct, pursuant to rules of the ABLE commission, +compliance checks without prior notification to the ABLE commission and +shall be exempt from the written notice requirement of this subsection. +This subsection shall not apply to the use of persons under 21 years of +age to test compliance if the compliance test is being conducted by or +on behalf of a retailer of cigarettes, as defined in 68 O.S. +§ 301, at any location the retailer of cigarettes is authorized to sell +cigarettes. +.RE +.LP +(Prior Code, § 16-17; Code 1999, § 10-517; Ord. +No. +336(01), 10-15-2001; Ord. +No. +582(07), 5-21-2007) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. +§ 600.1 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf" -A "\c" \ + -- "842(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1633553323_Ordinance%20958(20).pdf" -A "\c" \ + -- "958(20)" +\& on 12/21/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1016.22.pdf" -A "\c" \ + -- "1016.22" +\& on 10/17/2022 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1035.23.pdf" -A "\c" \ + -- "1035.23" +\& on 10/2/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors" -A "\c" \ + -- "Sec 10-518 Display Of Material Harmful To Minors" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +A reasonable bona fide attempt\f[R] means an attempt to ascertain the +true age of the minor by requiring production of a driver\[aq]s license, +marriage license, birth certificate or other governmental or educational +identification card or paper and not relying solely on the oral +allegations or apparent age of the minor. +.br +\f[I] +.br +Harmful to minors\f[R] means that quality of any description, +exhibition, presentation or representation, in whatever form, of nudity, +sexual conduct, sexual excitement, or sadomasochistic abuse when the +material or performance, taken as a whole, has the following +characteristics: +.RS 4 +.IP " 1." 4 +The average person 18 years of age or older applying contemporary +community standards would find that the material or performance has a +predominant tendency to appeal to a prurient interest in sex to minors; +.IP " 2." 4 +The average person 18 years of age or older applying contemporary +community standards would find that the material or performance depicts +or describes nudity, sexual conduct, sexual excitement or +sadomasochistic abuse in a manner that is patently offensive to +prevailing standards in the adult community with respect to what is +suitable for minors; and +.IP " 3." 4 +The material or performance lacks serious literary, scientific, +artistic, or political value for minors. +\f[I]Knowingly\f[R] means having general knowledge of, or reason to +know, or a belief or ground for belief which warrants further inspection +or inquiry of both: +.IP " 1." 4 +The character and content of any material or performance which is +reasonably susceptible of examination by the defendant; and +.IP " 2." 4 +The age of the minor. +However, a honest mistake shall constitute an excuse from liability +pursuant to this subsection if the defendant made a reasonable bona fide +attempt to ascertain the true age of such minor. +\f[I]Material\f[R] means any book, magazine, newspaper, pamphlet, +poster, print, picture, figure, image, description, motion picture film, +record, recording tape, or video tape, whether in its original form or +any digital format. +.br +\f[I] +.br +Minor\f[R] means any unmarried person under the age of 18 years. +.br +\f[I] +.br +Nudity\f[R] means the: +.IP " 1." 4 +Showing of the human male or female genitals, pubic area, or buttocks +with less than a full opaque covering; +.IP " 2." 4 +Showing of the female breast with less than a full opaque covering of +any portion of the female breast below the top of the nipple; or +.IP " 3." 4 +Depiction of covered male genitals in a discernibly turgid state. +\f[I]Performance\f[R] means any motion picture, film, video tape, played +record, phonograph or tape, preview, trailer, play, show, skit, dance or +other exhibition performed or presented to or before an audience of one +or more, with or without consideration. +.br +\f[I] +.br +Person\f[R] means any individual, partnership, association, corporation, +or other legal entity of any kind. +.br +\f[I] +.br +Sexual conduct\f[R] means acts of masturbation, homosexuality, sexual +intercourse, or physical contact with a person\[aq]s clothed or +unclothed genitals, pubic area, buttocks, or, if such person is a +female, breast. +.br +\f[I] +.br +Sexual excitement\f[R] means the condition of human male or female +genitals when in a state of sexual stimulation or arousal. +.br +\f[I] +.br +Sadomasochistic abuse\f[R] means flagellation or torture by or upon a +person clothed or naked or the condition of being fettered, bound or +otherwise physically restrained on the part of the one so clothed or +naked. +.RE +.IP " 2." 4 +No person having custody, control or supervision of any commercial +establishment shall knowingly: +.RS 4 +.IP " 1." 4 +Display material which is harmful to minors in such a way that minors, +as a part of the invited general public, will be exposed to view such +material; provided, however, a person shall be deemed not to have +displayed material harmful to minors if the material is kept behind +devices commonly known as \[dq]binder racks\[dq] so that the lower +two-thirds of the material is not exposed to view; +.IP " 2." 4 +Sell, furnish, present, distribute, allow to view, or otherwise +disseminate to a minor, with or without consideration, any material +which is harmful to minors; or +.IP " 3." 4 +Present to a minor or participate in presenting to a minor, with or +without consideration, any performance which is harmful to a minor. +.RE +.IP " 3." 4 +Any person convicted of violating any provision of subsection (B) of +this section shall be guilty of a misdemeanor and, upon conviction, +shall be punished as set forth in section 1-108. +Each day that a violation of subsection (B) of this section occurs or +continues shall constitute a separate offense and shall be punishable as +a separate violation. +Every act or transaction prohibited by subsection (B) of this section +shall constitute a separate offense as to each item, issue or title +involved and shall be punishable as such. +For the purpose of this section, multiple copies of the same identical +title, monthly issue, volume and number issue or other such identical +material shall constitute a single offense. +.LP +(Code 1999, § 10-518; Ord. +No. +36(92), 10-19-1992) +.PP +\f[B]State Law reference\f[R]\[em] Material harmful to minors, 21 O.S. +§ 1040.76 et seq. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf" -A "\c" \ + -- "842(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors" -A "\c" \ + -- "Sec 10-519 Spray Paint Restrictions For Minors" +\& +.IP " 1." 4 +Definitions. +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Minor\f[R] means any individual under the age of 18 years of age. +.br +\f[I]Person\f[R] means any individual, firm, association, partnership or +corporation, selling or offering for sale any item prohibited by this +section. +.IP " 2." 4 +Prohibited conduct. +.RS 4 +.IP " 1." 4 +No person shall sell to any minor any aerosol container of paint (spray +paint) capable of defacing property unless such minor is accompanied by +a parent or a guardian; +.IP " 2." 4 +Any person selling or offering for sale any aerosol container of paint +shall require bona fide evidence of majority and identity. +Bona fide evidence of majority and identity shall be established only by +a document issued by a federal, state, county or municipal government, +including, but not limited to, a motor vehicle operator\[aq]s license, a +registration certificate issued under the federal Selective Service Act +or an identification card issued to a member of the armed forces; +.IP " 3." 4 +Proof that the defendant, or his employee or agent, demanded, was shown +and acted in reliance upon such bona fide evidence in any sale +transaction forbidden hereby shall be a defense to any criminal +prosecution therefor. +.RE +.IP " 3." 4 +Any person who owns, manages or operates a place of business wherein +aerosol containers of paint capable of defacing property are sold shall +conspicuously post at the place of display of the containers for sale +and at the place of sale (cash register) a sign in letters at least +one-half inch in height, \[dq]Spray Paint Shall Not Be Sold To +Minors.\[dq] +.IP " 4." 4 +Any person who has reached the age of majority who shall give, trade, or +otherwise provide to any minor any aerosol container of paint used in +the actual application of graffiti or defacement of property shall be +guilty of an offense and shall, upon conviction, be punished as +prescribed. +.IP " 5." 4 +Any person convicted for an offense in violation of this section shall, +upon conviction, be punished as provided in section 1-108. +.LP +(Code 1999, § 10-519; Ord. +No. +72(94), 1-3-1994) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY" -A "\c" \ + -- "CHAPTER 10-6 OFFENSES AGAINST PUBLIC AUTHORITY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody" -A "\c" \ + -- "Sec 10-601 Escaping Custody" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape" -A "\c" \ + -- "Sec 10-602 Conveying Instruments To Assist Escape" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape" -A "\c" \ + -- "Sec 10-603 Assisting Prisoner To Escape" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement" -A "\c" \ + -- "Sec 10-604 Delivery Of Articles To Person In Confinement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer" -A "\c" \ + -- "Sec 10-605 Assaulting City Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer" -A "\c" \ + -- "Sec 10-606 Resisting A Police Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter" -A "\c" \ + -- "Sec 10-607 Obedience To Orders Of Police And Firefighter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle" -A "\c" \ + -- "Sec 10-608 Eluding Police Officer By Motor Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle" -A "\c" \ + -- "Sec 10-609 Use Of Siren Or Whistle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer" -A "\c" \ + -- "Sec 10-610 Impersonating A Police Officer Or Any City Officer" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints" -A "\c" \ + -- "Sec 10-611 False Statements, Reports Or Complaints" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms" -A "\c" \ + -- "Sec 10-612 False Alarms" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades" -A "\c" \ + -- "Sec 10-613 Removal Of Barricades" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials" -A "\c" \ + -- "Sec 10-614 Resisting Public Officials" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies" -A "\c" \ + -- "Sec 10-615 Duties Of The Public At Fires, Emergencies" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment" -A "\c" \ + -- "Sec 10-616 Tampering With Signs, Equipment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties" -A "\c" \ + -- "Sec 10-617 Interfering With Police Dog In Performing Functions Or Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence" -A "\c" \ + -- "Sec 10-618 Destroying, Tampering With Evidence" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody" -A "\c" \ + -- "Sec 10-601 Escaping Custody" +\& +.LP +No person lawfully in custody or confined in the city jail, before or +after conviction for any violation of the ordinances of the city, or +held in custody going to the city jail, or working upon the streets or +other public grounds of the city or in custody of any officer of the +city, shall break or attempt to break such city jail or custody, and +escape or attempt to escape therefrom. +.PP +(Prior Code, § 16-125; Code 1999, § 10-601; Ord. +No. +506, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Escapes, 21 O.S. +§ 444. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape" -A "\c" \ + -- "Sec 10-602 Conveying Instruments To Assist Escape" +\& +.LP +No person shall convey into the city jail any disguised instrument or +any thing proper or useful to facilitate the escape of any prisoner +lawfully committed to or detained in the city jail for any violation of +the city ordinances, for any criminal offense, or lawfully detained or +imprisoned therein, whether such escape is effected or attempted or not. +.PP +(Code 1999, § 10-602) +.PP +\f[B]State Law reference\f[R]\[em] Conveying instruments to assist +escape, 21 O.S. +§ 438. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape" -A "\c" \ + -- "Sec 10-603 Assisting Prisoner To Escape" +\& +.LP +No person shall in any way aid, remove or assist any person to resist or +escape from custody of any police officer or from any lawful confinement +in the city. +.PP +(Prior Code, § 16-124; Code 1999, § 10-603; Ord. +No. +506, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Assisting prisoner to escape, 21 O.S. +§§ 437, 441. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement" -A "\c" \ + -- "Sec 10-604 Delivery Of Articles To Person In Confinement" +\& +.LP +No person shall deliver any article or thing to any person under arrest +without the consent of the officer having charge and custody of the +prisoner. +.PP +(Code 1999, § 10-604; Ord. +No. +506, 2-5-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer" -A "\c" \ + -- "Sec 10-605 Assaulting City Officer" +\& +.LP +No person shall knowingly assault, batter, or assault and batter any +city officer or official while in the performance of their duties. +.PP +(Code 1999, § 10-605; Ord. +No. +505, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Assaulting law officer, 21 O.S. +§§ 649, 650. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer" -A "\c" \ + -- "Sec 10-606 Resisting A Police Officer" +\& +.IP " 1." 4 +It is unlawful to resist, oppose or assault, prevent, fail to cooperate +with or in any way interfere with a police officer or any person duly +authorized to act as such, while the officer or person is discharging or +attempting to discharge his official duties within the limits of the +city. +.IP " 2." 4 +It is unlawful for any person to warn or signal another so as to assist +such other person to flee, escape or evade an officer seeking to make an +arrest or for any person to bar or lock any door or barrier in the face +of or in front of an approaching officer. +.IP " 3." 4 +Resisting an officer is the intentional opposition or resistance to, or +obstruction of, an individual acting in his official capacity, and +authorized by law to make a lawful arrest or seizure of property, or to +serve any lawful process or court order, when the offender knows or has +reason to know that the person arresting, seizing property, or serving +process is acting in his official capacity. +.IP " 4." 4 +The term \[dq]obstruction of\[dq] shall, in addition to their common +meaning, include: +.RS 4 +.IP " 1." 4 +Flight by one sought to be arrested before the arresting officer can +restrain him and after notice is given that he is under arrest; +.IP " 2." 4 +Any violence toward or any resistance or opposition to the arresting +officer after the arrested party is actually placed under arrest and +before he is under arrest; or +.IP " 3." 4 +Refusal by the arrested party to give his name and make his identity +known to the arresting officer. +.RE +.LP +(Prior Code, § 16-122; Code 1999, § 10-606; Ord. +No. +506, 2-5-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter" -A "\c" \ + -- "Sec 10-607 Obedience To Orders Of Police And Firefighter" +\& +.LP +No person shall fail to heed a reasonable order of a police officer or +firefighter while such officer is in the discharge of an official duty +in maintaining the public safety or welfare. +.PP +(Code 1999, § 10-608) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle" -A "\c" \ + -- "Sec 10-608 Eluding Police Officer By Motor Vehicle" +\& +.LP +No operator of a motor vehicle who has received a visual or audible +signal, a red light or a siren from a police officer driving a motor +vehicle, showing the same to be an official police, sheriff or highway +patrol car directing the operator to bring his vehicle to a stop, shall +willfully increase his speed or extinguish his lights to elude or +attempt to elude such police officer, or attempt in any other manner to +elude the police officer. +.PP +(Code 1999, § 10-609) +.PP +\f[B]State Law reference\f[R]\[em] Eluding police officer, 21 O.S. +§ 540A. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle" -A "\c" \ + -- "Sec 10-609 Use Of Siren Or Whistle" +\& +.IP " 1." 4 +No person shall use any police whistle or any other instrument used by a +police officer to give signals to each other, or imitate any signal +given by one police officer to another or any special signal used by +police officers, for the purpose of improperly or causelessly attracting +the attention of the police. +.IP " 2." 4 +No person, except members of police department, fire department or +ambulance services, shall ring, use or otherwise sound any siren or any +other device for making similar noise. +.LP +(Code 1999, § 10-610) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer" -A "\c" \ + -- "Sec 10-610 Impersonating A Police Officer Or Any City Officer" +\& +.IP " 1." 4 +No person, other than police officers of the city, shall wear or carry +the uniform, apparel, badge, identification card or any other insignia +of office like or similar to, or a colorable imitation of that adopted +and worn or carried by the police officers of the city. +.IP " 2." 4 +No person shall do or attempt any act to impersonate a police officer. +.IP " 3." 4 +It is unlawful to falsely impersonate any officer or employee of the +city, or falsely represent himself to be an officer or employee of the +city, by any kind of representation, pretense, insignia, sound, clothing +or conduct, or exercise or attempt to exercise any of the duties, +functions or powers of an officer or employee of the city without being +authorized to do so. +.LP +(Prior Code, § 16-126; Code 1999, § 10-611; Ord. +No. +506, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Impersonating public officers, 21 +O.S. +§§ 263, 264, 1533. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints" -A "\c" \ + -- "Sec 10-611 False Statements, Reports Or Complaints" +\& +.IP " 1." 4 +No person shall knowingly make or file or cause to be made or filed a +false or misleading report or misrepresentation, allegation or complaint +with the police department or any officer or employee of the city, or on +any official application or to commit perjury before any tribunal of the +city. +.IP " 2." 4 +No person shall willfully and without probable cause make a false report +to any person of any crime, violation of the city\[aq]s ordinances, or +circumstances indicating the possibility of crime or violation having +been committed, including, but not limited to, the unlawful taking of +personal property, which report causes or encourages the exercise of +police or other official action or investigation. +.LP +(Code 1999, § 10-612) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms" -A "\c" \ + -- "Sec 10-612 False Alarms" +\& +.LP +It is unlawful for any person to turn in a false alarm of any nature or +in any manner to deceive or attempt to deceive the fire department, +police department or any other emergency personnel, or summon any +officer or employee thereof with reference to any fire alarm or reported +fire, accident or other emergency or knowingly to cause the fire +department or police department or its officers or employees to make a +useless or unnecessary run to any part of the city or outside the city. +.PP +(Prior Code, § 9-1; Code 1999, § 10-613; Ord. +No. +506, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] False fire alarms, 21 O.S. +§ 1851. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades" -A "\c" \ + -- "Sec 10-613 Removal Of Barricades" +\& +.LP +It is unlawful for any person, except by proper authority, to remove any +barricade or obstruction placed by authority of the city to keep traffic +off any pavement, street, curb, sidewalk or other area. +.PP +(Code 1999, § 10-614; Ord. +No. +506, 2-5-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials" -A "\c" \ + -- "Sec 10-614 Resisting Public Officials" +\& +.LP +It is unlawful for any person knowingly or willfully to: +.IP " 1." 4 +Resist, oppose or obstruct the chief of police, any other police +officer, the municipal judge, or any other officer or employee of the +city in the discharge of his official duties; +.IP " 2." 4 +Obstruct, threaten or otherwise intimidate or attempt to intimidate any +officer or employee from the discharge of his official duties; or +.IP " 3." 4 +Assault or beat, or revile, abuse, be disrespectful to, or use abusive +or indecent language toward or about, any such officer or employee while +such officer or employee is in the discharge of his official duties. +.LP +(Code 1999, § 10-615; Ord. +No. +506, 2-5-1990, in part) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies" -A "\c" \ + -- "Sec 10-615 Duties Of The Public At Fires, Emergencies" +\& +.IP " 1." 4 +All persons at fires or other emergencies or accidents shall conduct +themselves in an orderly and lawful manner and to assist in maintaining +law and order. +.IP " 2." 4 +No person at or near any fire or emergency shall conduct himself in a +disorderly manner or neglect or refuse to promptly obey any order of the +fire chief or his assistants relative to such fire; and no person shall +resist, obstruct, hinder or abuse any officer of the fire department or +any firefighter in the proper discharge of his duty. +.IP " 3." 4 +Every police officer present at a fire shall keep back all persons who +are in the way or impeding the work of the fire department, and so far +as possible protect all property from loss or injury, and cooperate with +and assist the fire department in every way possible while at the fire. +The fire chief or an assistant fire chief or any police officer shall +have the power to designate persons to guard any goods. +.IP " 4." 4 +No person shall follow or block the way of any emergency vehicle engaged +in emergency run, or knowingly interfere with officers at the location +of any fire or emergency. +.LP +(Code 1999, § 10-616; Ord. +No. +506, 2-5-1990, in part) +.PP +\f[B]State Law reference\f[R]\[em] Interfering with firefighters, 21 +O.S. +§ 1217. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment" -A "\c" \ + -- "Sec 10-616 Tampering With Signs, Equipment" +\& +.LP +It is unlawful for any person to tamper with any signs, signal equipment +or other device placed, operated and maintained by the city in +connection with the administration of its code provisions, ordinances, +regulations, services, functions or performance of duties thereto. +.PP +(Code 1999, § 10-617; Ord. +No. +506, 2-5-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties" -A "\c" \ + -- "Sec 10-617 Interfering With Police Dog In Performing Functions Or Duties" +\& +.LP +It is unlawful and an offense for any person to interfere with, tease, +meddle with, throw objects at or toward, torture, torment, injure, beat, +strike, kick, mutilate, disable or kill any dog used by the police +department of the city, or any member thereof, in the performance of the +functions or duties of the department. +.PP +(Prior Code, § 16-131; Code 1999, § 10-618) +.PP +\f[B]State Law reference\f[R]\[em] Crimes against police dogs, 21 O.S. +§ 649.2. +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence" -A "\c" \ + -- "Sec 10-618 Destroying, Tampering With Evidence" +\& +.LP +It is unlawful to destroy, alter, conceal or disguise physical evidence, +plant false evidence or furnish false information to an officer which +impedes that or another officer in the performance of his duties, or +which is intended to prevent the apprehension or to obstruct the +prosecution or defense of any person. +.PP +(Code 1999, § 10-619; Ord. +No. +506, 2-5-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES" -A "\c" \ + -- "CHAPTER 10-7 GANG-RELATED ACTIVITIES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity" -A "\c" \ + -- "Sec 10-701 Prohibition Of Gang-Related Criminal Activity" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions" -A "\c" \ + -- "Sec 10-702 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense" -A "\c" \ + -- "Sec 10-703 Offense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance" -A "\c" \ + -- "Sec 10-704 Buildings Or Place Used By Gang Members As Nuisance" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Gang-related offenses, 21 O.S. +§ 856.3. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity" -A "\c" \ + -- "Sec 10-701 Prohibition Of Gang-Related Criminal Activity" +\& +.LP +The city declares that the city is in the early stages of a crisis, +which has been caused by violent street gangs whose members threaten, +terrorize and commit a multitude of crimes against the peaceful citizens +of this community. +These criminal activities, both individually and collectively, present a +clear and present danger to public order and safety and are not +constitutionally protected activities. +It is the intent of the city council to prohibit, reduce, and eradicate +criminal activity by street gangs by focusing upon patterns of criminal +activity and upon the organized nature of street gangs, which together +are the chief source of terror created by street gangs. +.PP +(Code 1999, § 10-701; Ord. +No. +7(91), 12-16-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions" -A "\c" \ + -- "Sec 10-702 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Criminal street gang\f[R] means any ongoing organization, +association, or group of three or more persons, whether formal or +informal, which has as one of its primary activities the commission of +one or more of the criminal acts enumerated in this section as part of +the definition for the term \[dq]pattern of criminal street gang +activity\[dq] or which has a common name or common identifying sign, +color or symbol, whose members individually or collectively engage in or +have engaged in a pattern of criminal gang activity. +.PP +\[dq]\f[I]Pattern of criminal street gang activity\f[R]\[dq] of two or +more of the commission, attempted commission, or solicitation, provided +at least one of the offenses occurred after the enactment of this +chapter and at least one offense occurred following Code offenses by any +members of a criminal gang, on separate occasions within a three-year +period, for the purpose of furthering gang activity: +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(35.0n) lw(35.0n). +T{ +.nr LL 35.0n +Offense +.br +T} T{ +.nr LL 35.0n +Relevant Code Provision +.br +T} +T{ +.nr LL 35.0n +Assault and battery +.br +T} T{ +.nr LL 35.0n +10-201 +.br +T} +T{ +.nr LL 35.0n +Reckless conduct +.br +T} T{ +.nr LL 35.0n +10-204(B) +.br +T} +T{ +.nr LL 35.0n +Petit larceny +.br +T} T{ +.nr LL 35.0n +10-301 +.br +T} +T{ +.nr LL 35.0n +Possession of stolen property +.br +T} T{ +.nr LL 35.0n +10-304 +.br +T} +T{ +.nr LL 35.0n +Defacing building, damaging property +.br +T} T{ +.nr LL 35.0n +10-310 +T} +T{ +.nr LL 35.0n +Damaging private property +.br +T} T{ +.nr LL 35.0n +10-312 +T} +T{ +.nr LL 35.0n +Damaging or tampering with motor vehicle +.br +T} T{ +.nr LL 35.0n +10-314 +T} +T{ +.nr LL 35.0n +Throwing or shooting at persons or property +.br +T} T{ +.nr LL 35.0n +10-320 +T} +T{ +.nr LL 35.0n +Possession of marijuana and drug paraphernalia +.br +T} T{ +.nr LL 35.0n +10-502 and 10-503 +.br +T} +T{ +.nr LL 35.0n +Disorderly house +.br +T} T{ +.nr LL 35.0n +10-510 +T} +T{ +.nr LL 35.0n +Prostitution +.br +T} T{ +.nr LL 35.0n +10-513 +T} +T{ +.nr LL 35.0n +Offenses near schools +.br +T} T{ +.nr LL 35.0n +10-514 +T} +.TE +.nr LL \n[LLold] +.ad +.LP +\f[I]Youthful and street gang member\f[R] means a person who engages in +a pattern of youth and street gang activity and meets two or more of the +following criteria: +.IP " 1." 4 +Admits to gang membership; +.IP " 2." 4 +Is a youth under the age of 21 years who is identified as a gang member +by a parent or guardian; +.IP " 3." 4 +Is identified as a gang member by a documented reliable informant; +.IP " 4." 4 +Resides in or frequents a particular gang\[aq]s area and adopts their +style of dress, their use of hand signs, or their tattoos, and +associates with known gang members; +.IP " 5." 4 +Is identified as a gang member by an informant of previously untested +reliability and such identification is corroborated by independent +information; +.IP " 6." 4 +Has been arrested more than once in the company of identified gang +members for offenses which are consistent with usual gang activity; +.IP " 7." 4 +Is identified as a gang member by physical evidence, such as photographs +or other documentation; and +.IP " 8." 4 +Has been stopped in the company of known gang members four or more +times. +.LP +(Code 1999, § 10-702; Ord. +No. +7(91), 12-16-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense" -A "\c" \ + -- "Sec 10-703 Offense" +\& +.LP +Any criminal street gang member or youth street gang member convicted of +the foregoing violations while in furtherance of a pattern of criminal +gang activity shall be punished as provided in section 1-108. +.PP +(Code 1999, § 10-703; Ord. +No. +7(91), 12-16-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance" -A "\c" \ + -- "Sec 10-704 Buildings Or Place Used By Gang Members As Nuisance" +\& +.LP +Every building or place used by members of a criminal street gang or +youth street gang for the purpose of the commission of the offenses +listed in section 10-702 or any offense involving dangerous or deadly +weapons, burglary, rape or narcotic trafficking and every building or +place wherein or upon which that criminal conduct by gang members takes +place is a nuisance which shall be enjoined, abated, and prevented as +provided in part 8, chapter 1, whether it is a public or private +nuisance. +Injunctions requested pursuant to this provision shall be limited to +those necessary to protest the health and safety of the residents or the +public or those necessary to prevent further criminal activity. +No nonprofit or charitable organization which is conducting its affairs +with ordinary care and skill, and no governmental entity, shall be +abated pursuant to this section. +Nothing in this chapter or in part 8, chapter 1 shall preclude any +aggrieved person from seeking any other remedy provided by law. +.PP +(Code 1999, § 10-704; Ord. +No. +7(91), 12-16-1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES" -A "\c" \ + -- "CHAPTER 10-8 JUVENILE OFFENSES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders" -A "\c" \ + -- "Sec 10-801 Jurisdiction Of Juvenile Offenders" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions" -A "\c" \ + -- "Sec 10-802 Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile" -A "\c" \ + -- "Sec 10-803 Failure To Comply With Written Promise To Appear With Juvenile" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines" -A "\c" \ + -- "Sec 10-804 Parental Responsibility For Juvenile Court Fines" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties" -A "\c" \ + -- "Sec 10-805 General And Specific Penalties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy" -A "\c" \ + -- "Sec 10-806 Truancy" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited" -A "\c" \ + -- "Sec 10-807 Skateboarding Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited" -A "\c" \ + -- "Sec 10-808 Runaway Prohibited" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders" -A "\c" \ + -- "Sec 10-801 Jurisdiction Of Juvenile Offenders" +\& +.LP +The city municipal court may assume jurisdiction of juvenile offenders, +unless otherwise excepted from the jurisdiction of the municipal court, +who have been charged with a violation of a municipal ordinance, and +which relate to at least one of the following offenses: +.br +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(35.0n) lw(35.0n). +T{ +.nr LL 35.0n +Assault +.br +T} T{ +.nr LL 35.0n +10-202 +T} +T{ +.nr LL 35.0n +Battery +.br +T} T{ +.nr LL 35.0n +10-203 +T} +T{ +.nr LL 35.0n +Curfew violation +.br +T} T{ +.nr LL 35.0n +10-505 +T} +T{ +.nr LL 35.0n +Disorderly conduct +.br +T} T{ +.nr LL 35.0n +10-403 +T} +T{ +.nr LL 35.0n +Petty larceny and larceny of lost property +.br +T} T{ +.nr LL 35.0n +10-301 +T} +T{ +.nr LL 35.0n +Damaging private property +.br +T} T{ +.nr LL 35.0n +10-312 +T} +T{ +.nr LL 35.0n +Disturbing the peace +.br +T} T{ +.nr LL 35.0n +10-401 +T} +T{ +.nr LL 35.0n +Public intoxication +.br +T} T{ +.nr LL 35.0n +10-501 +T} +T{ +.nr LL 35.0n +Possession of marijuana +.br +T} T{ +.nr LL 35.0n +10-502 +T} +T{ +.nr LL 35.0n +Possession of drug paraphernalia +.br +T} T{ +.nr LL 35.0n +10-503 +T} +T{ +.nr LL 35.0n +Transportation of low-point beer in a moving vehicle +.br +T} T{ +.nr LL 35.0n +3-210 +T} +T{ +.nr LL 35.0n +Minors in possession of low-point beer, prohibited while in public +.br +T} T{ +.nr LL 35.0n +3-211 +T} +T{ +.nr LL 35.0n +Minors in possession of intoxicating beverages in public prohibited +.br +T} T{ +.nr LL 35.0n +3-109 +T} +T{ +.nr LL 35.0n +Possession of tobacco products +.br +T} T{ +.nr LL 35.0n +10-517 +T} +T{ +.nr LL 35.0n +Graffiti +.br +T} T{ +.nr LL 35.0n +8-1001 to 8-1008 +.br +T} +T{ +.nr LL 35.0n +Failure to appear +.br +T} T{ +.nr LL 35.0n +6-115 +T} +T{ +.nr LL 35.0n +Attempt to commit an offense +.br +T} T{ +.nr LL 35.0n +10-101 +T} +T{ +.nr LL 35.0n +Trespassing prohibited +.br +T} T{ +.nr LL 35.0n +10-317 +T} +T{ +.nr LL 35.0n +Noise +.br +T} T{ +.nr LL 35.0n +10-411 to 10-416 +.br +T} +T{ +.nr LL 35.0n +Offenses near schools +.br +T} T{ +.nr LL 35.0n +10-514 +T} +T{ +.nr LL 35.0n +Assaulting city officer +.br +T} T{ +.nr LL 35.0n +10-605 +T} +T{ +.nr LL 35.0n +Resisting a police officer +.br +T} T{ +.nr LL 35.0n +10-606 +T} +T{ +.nr LL 35.0n +Fireworks prohibited +.br +T} T{ +.nr LL 35.0n +10-328 +T} +T{ +.nr LL 35.0n +Littering prohibited +.br +T} T{ +.nr LL 35.0n +10-322 +T} +T{ +.nr LL 35.0n +Skateboarding prohibited +.br +T} T{ +.nr LL 35.0n +10-807 +T} +T{ +.nr LL 35.0n +Attempting to elude a police officer +.br +T} T{ +.nr LL 35.0n +10-608 +T} +T{ +.nr LL 35.0n +Mandatory school attendance +.br +T} T{ +.nr LL 35.0n +10-806 +T} +T{ +.nr LL 35.0n +Harmful deception +.br +T} T{ +.nr LL 35.0n +10-309 +T} +T{ +.nr LL 35.0n +Harassing phone calls +.br +T} T{ +.nr LL 35.0n +10-509 +T} +.TE +.nr LL \n[LLold] +.ad +.LP +(Code 1999, § 10-800; Ord. +No. +337(01), 10-15-2001; Ord. +No. +381(02), 10-7-2002; Ord. +No. +444(04), 2-1-2004) +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions" -A "\c" \ + -- "Sec 10-802 Exceptions" +\& +.IP " 1." 4 +The municipal court for the city will decline jurisdiction of offenders, +known to the court, who are presently under the supervision or treatment +of the district court system and/or have charges pending there or +elsewhere in the state. +.IP " 2." 4 +The municipal court of the city, to the best of its knowledge, will +decline jurisdiction of offenders who have previously been certified as +an adult for any purpose, pursuant to 10A O.S. +§ 2-5-205. +.LP +(Code 1999, § 10-801; Ord. +No. +337(01), 10-15-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile" -A "\c" \ + -- "Sec 10-803 Failure To Comply With Written Promise To Appear With Juvenile" +\& +.LP +Any person who fails to voluntarily appear before the court with a +juvenile defendant on the appointed date and time, regardless of the +disposition of the charge for which the citation was originally issued +to the juvenile defendant, after having such juvenile defendant released +to his care and control and pursuant to a signed promise to appear with +the juvenile shall be guilty of an offense. +.PP +(Code 1999, § 10-802; Ord. +No. +337(01), 10-15-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines" -A "\c" \ + -- "Sec 10-804 Parental Responsibility For Juvenile Court Fines" +\& +.LP +Any person who is a parent, legal guardian, or legal custodian of a +juvenile defendant shall assure the municipal court that any fines +assessed against the juvenile shall be promptly paid. +If fines assessed against a juvenile in juvenile court remain unpaid +after 90 days, the fines, along with administrative fees and court +costs, shall be assessed against the parent, legal guardian, or legal +custodian. +Any person who fails to remit the assessed amount within 15 days from +issuance of a summons shall be guilty of an offense. +.PP +(Code 1999, § 10-803; Ord. +No. +337(01), 10-15-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties" -A "\c" \ + -- "Sec 10-805 General And Specific Penalties" +\& +.IP " 1." 4 +Any juvenile convicted of violating the ordinances enumerated in section +10-800, where no specific penalty is provided therefor, shall be +punished pursuant to section 1-108. +.IP " 2." 4 +Any juvenile convicted of violating section 10-517 shall be punished by +a fine for a first offense, not exceeding $50.00, and for a second and +subsequent offense by a fine not exceeding $100.00. +.IP " 3." 4 +The following specific offenses, unless otherwise provided in this Code, +shall be punished by a fine not exceeding $500.00. +.RS 4 +.IP " 1." 4 +Possession of marijuana or other controlled substance; possession of +drug paraphernalia +.IP " 2." 4 +Graffiti. +.IP " 3." 4 +Battery of an officer. +.IP " 4." 4 +Eluding a police officer. +.RE +.LP +(Code 1999, § 10-806; Ord. +No. +377(02), 8-19-2002) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327416_Ordinance%20No.%20819%20(16).pdf" -A "\c" \ + -- "819(16)" +\& on 4/18/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy" -A "\c" \ + -- "Sec 10-806 Truancy" +\& +.IP " 1." 4 +It shall be unlawful for a parent, guardian, or other person having +custody of a child who is over the age of five years and under the age +of 18 years to neglect or refuse to cause or compel such child to attend +and comply with the rules of some public, private or other school. +.IP " 2." 4 +It shall be unlawful for any child who is over the age of 12 and under +the age of 18 years, and who has not finished four years of high school +work, to neglect or refuse to attend and comply with the rules of some +public, private or other school, or receive an education by other means +for the full term the schools of the district are in session, provided +that this section shall not apply if any such child: +.RS 4 +.IP " 1." 4 +Is prevented from attending school by reason of mental or physical +ability, to be determined by the board of education of the district upon +a certificate of the school physician or public health physician or, if +no such physician is available, a duly licensed and practicing +physician; +.IP " 2." 4 +Is excused from attendance at school, due to an emergency, by the +principal teacher of the school in which the child is enrolled, at the +request of the parent, guardian, custodian or other person having +control of such child; +.IP " 3." 4 +Who has attained his 16th birthday is excused from attending school by +the school administrator of the school district where the child attends +school, and the parent, guardian or custodian of the child, provided +that no such child shall be excused from attending school by such joint +agreement between a school administrator and the parent, guardian or +custodian of the child unless and until it has been determined that such +action is for the best interest of the child and/or the community, and +that such child shall thereafter be under the supervision of the parent, +guardian or custodian until the child has reached the age of 18 years. +.RE +.IP " 3." 4 +Any parent, guardian, custodian, child or other person violating any of +the provision of this section, upon conviction, shall be guilty of a +misdemeanor, and shall be punished by a fine not exceeding that allowed +by law. +Each day the child remains out of school after the oral and documented +or written warning has been given to the parent, guardian, custodian, +child or other person or the child has been ordered to school by the +juvenile court, may constitute a separate offense. +At the trial of any person charged with violating the provisions of this +section, the attendance records of the child, or ward, may be presented +in court by any authorized employee of the school or the school resource +officer. +.LP +(Code 1999, § 10-807; Ord. +No. +379(02)-B, 10-7-2002; Ord. +No. +437(03), 12-15-2003) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited" -A "\c" \ + -- "Sec 10-807 Skateboarding Prohibited" +\& +.LP +It is unlawful for any person riding in or on, or by means of any +skateboard, roller skates, roller blades, coaster, or similar device to +go in or on the following prohibited areas: +.IP " 1." 4 +Any private property open to the public which is specifically +hereinafter listed, provided the area is clearly and conspicuously +posted with signs stating \[dq]Skating and Skateboarding Prohibited +(Moore Code Section 10-807).\[dq] +.RS 4 +.IP " 1." 4 +On walls, steps, or railings of a shopping center, business, or +nonprofit establishment. +.IP " 2." 4 +Parking lots of a shopping center, business, or nonprofit establishment. +.IP " 3." 4 +Driveways of a shopping center, business, or nonprofit establishment. +.IP " 4." 4 +Sidewalks and pedestrian ways within a shopping center, business, or +nonprofit establishment. +.RE +.IP " 2." 4 +Walls, steps, railings, driveways, or parking lots on public property +(public schools), provided the area is clearly and conspicuously posted +with signs stating \[dq]Skating and Skateboarding Prohibited (Moore Code +Section 10-807).\[dq] +.LP +(Code 1999, § 10-808; Ord. +No. +380(02), 10-7-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited" -A "\c" \ + -- "Sec 10-808 Runaway Prohibited" +\& +.IP " 1." 4 +A runaway shall be defined as any unemancipated minor who has been +reported to law enforcement as being voluntarily absent from the home +without a compelling reason, without the consent of a custodial parent +or other custodial adult and without the parent or other custodial +adult\[aq]s knowledge as to the child\[aq]s whereabouts. +.IP " 2." 4 +Compelling reason means imminent danger from incest, a life-threatening +situation, or equally traumatizing circumstance. +.IP " 3." 4 +It shall be unlawful and an offense to be a runaway. +.IP " 4." 4 +It shall be the responsibility of the custodial parent or other +custodial adult to notify the appropriate law enforcement agency of the +runaway status. +.IP " 5." 4 +If the court deems it to be in the best interest of the child, a minor +cited as a runaway shall be referred to social services for counseling. +.LP +(Code 1999, § 10-809; Ord. +No. +472(04), § 1, 8-16-2004) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_11_PARKS,_RECREATION_AND_CEMETERY" -A "\c" \ + -- "PART 11 PARKS, RECREATION AND CEMETERY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION" -A "\c" \ + -- "CHAPTER 11-1 PARKS AND RECREATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY" -A "\c" \ + -- "CHAPTER 11-2 LIBRARY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY" -A "\c" \ + -- "CHAPTER 11-3 CEMETERY" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION" -A "\c" \ + -- "CHAPTER 11-1 PARKS AND RECREATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 11-1A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS" -A "\c" \ + -- "ARTICLE 11-1B RULES AND REGULATIONS" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Parks and recreation, 11 O.S. +§ 33-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 11-1A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created" -A "\c" \ + -- "Sec 11-101 Park Board Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures" -A "\c" \ + -- "Sec 11-102 Organization And Procedures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties" -A "\c" \ + -- "Sec 11-103 Power And Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation" -A "\c" \ + -- "Sec 11-104 Compensation" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created" -A "\c" \ + -- "Sec 11-101 Park Board Created" +\& +.IP " 1." 4 +A park board consisting of seven members shall be appointed by the city +council for three-year terms, with at least one member appointed from +each ward. +In the initial creation of the board, two members shall be appointed for +one year; two members shall be appointed for two years; and three +members shall be appointed for three years. +\&. +All current members, if reappointed, may serve two additional three (3) +year terms or until July 31, 2027. +New members appointed after the effective date of this ordinance shall +be limited to three consecutive three year terms. +Former members of the park board shall be eligible for reappointment +after the expiration of one three year term. +Appointment to the park board to fill an unexpired term shall not be +considered as a full term. +The city manager or his designee shall be an ex officio member of the +board, shall advise and consult with the board, but shall have no vote +on matters coming before the board. +.IP " 2." 4 +Vacancies in the park board shall be filled as in the original instance +by the city council for the unexpired term. +If a member ceases to be a resident of the city, his term shall +automatically terminate. +.IP " 3." 4 +The office of any member of the park board who shall not attend meetings +of the board of three successive meetings after having been notified in +writing thereof, without reason satisfactory to the city council, shall +be declared by the city council to be vacant. +.LP +(Prior Code, § 17-16; Code 1999, § 11-101; Ord. +No. +52(93), 3-1993; Ord. +No. +171(96), 10-7-1994) +HISTORY +.br +\f[I]Approved by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1637096326_994.21.pdf" -A "\c" \ + -- "994(21)" +\& on 11/15/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures" -A "\c" \ + -- "Sec 11-102 Organization And Procedures" +\& +.LP +The park board shall elect from its membership a chairman, vice-chairman +and secretary for terms of one year. +Such elections shall be held at the time of the board\[aq]s annual +meeting each year, which shall be in November. +The board shall adopt and modify from time to time as needed rules, +bylaws and administrative procedures for the orderly transaction of its +business. +Such rules, bylaws or procedures shall be filed with the city clerk. +The park board shall establish the time, place and frequency of its +meetings for the following calendar year at the annual meeting and cause +same to be filed in compliance with the Oklahoma Open Meeting Act. +.PP +(Prior Code, § 17-16; Code 1999, § 11-102; Ord. +No. +52(93), 3-1993; Ord. +No. +171(96), 10-7-1994) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties" -A "\c" \ + -- "Sec 11-103 Power And Duties" +\& +.IP " 1." 4 +The park board shall act as an advisory board to the city council with +reference to city parks and recreation facilities within the city. +The board shall make recommendations with reference to the operation of +the city parks and recreation facilities and recommendations as to rules +and regulations concerning the use of the parks and recreation +facilities by the public. +The board shall also make recommendations to the city council with +reference to the beautification and improvement of the parks and +recreation facilities. +.IP " 2." 4 +The board shall make recommendations to the city council with regard to +planning for future development of the parks, and the safety of the +public in general in enjoying and using the parks and recreation +facilities as it deems necessary. +.IP " 3." 4 +The park board shall make recommendations, as it deems appropriate, for +the overall physical development and improvement of the parks and +recreation facilities of the city. +It may consult any and all civic organizations, clubs or associations +desiring to contribute to or make improvements to the parks and +recreation facilities of the city. +.LP +(Prior Code, § 17-16; Code 1999, § 11-103; Ord. +No. +52(93), 3-1993; Ord. +No. +171(96), 10-7-1994) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation" -A "\c" \ + -- "Sec 11-104 Compensation" +\& +.LP +The park board shall serve without pay. +The necessary expenses incurred by such board shall be paid from the +city treasury as other legal expenses of city government. +No expenses shall be incurred by the board without prior approval of the +city council. +.PP +(Prior Code, § 17-16; Code 1999, § 11-104; Ord. +No. +52(93), 3-1993; Ord. +No. +171(96), 10-7-1994) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS" -A "\c" \ + -- "ARTICLE 11-1B RULES AND REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles" -A "\c" \ + -- "Sec 11-112 Motorized Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks" -A "\c" \ + -- "Sec 11-113 Closing Hours For Parks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited" -A "\c" \ + -- "Sec 11-114 Glass Containers Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty" -A "\c" \ + -- "Sec 11-115 Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks" -A "\c" \ + -- "Sec 11-116 Prohibiting Animals From City Parks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City" -A "\c" \ + -- "Sec 11-117 Swimming Prohibited In City Park, Property Owned Or Maintained By City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma" -A "\c" \ + -- "Sec 11-118 Development Restrictions For Parkland Located In Section 24, Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, Oklahoma" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles" -A "\c" \ + -- "Sec 11-112 Motorized Vehicles" +\& +.LP +No motorized vehicle shall be permitted in any park except: +.IP " 1." 4 +Vehicles operated by the city or under contract to the city; +.IP " 2." 4 +Vehicles entering, exiting or being parked or stored, where part is +designed and maintained for entrance, exit, parking or storage of +motorized vehicles. +.LP +(Prior Code, § 17-1; Code 1999, § 11-112) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks" -A "\c" \ + -- "Sec 11-113 Closing Hours For Parks" +\& +.IP " 1." 4 +All city parks shall be closed to the public at 12:01 a.m. +and remained closed until 6:00 a.m. +each day unless otherwise designated; provided, however, that for +programs or events sponsored or approved by the city, or for which a +city permit has been issued, the hours of peroration may be extended +during any such program or event and for a period of 60 minutes +following the conclusion of such program or event. +.IP " 2." 4 +Little River Park shall be closed to the public at 10:00 p.m. +until 6:00 a.m. +each day. +The grounds of Central Park shall be closed to the public at 12:00 +midnight until 5:00 a.m. +each day. +.IP " 3." 4 +Signs stating park hours will be posted prominently in each park. +.IP " 4." 4 +Any person found in violation of this section shall be subject to +punishment as provided in section 1-108. +.LP +(Prior Code, § 17-2; Code 1999, § 11-113; Ord. +No. +87(94), 7-18-1994) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited" -A "\c" \ + -- "Sec 11-114 Glass Containers Prohibited" +\& +.LP +It is unlawful and an offense for any person to take or carry glass +bottles, jars or containers into any city park. +With the exception of the Fourth of July celebration where wine tasting +and sales are permitted by proper licensing. +.PP +(Code 1999, § 11-114; Ord. +No. +411, 8-4-1986) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty" -A "\c" \ + -- "Sec 11-115 Penalty" +\& +.LP +It is unlawful of any person to use any recreational facilities owned or +operated by the city without having complied with the rules and +regulations promulgated by the city in connection therewith. +Any violation of rules and regulations, or failure to comply with such, +shall be guilty of an offense. +.PP +(Prior Code, § 17-3; Code 1999, § 11-115) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks" -A "\c" \ + -- "Sec 11-116 Prohibiting Animals From City Parks" +\& +.IP " 1." 4 +Subject to 7 O.S. +§ 19.1: +.RS 4 +.IP " 1." 4 +No animals shall be permitted within posted areas of any and all +athletic fields owned by the city during times of competition. +Times of competition shall include a reasonable time prior to and +following completion of any competition. +.IP " 2." 4 +Animals shall not be permitted within the Buck Thomas Park during the +time scheduled for the annual Fourth of July celebration, unless the +animal is the main attraction of any booth or amusement ride, including, +but not limited to, pony rides. +.IP " 3." 4 +In addition, animals shall not be permitted within Buck Thomas Park, or +any other park, in any area and time as designated and posted by the +parks and recreation department, with the exception of the any area of a +park designated as a dog park. +.RE +.IP " 2." 4 +Any person found to be in violation of this section shall be punished as +authorized by section 1-108. +.LP +(Code 1999, § 11-116; Ord. +No. +515(05), 8-15-2005) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City" -A "\c" \ + -- "Sec 11-117 Swimming Prohibited In City Park, Property Owned Or Maintained By City" +\& +.IP " 1." 4 +No person shall be allowed to swim, bath, dive or wade in any of the +following areas owned or maintained by the city: city park, pond, +retention pond, creek, stream, brook or drainage ditch, except in +city-operated municipal swimming pools or unless specifically authorized +by special permit approved by the city manager. +.IP " 2." 4 +It is unlawful for a parent of a child (under 18 years of age) or the +guardian of a ward to knowingly permit, or by inefficient control to +allow, such child to violate subsection (A) of this section under +circumstances not constituting an exception. +.IP " 3." 4 +The term \[dq]knowingly\[dq] includes knowledge which a parent, or legal +guardian, should reasonably be expected to have concerning the +whereabouts of a child in that parent\[aq]s or person\[aq]s custody. +.IP " 4." 4 +Any person found in violation of this section shall be subject to +punishment as provided in section 1-108. +.LP +(Code 1999, § 11-117; Ord. +No. +588(07), 5-21-2007) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ + -- "840(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma" -A "\c" \ + -- "Sec 11-118 Development Restrictions For Parkland Located In Section 24, Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, Oklahoma" +\& +.LP +A. The City of Moore shall own and maintain a park or open space +complying with all development restrictions set forth in this Section. +The legal description of said park or open space is a follows: +.br +.PP +Tract 1: The North 350.00 feet of the West Half of the Southeast Quarter +(W/2 SE/4), Section 24, Township 10 North, Range 3 West, of the I.M., +Moore, Cleveland County, Oklahoma, being more particularly described as +follows: Beginning at the Northwest Corner of said West Half of the +Southeast Quarter (W/2 SE/4); thence S. 89° 29\[cq] 48\[rq] E. on the +North line of said West Half of the Southeast Quarter (W/2 SE/4) for a +distance of 1,308.12 feet to the Northeast Corner of the West Half of +the Southeast Quarter (W/2 SE/4), said line also being on the South line +of Block 15, J. D. Estates, an addition to Moore, Oklahoma; thence S. +00° 17\[cq] 34\[rq] W. on the East line of said West Half of the +Southeast Quarter (W/2 SE/4) for a distance of 350.00 feet; thence N. +89° 29\[cq] 48\[rq] W. and parallel with the North line of said West +Half of the Southeast Quarter (W/2 SE/4) for a distance of 1,307.53 feet +to a point on the West line of said West Half of the Southeast Quarter +(W/2 SE/4), said point also being on the East line of Lot A, Block 3, +Suntree Park, an Addition to Moore, Oklahoma; thence N. 00° 11\[cq] +45\[rq] E. and on the West line of said West half of the Southeast +Quarter (W/2 SE/4) and on the East line of said Suntree Park Addition +for a distance of 350.00 feet, the point of place and beginning, and +containing 10.51 acres, more or less; and +.br +.PP +Tract 2: Lot Two (2) in Block Twenty-Nine (29), of Eastmoor Addition, +Blocks 19 thru 29, inclusive, an Addition to Moore, Cleveland County, +Oklahoma, according to the recorded plat thereof; and Tract 3: Lot One +(1), Block Twenty-nine (29), in Eastmoor Addition to the City of Moore, +Cleveland County, Oklahoma, according to the recorded plat thereof; and +Tract 4: Lots One (1) through Four (4), Block Fifteen (15), in J-D +Estates, an Addition to the City of Moore, Cleveland County, Oklahoma, +according to the recorded plat thereof. +.br +.PP +B. The park or open space as described in subsection A of this Section +shall be used only as an open greenspace or park area. +All other uses of the property, including but not limited to those +listed below, are prohibited: +.PP +1. +Water Wells; +.PP +2. +Swimming Pools; +.PP +3. +Storm Shelters; and +.PP +4. +Splash Pads. +.PP +C. No soil excavation shall occur at the park or open space as described +in the subsection A of this Section that extends beyond five (5) feet +below ground surface. +.PP +.br +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1012.22.pdf" -A "\c" \ + -- "1012.22" +\& on 7/18/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY" -A "\c" \ + -- "CHAPTER 11-2 LIBRARY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created" -A "\c" \ + -- "Sec 11-201 Library Board Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties" -A "\c" \ + -- "Sec 11-202 Powers And Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations" -A "\c" \ + -- "Sec 11-203 Rules And Regulations" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Municipal libraries, 11 O.S. +§ 31-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created" -A "\c" \ + -- "Sec 11-201 Library Board Created" +\& +.LP +There is hereby created a library board which shall be composed of five +members, to be appointed by the council to serve without compensation +for staggered terms of three years. +The city manager shall be an ex-officio member of the board, shall +advise and consult with the board, but shall have no vote on matters +coming before the board. +.PP +(Prior Code, § 13-16; Code 1999, § 11-201) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties" -A "\c" \ + -- "Sec 11-202 Powers And Duties" +\& +.LP +The powers and duties of the library board shall be those set out and +contained in 11 O.S. +§§ 31-101, 31-102, 31-104\[em]31-108, and as may be further established +from time to time. +.PP +(Prior Code, § 13-17; Code 1999, § 11-202) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations" -A "\c" \ + -- "Sec 11-203 Rules And Regulations" +\& +.LP +The library board shall elect a chairman, vice-chairman and secretary +from among their members to serve for terms of one year, and shall make +rules for the regulation of business of the board. +A copy of such rules shall be filed with the city clerk and shall +govern, among other thing, the time, place and frequency of meetings and +any matter not inconsistent with any provision of this chapter. +.PP +(Prior Code, § 13-18; Code 1999, § 11-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY" -A "\c" \ + -- "CHAPTER 11-3 CEMETERY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established" -A "\c" \ + -- "Sec 11-301 Cemeteries Established" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund" -A "\c" \ + -- "Sec 11-302 Cemetery Care Fund" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control" -A "\c" \ + -- "Sec 11-303 Expenditure And Control" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots" -A "\c" \ + -- "Sec 11-304 Prices Of Lots" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots" -A "\c" \ + -- "Sec 11-305 Deeds To Lots" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking" -A "\c" \ + -- "Sec 11-306 Fees For Setting Monuments And Grave Staking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid" -A "\c" \ + -- "Sec 11-307 No Action To Be Taken Until Fee Is Paid" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements" -A "\c" \ + -- "Sec 11-308 Erection Of Monuments And Improvements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property" -A "\c" \ + -- "Sec 11-309 Defacing Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items" -A "\c" \ + -- "Sec 11-310 Removal Of Flowers And Decorative Items" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles" -A "\c" \ + -- "Sec 11-311 Motorized Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules" -A "\c" \ + -- "Sec 11-312 Council May Adopt Rules" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Municipal cemeteries, 11 O.S. +§ 26-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established" -A "\c" \ + -- "Sec 11-301 Cemeteries Established" +\& +.LP +All cemeteries under the ownership and control of the city are +established as city cemeteries. +The city manager shall appoint all officers and employees necessary for +the proper control and management of the cemetery. +.PP +(Prior Code, § 7-35, in part; Code 1991, § 11-301) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund" -A "\c" \ + -- "Sec 11-302 Cemetery Care Fund" +\& +.LP +There is hereby established a cemetery perpetual care fund for +maintenance and improvement of the city cemeteries, to be operated in +accordance with state law. +Financing and investment of the fund shall be as permitted by the city +and state law. +.PP +(Prior Code, §§ 7-31\[em]7-35; Code 1991, § 11-302; Ord. +No. +606(07), 12-3-2007) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control" -A "\c" \ + -- "Sec 11-303 Expenditure And Control" +\& +.LP +No obligation incurring the expenditure of any money on account of a +city cemetery shall be valid or binding upon the city unless the same +shall first have been appropriated by the council and approved by the +city manager. +.PP +(Prior Code, § 7-35; Code 1991, § 11-303) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots" -A "\c" \ + -- "Sec 11-304 Prices Of Lots" +\& +.LP +The city council by motion or resolution shall fix the price for which +lots shall be sold. +Any payment installment plan approved by the city council for purchase +of a lot shall provide for full payment, or one-fifth down payment and +one payment annually, within a maximum of four years. +.PP +(Prior Code, § 7-35; Code 1991, § 11-304; Ord. +No. +607(07), 12-3-2007) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots" -A "\c" \ + -- "Sec 11-305 Deeds To Lots" +\& +.LP +All cemetery deeds shall be signed by the mayor and the city clerk upon +final payment. +The clerk or his designee shall keep a complete record of all sales and +burials. +.PP +(Prior Code, § 7-37; Code 1991, § 11-305) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking" -A "\c" \ + -- "Sec 11-306 Fees For Setting Monuments And Grave Staking" +\& +.LP +Monument set and/or grave staking paperwork will need to be filled out +and paid in full prior to the city marking for either. +The fee therefor shall be established by motion or resolution of the +city council. +.PP +(Prior Code, § 7-39; Code 1991, § 11-307) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid" -A "\c" \ + -- "Sec 11-307 No Action To Be Taken Until Fee Is Paid" +\& +.LP +No deed for any lot shall be issued, no grave marked, and no monument or +marker shall be set, located or placed until the fee or charge has been +paid in full, except as may be otherwise allowed by the city herein. +.PP +(Prior Code, § 7-40; Code 1991, § 11-308) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements" -A "\c" \ + -- "Sec 11-308 Erection Of Monuments And Improvements" +\& +.LP +The erection of monuments, filling of graves or needed improvements, or +the marking thereof, by private parties in a cemetery of the city shall +be done under the supervision of the city and not otherwise. +Only one monument per lot shall be allowed at the head of the grave, +with the exception of a veteran\[aq]s marker at the foot of the grave. +.PP +(Prior Code, § 7-41; Code 1991, § 11-312) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property" -A "\c" \ + -- "Sec 11-309 Defacing Property" +\& +.LP +Every person who shall willfully or with malicious intent destroy, +mutilate, deface, injure or remove any tomb, monument, or other +structure placed in any city cemetery, or any fence, railing, or other +work for the protection of any such cemetery or place of burial of any +human being, or tomb, monument, memorial or other structure, or any lot +within a cemetery, or who shall willfully or with malicious intent +destroy, cut, break or injure any tree, shrub or plant within the limits +of a cemetery, shall be deemed guilty of violating this section. +Any person violating this section shall be punished as provided in +section 1-108. +.PP +(Prior Code, § 7-36; Code 1991, § 11-313) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items" -A "\c" \ + -- "Sec 11-310 Removal Of Flowers And Decorative Items" +\& +.IP " 1." 4 +It is unlawful for any person to remove flowers from a vase or a saddle +attached to the monument other than by the persons placing such flowers +or by a designated city employee. +.IP " 2." 4 +Items such as glass jars, cans, or other containers used on the premises +for the holding of floral bouquets, candles or mementos are prohibited. +.IP " 3." 4 +During the first full week (Sunday through Saturday) of every month, the +City will remove all items on the ground or around the monument base +that may cause maintenance problems. +Prohibited items, such as rocks, metal rods, wire stakes, fencing, +ornaments, glass containers or any other similar items will be removed +at this time. +In addition to this monthly removal of items, twice per year, in +February and in August, while performing the monthly clean-up, the City +will also remove all flowers from vases and saddles. +.br +.LP +.br +.PP +.br +.PP +(Prior Code, § 7-42; Code 1991, § 11-314) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1005.22.pdf" -A "\c" \ + -- "1005.22" +\& on 8/15/2022 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1033.23.pdf" -A "\c" \ + -- "1033.23" +\& on 8/21/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles" -A "\c" \ + -- "Sec 11-311 Motorized Vehicles" +\& +.LP +No motorized vehicle shall be permitted in any cemetery except: +.IP " 1." 4 +Vehicles operated by the city or under contract to the city; +.IP " 2." 4 +Vehicles entering, exiting, or being parked where part or a portion of +the cemetery is designated and maintained for entrance, exit or parking. +.LP +(Prior Code, § 7-44; Code 1991, § 11-315) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules" -A "\c" \ + -- "Sec 11-312 Council May Adopt Rules" +\& +.LP +The council by motion or resolution may adopt rules and regulations +relating to the city cemeteries. +.PP +(Prior Code, § 7-45; Code 1991, § 11-316) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ + -- "787(15)" +\& on 6/15/2015 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_12_PLANNING,_ZONING_AND_DEVELOPMENT" -A "\c" \ + -- "PART 12 PLANNING, ZONING AND DEVELOPMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE" -A "\c" \ + -- "CHAPTER 12-1 LAND DEVELOPMENT CODE" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Building, zoning and planning, 11 +O.S. +§ 41-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE" -A "\c" \ + -- "CHAPTER 12-1 LAND DEVELOPMENT CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted" -A "\c" \ + -- "Sec 12-101 Land Development Code Adopted" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted" -A "\c" \ + -- "Sec 12-101 Land Development Code Adopted" +\& +.LP +The City of Moore Land Development Code, as published by Municipal Code +Corporation, and as amended from time to time, containing, among other +things, regulations governing zoning, subdivisions, signs, mobile homes, +flood plain and oil and gas, is hereby adopted and incorporated herein +by reference. +Any violation of the city\[aq]s land development code is punishable as +provided in section 1-108. +Each day that a violation continues to exist shall be deemed a separate +offense. +.PP +(Code 1999, § 12-100) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_13_PUBLIC_SAFETY" -A "\c" \ + -- "PART 13 PUBLIC SAFETY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE" -A "\c" \ + -- "CHAPTER 13-1 FIRE PREVENTION CODE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES" -A "\c" \ + -- "CHAPTER 13-2 FIRE SERVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES" -A "\c" \ + -- "CHAPTER 13-3 POLICE SERVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT" -A "\c" \ + -- "CHAPTER 13-4 EMERGENCY MANAGEMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS" -A "\c" \ + -- "CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM SYSTEMS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE" -A "\c" \ + -- "CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY ORDINANCE" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE" -A "\c" \ + -- "CHAPTER 13-1 FIRE PREVENTION CODE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 13-1A GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES" -A "\c" \ + -- "ARTICLE 13-1B FIRE HYDRANTS AND FIRE LANES" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS" -A "\c" \ + -- "ARTICLE 13-1A GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention" -A "\c" \ + -- "Sec 13-102 Fire Prevention" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices" -A "\c" \ + -- "Sec 13-103 Adoption Of Specified Appendices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited" -A "\c" \ + -- "Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of Explosives And Blasting Agents Is To Be Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited" -A "\c" \ + -- "Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of Flammable Liquids In Outside Aboveground Tanks Is To Be Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted" -A "\c" \ + -- "Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied Petroleum Gases Is To Be Restricted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 13-107 Provisions Declared To Be Minimum Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized" -A "\c" \ + -- "Sec 13-108 Modifications Of The Fire Prevention Code Authorized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits" -A "\c" \ + -- "Sec 13-109 New Materials, Processes Or Occupancies Which May Require Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals" -A "\c" \ + -- "Sec 13-110 Appeals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted" -A "\c" \ + -- "Sec 13-111 Life Safety Code Adopted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness" -A "\c" \ + -- "Sec 13-112 Certificate Of Fitness" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ + -- "Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" +\& +.IP " 1." 4 +There is hereby adopted by the city for the purpose of prescribing +regulations governing conditions hazardous to life and property from +fire or explosion that certain code known as the 2015 International Fire +Code, as amended and modified by the state uniform building code +commission pursuant to 59 O.S. +§ 1000.23, the whole thereof, save and except such portions as are +hereinafter deleted, modified or amended; of which code not less than +one copy has been and is filed in the office of the city clerk. +The International Fire Code, as amended, is hereby adopted and +incorporated as if set out at length herein, and shall be incorporated +and considered as a part of this Code. +.IP " 2." 4 +The following additions, amendments, or deletions are made to the fire +code adopted herein: +.br +.br +Section 101.1. +Insert: The City of Moore, Oklahoma +.br +.br +Section 109.4. +Insert: Misdemeanor, $500.00; delete: or by imprisonment not exceeding +10 days, or both such fine and imprisonment +.br +.br +Section 111.4. +Delete: less than [amount] dollars and insert: more than five hundred +($500.00) dollars +.br +.br +Section 308.1.4. +Delete Exception 2: Where buildings, balconies and decks are protected +by an automatic sprinkler system; delete Exception 3.: LP-gas cooking +devices having LP-gas container with a water capacity not greater than 2 +1/2 pounds [nominal 1 pound (0.45 kg) LP-gas capacity] +.LP +(Code 1999, § 13-101; Ord. +No. +514(90), 9-17-1990; Ord. +No. +631(08), 9-15-2008) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ + -- "858(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention" -A "\c" \ + -- "Sec 13-102 Fire Prevention" +\& +.LP +The fire prevention code shall be enforced by the division of fire +prevention in the fire department, which is hereby established and which +shall be operated under the supervision of the chief of the fire +department. +.PP +(Prior Code, § 9-53; Code 1999, § 13-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices" -A "\c" \ + -- "Sec 13-103 Adoption Of Specified Appendices" +\& +.LP +The following appendices to the 2015 International Fire Code are adopted +and incorporated by reference and made a part hereof as if fully set +forth herein: Appendix B, Appendix C, and Appendix D. +.PP +(Code 1999, § 13-103; Ord. +No. +514 (90), 9-17-1990) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ + -- "858(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited" -A "\c" \ + -- "Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of Explosives And Blasting Agents Is To Be Prohibited" +\& +.LP +The limits referred to in the fire prevention code, in which storage of +explosives and blasting agents is prohibited, are established as +follows: All R zoning and C or I zoning only by permission of the fire +chief in accordance with the codes adopted by this chapter. +.PP +(Code 1999, § 13-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited" -A "\c" \ + -- "Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of Flammable Liquids In Outside Aboveground Tanks Is To Be Prohibited" +\& +.IP " 1." 4 +Storage of flammable liquids in outside aboveground tanks is prohibited +except in those areas zoned as R through C under the zoning ordinances +of the city, except as permitted by the fire chief in accordance with +codes adopted by the city. +.IP " 2." 4 +Bulk plants for flammable or combustible liquids are prohibited in R +zoning and in the areas as approved by the fire chief. +.LP +(Prior Code, § 9-54; Code 1999, § 13-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted" -A "\c" \ + -- "Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied Petroleum Gases Is To Be Restricted" +\& +.IP " 1." 4 +Bulk storage shall be defined as any container exceeding 30 gallons of +water capacity or any combination of containers exceeding 60 gallons of +water capacity. +.IP " 2." 4 +In all residential zoning classifications, bulk storage of L.P.G. +is permissible upon approval of the fire chief or his designee if the +area where the L.P.G. +is stored is at least 100 feet from any occupied structure and at least +100 feet from any property line. +.IP " 3." 4 +In any commercial zoning classification, bulk storage of L.P.G. +is permissible upon approval of the fire chief or his designee, for sale +or small exchange tanks for off-premises use and for installations +essential to the business as fueling stations for equipment used in the +business. +.IP " 4." 4 +All permitted locations shall submit a yearly application for approval +and, upon approval, and the payment of a fee as determined by the city +council by motion or resolution, the fire chief or his designee shall +issue a permit. +All permits shall be valid until the end of the fiscal year in which +they were granted and shall be renewed annually. +.LP +(Prior Code, § 9-58; Code 1999, § 13-106; Ord. +No. +207(97), 10-6-1997) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ + -- "Sec 13-107 Provisions Declared To Be Minimum Requirements" +\& +.LP +The provisions of the fire prevention code, latest edition, in their +interpretation and application, shall be held to be minimum requirements +adopted for the promotion of public health, safety, and general welfare. +Wherever any of the provisions or requirements of this code are +inconsistent with the provisions of this Code or state statutes +presently existing or enacted in the future, the provisions or +requirements containing the most restrictive regulation shall apply and +govern. +.PP +(Code 1999, § 13-107) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized" -A "\c" \ + -- "Sec 13-108 Modifications Of The Fire Prevention Code Authorized" +\& +.LP +The fire chief shall have the power to modify any of the provisions of +the fire prevention code upon application in writing by the building +owner or lessee, or his duly authorized agent, when there are practical +difficulties in the way of carrying out the strict letter of the code, +provided that the spirit of the code shall be observed, public safety +secured and substantial justice done. +The particulars of such modifications when granted shall be entered upon +the records of the department, and a signed copy shall be furnished to +the applicant. +.PP +(Prior Code, § 9-55; Code 1999, § 13-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits" -A "\c" \ + -- "Sec 13-109 New Materials, Processes Or Occupancies Which May Require Permits" +\& +.LP +The building officer, the chief of the fire department and the city +manager shall act as a committee to determine and specify, after giving +affected persons an opportunity to be heard, any new materials, +processes or occupancies which shall require permits, in addition to +those now enumerated in the code. +The fire chief shall post such list in a conspicuous place in his office +and distribute copies thereof to interested persons. +.PP +(Prior Code, § 9-57; Code 1999, § 13-109) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals" -A "\c" \ + -- "Sec 13-110 Appeals" +\& +.LP +Whenever the fire chief or his designee shall disapprove an application +or refuse to grant a permit or license applied for, or when it is +claimed that the provisions of the code do not apply or that the true +intent and meaning of the code have been misconstrued or wrongly +interpreted, the applicant may appeal to the board of adjustment of the +city within 30 days from the date of the decision appealed from. +.PP +(Code 1999, § 13-110; Ord. +No. +427(87), 2-17-1987) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted" -A "\c" \ + -- "Sec 13-111 Life Safety Code Adopted" +\& +.LP +There is hereby adopted for the purposes of establishing rules and +regulations for the protection of the public safety from the hazards of +fire, smoke, fumes, etc., that certain code known as the 2015 National +Fire Protection Association Life Safety Code\[em]NFPA 101, adopted by +the state, and the whole thereof, save and except such portions thereof +as are hereinafter deleted, modified, or amended. +Not less than one copy has been and now is filed in the office of the +city clerk. +The code is hereby adopted and incorporated as fully as if set out at +length herein. +.PP +(Code 1999, § 13-111; Ord. +No. +515(90), 9-17-1990) +.PP +\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. +§ 14-107. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ + -- "858(17)" +\& on 6/19/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness" -A "\c" \ + -- "Sec 13-112 Certificate Of Fitness" +\& +.IP " 1." 4 +A certificate of fitness is required by the responsible person +conducting any of the following activities when such activities are +conducted on a for hire basis: +.RS 4 +.IP " 1." 4 +The servicing or recharging of any portable fire extinguisher; +.IP " 2." 4 +The servicing or recharging of any fixed fire extinguishing system, +inspection, servicing or recharging of any restaurant hood system or +fixed fire extinguishing system; and +.IP " 3." 4 +The installation and servicing of any fire alarm or fire communication +system. +.RE +.IP " 2." 4 +All applications for a certificate of fitness shall be filed with the +fire chief on forms provided by the fire chief. +A fee as set by the council shall be charged to issue the certificate of +fitness. +The certificate of fitness shall be valid for a period of one year from +the date of issuance and must be renewed annually. +.LP +(Code 1999, § 13-112; Ord. +No. +502(90), 1-15-1990) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES" -A "\c" \ + -- "ARTICLE 13-1B FIRE HYDRANTS AND FIRE LANES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants" -A "\c" \ + -- "Sec 13-121 Fire Hydrants" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use" -A "\c" \ + -- "Sec 13-122 Fire Lanes On Private Property Devoted To Public Use" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property" -A "\c" \ + -- "Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative" -A "\c" \ + -- "Sec 13-124 Article Cumulative" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants" -A "\c" \ + -- "Sec 13-121 Fire Hydrants" +\& +.IP " 1." 4 +Fire hydrants of a type and manufacture approved by the utility director +or city engineer shall be available to serve all building sites prior to +start of construction. +.IP " 2." 4 +Building plans for all new construction shall show the location of fire +hydrants on both public and private property as approved by the fire +chief or his designee and the city engineer before any actual +construction is undertaken. +.IP " 3." 4 +Hydrant locations and standards shall be as follows: +.RS 4 +.IP " 1." 4 +All hydrants are to be installed according to city standards; +.IP " 2." 4 +No portion of a building of any occupancy except single-family dwellings +shall be located more than 300 feet travel distance from a hydrant; and +.IP " 3." 4 +Fire hydrants shall be located apart from buildings and fully accessible +from paved driveways and fire lanes. +.RE +.IP " 4." 4 +No unauthorized person shall use, operate, conceal or in any manner +hinder the accessibility or reduce the effectiveness of any fire hydrant +within the city. +.IP " 5." 4 +Access to fire hydrants required by subsection (A) of this section shall +not be required for sites whose structures total less than 2,000 square +feet unless constituting or declared a high hazard occupancy by the fire +chief. +.IP " 6." 4 +The requirements of this section may be waived by the city council for +good cause shown by the persons requesting a building permit. +.IP " 7." 4 +Fire hydrants shall be placed at each street intersection, provided that +in no event shall the spacing exceed 500 feet in R-1 and R-2 residential +areas or 300 feet in commercial, industrial or R-3 general residential +areas. +The distance from the nearest fire hydrant to the most remote point in a +cul-de-sac or residential street loop shall not exceed 300 feet. +.LP +(Prior Code, § 9-111; Code 1999, § 13-121) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use" -A "\c" \ + -- "Sec 13-122 Fire Lanes On Private Property Devoted To Public Use" +\& +.IP " 1." 4 +The marking of fire lanes on private property devoted to public use +shall be approved by the fire chief or his designee. +.IP " 2." 4 +Parking of motor vehicles or otherwise obstructing fire lanes shall be +prohibited at all times. +.IP " 3." 4 +Fire lanes and driveways shall be located so that all buildings served +by them are accessible to fire equipment. +.IP " 4." 4 +All fire lanes on public or private property devoted to public use shall +be marked as such with signage and curb marking. +Fire lane access shall be marked with stripping and stenciling as +specified in subsection (D)(2) of this section. +.RS 4 +.IP " 1." 4 +\f[I]Signage\f[R]. +Signs denoting fire lanes shall be 12 inches wide by 18 inches tall and +shall read \[dq]FIRE LANE. +NO PARKING AT ANY TIME. +CITY ORDINANCE # 13-122.\[dq] Colors and height of mounting shall +conform to the Manual on Uniform Traffic Control Devices, current +edition. +Fire lanes longer than 150 feet and less than 300 feet shall have a sign +at each end with an intermediate sign as close as practicable to the +center of the fire lane. +Fire lane signs shall at no time be separated by more than 150 feet. +.IP " 2." 4 +\f[I]Curb marking\f[R]. +Curb markings shall be red with the words \[dq]FIRE LANE, NO +PARKING\[dq] stenciled in white letters four inches in height, spaced at +intervals of every 30 feet. +Where curbs do not exist, there shall be a red stripe four inches in +width. +.RE +.IP " 5." 4 +Where required by the code, the contractor or person in charge of any +construction site, for all commercial occupancies, including, but not +limited to, business, industrial, mercantile, educational, +institutional, assembly, hotel, motel, multifamily dwellings and mobile +home parks, shall provide and maintain an approved hard-surfaced all +weather access fire lane, not less than 20 feet in width, as shown on +approved site plans. +Such access lane shall be complete at such time that construction has +progressed to completion of the foundation. +.IP " 6." 4 +No fire lane shall begin closer than ten feet to a building, nor further +than 50 feet from a building. +The height and construction of the building shall determine this +distance. +.LP +(Prior Code, § 9-112; Code 1999, § 13-122; Ord. +No. +255(99), 4-19-1999) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property" -A "\c" \ + -- "Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private Property" +\& +.IP " 1." 4 +Proper size for water mains located on public or private property which +supply fire hydrants for occupancies listed in section 13-122(e) shall +be approved by the city engineer and the fire chief or his designee. +.IP " 2." 4 +The city engineer, fire chief or his designee shall approve no water +main supplying fire hydrants for occupancies listed in section 13-122(e) +less than six inches in diameter. +.LP +(Prior Code, § 9-113; Code 1999, § 13-123; Ord. +No. +256(99)-A, 4-19-1999) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative" -A "\c" \ + -- "Sec 13-124 Article Cumulative" +\& +.LP +The provisions of this article shall be cumulative to and shall not +operate to repeal any other ordinances or provisions of this chapter. +.PP +(Prior Code, § 9-114; Code 1999, § 13-124) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES" -A "\c" \ + -- "CHAPTER 13-2 FIRE SERVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT" -A "\c" \ + -- "ARTICLE 13-2A FIRE DEPARTMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS" -A "\c" \ + -- "ARTICLE 13-2B CALLS OUTSIDE LIMITS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT" -A "\c" \ + -- "ARTICLE 13-2A FIRE DEPARTMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties" -A "\c" \ + -- "Sec 13-201 Created; Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment" -A "\c" \ + -- "Sec 13-202 Use Of Fire Equipment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires" -A "\c" \ + -- "Sec 13-203 Authority Of Firefighters At Fires" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry" -A "\c" \ + -- "Sec 13-204 Right Of Entry" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Fire department authorized, 11 O.S. +§ 29-105. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties" -A "\c" \ + -- "Sec 13-201 Created; Duties" +\& +.IP " 1." 4 +There is a fire department of the city, the head of which is the chief +of the fire department. +.IP " 2." 4 +It is the duty of the fire department, among others, to extinguish +fires; to rescue persons endangered by fire; to resuscitate, and to +administer first aid to, persons injured in or about burning structures +on elsewhere in case of an emergency; to promote fire prevention; and +unless otherwise provided, to enforce all ordinances relating to fires, +fire prevention and safety of persons from fire in public and private +buildings. +.LP +(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment" -A "\c" \ + -- "Sec 13-202 Use Of Fire Equipment" +\& +.LP +No person shall use any fire apparatus or equipment for any private +purpose, nor shall any person willfully and without proper authority +take away or conceal any article used in any way by the department. +No person shall enter any place where fire apparatus is housed or handle +any apparatus or equipment belonging to the department unless +accompanied by, or having the special permission of, an officer or +authorized member of the department. +.PP +(Code 1999, § 13-202) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires" -A "\c" \ + -- "Sec 13-203 Authority Of Firefighters At Fires" +\& +.LP +The fire chief, assistant fire chiefs or other fire department officers +in charge shall have complete charge and control at all fires. +Fire orders shall be obeyed. +The chief or his officers may prescribe limits in the vicinity of a fire +which no persons except those residing or owning property therein shall +be permitted to enter except on the order of the officer in command. +Police officers may aid in carrying into effect the provisions of this +section. +.PP +(Code 1999, § 13-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry" -A "\c" \ + -- "Sec 13-204 Right Of Entry" +\& +.LP +The chief of the fire department and his designee may at all reasonable +hours enter any building or premises within his jurisdiction for the +purpose of making any inspection or investigation which, under the +provisions of this chapter and other provisions of this Code, he may +deem necessary to make. +.PP +(Prior Code, § 9-204; Code 1999, § 13-204) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS" -A "\c" \ + -- "ARTICLE 13-2B CALLS OUTSIDE LIMITS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract" -A "\c" \ + -- "Sec 13-211 Power To Contract" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service" -A "\c" \ + -- "Sec 13-212 Contracts For Service" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls" -A "\c" \ + -- "Sec 13-213 Authority To Answer Calls" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City" -A "\c" \ + -- "Sec 13-214 Charges For Calls Made Outside City" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty" -A "\c" \ + -- "Sec 13-215 Firefighters Serving In Regular Line Of Duty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract" -A "\c" \ + -- "Sec 13-211 Power To Contract" +\& +.LP +The city is hereby authorized and empowered to enter into contracts or +agreements with individuals, firms, private corporations or +associations, or military installations or commands, or political +subdivisions of the state for fire protection outside the corporate +limits of the city, and to contract to provide fire protection jointly +with other organizations and municipal subdivisions of the state. +.PP +(Code 1999, § 13-221) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service" -A "\c" \ + -- "Sec 13-212 Contracts For Service" +\& +.LP +Any contract entered into by the city, with an individual owner, a firm, +private corporation, association or political subdivision, for outside +aid or mutual aid for fire protection, shall provide for the payment by +the owner, firm, private corporation, association or political +subdivision for such service, equipment or personnel in an amount +reached through negotiation by the parties. +.PP +(Code 1999, § 13-222) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls" -A "\c" \ + -- "Sec 13-213 Authority To Answer Calls" +\& +.LP +The fire department is authorized to answer all calls outside the city +within a reasonable distance of the city limits if first approved by the +fire chief on duty. +The fire chief shall determine that the equipment and personnel to be +dispatched for such calls are not needed for other purposes within the +city. +.PP +(Code 1999, § 13-223) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City" -A "\c" \ + -- "Sec 13-214 Charges For Calls Made Outside City" +\& +.LP +The city may enter into a contract with persons, organizations or +associations to provide fire protection service outside the city limits. +Such contracts shall be conditioned upon the determination of the fire +chief that the property in question is within a reasonable distance from +the city and that prior to any fire protection equipment being +dispatched for any fire call for such property, the fire chief on duty +shall first approve such call and determine that the equipment and +personnel to be dispatched are not needed for other purposes within the +city. +The charges for such calls shall be as specified in the fee schedule. +.PP +(Code 1999, § 13-224) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty" -A "\c" \ + -- "Sec 13-215 Firefighters Serving In Regular Line Of Duty" +\& +.LP +All firefighters attending and serving at fires or doing fire prevention +work outside the corporate limits of the city, as herein provided, shall +be considered as serving in their regular line of duty as fully as if +they were serving within the corporate limits of the city. +The firefighters shall be entitled to all the benefits of any fire +pension and relief fund in the same manner as if the firefighting or +fire prevention work was being done within the corporate limits of the +city. +.PP +(Code 1999, § 13-225) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES" -A "\c" \ + -- "CHAPTER 13-3 POLICE SERVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT" -A "\c" \ + -- "ARTICLE 13-3A POLICE DEPARTMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW" -A "\c" \ + -- "ARTICLE 13-3B POLICE BOARD OF REVIEW" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Municipal police, 11 O.S. +§ 34-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT" -A "\c" \ + -- "ARTICLE 13-3A POLICE DEPARTMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created" -A "\c" \ + -- "Sec 13-301 Created" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties" -A "\c" \ + -- "Sec 13-302 Duties" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions" -A "\c" \ + -- "Sec 13-303 Police Officers; Carrying Weapons Off Duty; Restrictions" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created" -A "\c" \ + -- "Sec 13-301 Created" +\& +.LP +There shall be a police department, the head of which is the chief of +police, or the police chief. +.PP +(Prior Code, § 18-16; Code 1999, § 13-301) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties" -A "\c" \ + -- "Sec 13-302 Duties" +\& +.LP +It is the duty of the police department to apprehend and arrest on view +or on warrant and bring to justice violators of the ordinances of the +city; to suppress all riots, affrays and unlawful assemblies which may +come to their knowledge, and generally to keep the peace; to serve +warrants, writs, executions and other processes properly directed and +delivered to them; to apprehend and arrest persons violating state laws +as provided by law, and to turn them over to proper authorities; and in +all respects to perform all duties pertaining to the offices of police +officers. +.PP +(Prior Code, §§ 18-16, 18-17; Code 1999, § 13-302) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions" -A "\c" \ + -- "Sec 13-303 Police Officers; Carrying Weapons Off Duty; Restrictions" +\& +.IP " 1." 4 +Police officers shall perform such duties as shall be required of them +by the chief, the city ordinances and state regulations and any other +actions required in the maintenance of good order and public peace. +.IP " 2." 4 +A full-time duly appointed peace officer of the city who is certified by +the state council on law enforcement education and training, +(C.L.E.E.T.) +pursuant to state law, is hereby authorized to carry a weapon, certified +and approved by the chief of police of the city, or his duly authorized +agent, during periods when he is not on active duty. +When an off-duty officer carries a certified weapon, the officer shall +be in law enforcement uniform prescribed by the employing agency, or +when not wearing the prescribed law enforcement uniform shall be +required to have his official peace officer\[aq]s badge, commission +card, and C.L.E.E.T. +certification card on his person at all times when carrying a weapon +certified and approved by the employing agency, and to keep the +authorized weapon concealed from view at all times except when the +weapon is used within the guidelines, rules, and regulations established +by the employing agency. +.IP " 3." 4 +Nothing in this section shall be interpreted to authorize a peace +officer in actual physical possession of a weapon to consume beer or +alcoholic beverages, except in the authorized line of duty as an +undercover officer. +Any officer in violation of this section shall be deemed guilty of a +violation of this section as though he were a private person. +.LP +(Code 1999, § 13-303; Ord. +No. +464, 10-3-1988, in part; Ord. +No. +4(91), 1991) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW" -A "\c" \ + -- "ARTICLE 13-3B POLICE BOARD OF REVIEW" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established" -A "\c" \ + -- "Sec 13-311 Board Established" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members" -A "\c" \ + -- "Sec 13-312 Members" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments" -A "\c" \ + -- "Sec 13-313 Appointments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term" -A "\c" \ + -- "Sec 13-314 Term" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings" -A "\c" \ + -- "Sec 13-315 Hearings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings" -A "\c" \ + -- "Sec 13-316 Records Of Proceedings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel" -A "\c" \ + -- "Sec 13-317 Legal Counsel" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established" -A "\c" \ + -- "Sec 13-311 Board Established" +\& +.LP +Pursuant to 11 O.S. +§ 50-123, there is hereby established a police board of review to hear +appeals concerning the discharge of police officers. +.PP +(Code 1999, § 13-311) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members" -A "\c" \ + -- "Sec 13-312 Members" +\& +.LP +The board of review shall consist of: +.IP " 1." 4 +The mayor, ex officio, who shall be a voting member of the board; +.IP " 2." 4 +Two active duty or retired police officers of the city; +.IP " 3." 4 +One attorney residing in the city; and +.IP " 4." 4 +One licensed physician residing in the city. +.LP +(Code 1999, § 13-312) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments" -A "\c" \ + -- "Sec 13-313 Appointments" +\& +.IP " 1." 4 +Members of the board of review, with the exception of the mayor, shall +be appointed by the council, except that when persons meet the +qualifications of section 13-312(c) and (d), the mayor shall in lieu +thereof make the appointments from the governing body of the city. +.IP " 2." 4 +Neither the chief of police nor any person having direct appointive +authority for police personnel shall be eligible for appointment to the +board of review. +.LP +(Code 1999, § 13-313) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term" -A "\c" \ + -- "Sec 13-314 Term" +\& +.LP +Appointive members of the police board of review shall serve at the +pleasure of the appointing authority. +.PP +(Code 1999, § 13-314) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings" -A "\c" \ + -- "Sec 13-315 Hearings" +\& +.LP +Any eligible officer who is discharged may appeal to the police board of +review. +The board of review shall, within a reasonable length of time, schedule +a hearing of such appeal, hear the evidence presented supporting the +discharge and the evidence presented opposing the discharge, and render +its decision, in writing, either affirming or reversing the discharge. +.PP +(Code 1999, § 13-315) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings" -A "\c" \ + -- "Sec 13-316 Records Of Proceedings" +\& +.LP +Proceedings before the police board of review shall be recorded by the +secretary to the board and the minutes of the meeting shall be safely +retained during such time as the aggrieved party to such proceedings may +appeal the decision of the board of review. +.PP +(Code 1999, § 13-316) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel" -A "\c" \ + -- "Sec 13-317 Legal Counsel" +\& +.IP " 1." 4 +Proceedings before the police board of review shall be informal in +nature and strict rules of evidence shall not apply. +.IP " 2." 4 +Any party shall have the right to be represented by counsel, provided +that such counsel shall be an attorney licensed to practice law within +the state. +Such attorney shall have the right to examine and cross examine persons +testifying before the board as shall the party, if not represented by +counsel. +.LP +(Code 1999, § 13-317) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT" -A "\c" \ + -- "CHAPTER 13-4 EMERGENCY MANAGEMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority" -A "\c" \ + -- "Sec 13-401 Intent And Purpose; Authority" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions" -A "\c" \ + -- "Sec 13-402 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments" -A "\c" \ + -- "Sec 13-403 Organization And Appointments" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager" -A "\c" \ + -- "Sec 13-404 Emergency Powers And Duties Of City Manager" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director" -A "\c" \ + -- "Sec 13-405 Duties And Emergency Powers Of The Emergency Management Director" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan" -A "\c" \ + -- "Sec 13-406 Emergency Operations Plan" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government" -A "\c" \ + -- "Sec 13-407 Assistance Of Persons Outside City Government" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability" -A "\c" \ + -- "Sec 13-408 No Municipal Or Private Liability" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations" -A "\c" \ + -- "Sec 13-409 Violation Of Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty" -A "\c" \ + -- "Sec 13-410 Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act" -A "\c" \ + -- "Sec 13-411 Violation Of Emergency Price Stabilization Act" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Oklahoma Emergency Management Act of +2003, 63 O.S. +§ 683.1 et seq.; local emergency management program, 63 O.S. +§ 683.11. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority" -A "\c" \ + -- "Sec 13-401 Intent And Purpose; Authority" +\& +.IP " 1." 4 +\f[I]Intent and purpose\f[R]. +The purpose of this chapter is to create an emergency management +organization for the city to: +.RS 4 +.IP " 1." 4 +Aid in mitigation and preparedness before a disaster and to alleviate +injury or damage through a coordinated response and recovery from +damages resulting from disaster, nuclear or conventional weapons attack, +sabotage or other hostile action, or by other disaster or major +emergency as defined herein; and +.IP " 2." 4 +Protect the lives and health of the citizens of the city, their property +and property rights, whether public or private, in any emergency or +disaster event endangering the lives and property of the people of the +city. +.RE +.IP " 2." 4 +\f[I]Authority\f[R]. +Nothing in this chapter shall be construed as power or authority to +abridge or lessen the legislative and administrative powers of the mayor +and city council, unless such is specifically granted herein. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions" -A "\c" \ + -- "Sec 13-402 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Authorized persons\f[R] means all state, county and municipal +police and fire personnel; hospital and ambulance crews; National Guard, +and emergency management personnel ordered into a disaster area by +proper authority; federal civil and military personnel on official +business; persons who enter a disaster area to maintain or restore +facilities for the provision of water, electricity, communications or +transportation to the public; and such other officials as have valid +reason to enter a disaster area. +.PP +\f[I]Civil emergency\f[R] means a riot or unlawful assembly +characterized by the use of actual force or violence or any threat to +use force if accompanied by immediate power to execute by three or more +persons acting together. +All powers, duties and regulations relating to a disaster shall also +apply to a civil emergency. +.PP +\f[I]Curfew\f[R] means a prohibition against any persons walking, +running, loitering, standing, or motoring upon any alley, street, +highway, public property, or vacant premises within the corporate limits +of the city, except persons officially designated to duty with reference +to the civil emergency. +.PP +\f[I]Disaster\f[R] means any event within the city limits threatening or +resulting in the death or injury of persons or the destruction of +property to such an extent that extraordinary measures must be taken to +protect the public health, safety and welfare. +.PP +\f[I]Disaster area\f[R] means the scene or location of any disaster or +civil emergency. +.PP +\f[I]Emergency management\f[R] means the functions charged to the +emergency management department and other city departments to create a +framework to provide coordinated community actions to reduce the +city\[aq]s vulnerability to hazards, and increase the city\[aq]s +resiliency and ability to respond to and recover from disasters. +This includes functions and actions to mitigate, prepare for, respond to +and otherwise aid the citizens of the city in the recovery from injury +and damages caused by the effects of disasters. +These might include, without limitation: +.IP " 1." 4 +Fire, flood, tornado, drought, earthquake, and other natural events; +.IP " 2." 4 +Transportation accidents, chemical releases, industrial accidents, and +other technological events; +.IP " 3." 4 +Infectious disease outbreaks and other public health events; +.IP " 4." 4 +Civil disorder, domestic and international terrorism, acts of war, and +other manmade events; and +.IP " 5." 4 +Any other event which develops to such an extent as to cause an extreme +emergency situation which jeopardizes the health, safety or welfare of +the citizens of the city. +.LP +\f[I]Emergency management director (\[dq]director\[dq])\f[R] means the +individual appointed by the city manager to carry out the functions set +out in this chapter. +.PP +\f[I]Emergency management forces\f[R] means the employees, equipment and +facilities of all city institutions and commissions; and, in addition, +it shall include all volunteer personnel, equipment and facilities +contributed by or obtained from volunteer persons or agencies. +.PP +\f[I]Emergency management volunteer\f[R] means any person duly +registered, trained, identified and appointed by the director and +assigned to participate in an emergency management and/or disaster +activity. +.PP +\f[I]Enemy attack\f[R] means a direct or indirect assault against the +city, its government, its environs, or of the nation, by the forces of a +hostile nation, the agents thereof, and/or non-state sponsored militant +or extremist groups, including assault by bombing, radiological, +chemical or biological warfare, sabotage or terrorism. +.PP +\f[I]Federal Emergency Management Agency (FEMA)\f[R] means the Federal +Emergency Management Agency, as created by the Robert T. Stafford +Disaster Relief and Emergency Assistance Act, P.L. +100-707. +.PP +\f[I]Oklahoma Department of Emergency Management (OEM)\f[R] means the +State of Oklahoma\[aq]s Department of Emergency Management, as created +in 63 O.S. +§ 683.4. +.PP +\f[I]Regulations\f[R] includes plans, programs, and other emergency +procedures deemed essential to emergency management. +.PP +\f[I]Resilience\f[R] means the ability to prepare and plan for, absorb, +recover from, and more successfully adapt to adverse events. +.PP +\f[I]Volunteer\f[R] means the contribution of a service, equipment or +facilities to the emergency management system and assigned for use in a +disaster/exercise activity, given without expectation of compensation. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments" -A "\c" \ + -- "Sec 13-403 Organization And Appointments" +\& +.LP +The city manager is authorized and directed to create an organization +for emergency management utilizing to the fullest extent the existing +agencies within the city. +The city manager, as executive head of the municipal government, shall +be the supervisor of the emergency management forces of the city and +shall be responsible for their organization, administration and +operations. +The organization shall consist of the following: +.IP " 1." 4 +The city manager shall create and maintain a department of emergency +management to aid in mitigation and preparedness before a disaster and +to alleviate injury or damage through a coordinated response and +recovery from damages resulting from disaster, nuclear or conventional +weapons attack, sabotage or other hostile action, or by other disaster +or major or civil emergency as defined herein, and to protect the lives +and health of the citizens of the city, their property and property +rights, whether public or private, in any emergency or disaster event +endangering the lives and property of the people of the city. +.IP " 2." 4 +The city manager shall appoint a director to be head of the emergency +management department, and such assistants and other employees as are +deemed necessary for the proper functioning of the organization. +The director shall be a person trained in planning operations involving +the activities of many different agencies which will operate to protect +the public health, safety and welfare in the event of danger from enemy +action or disaster as defined in this chapter. +The director shall meet the qualifications promulgated by the Oklahoma +Department of Emergency Management (OEM). +.IP " 3." 4 +The employees, equipment and facilities of all city departments, boards, +institutions and commissions will participate in emergency management +activity as needed. +Duties assigned to a city department shall be the same or similar to the +normal duties of the department. +.IP " 4." 4 +Volunteer persons and agencies offering services to and accepted by the +city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager" -A "\c" \ + -- "Sec 13-404 Emergency Powers And Duties Of City Manager" +\& +.IP " 1." 5 +\f[I]Emergency authority of city manager\f[R]. +The city manager may exercise the emergency power and authority +necessary to fulfill the general powers and duties of the position as +defined in article III of the city Charter. +.IP " 2." 5 +\f[I]Emergency declaration\f[R]. +When in the judgment of the city manager it is necessary to invoke the +emergency powers provided herein, concurrence of the mayor should be +immediately sought, who shall make the decision whether or not to +declare an emergency. +.RS 5 +.IP " 1." 4 +If the mayor is not available, the decision shall be made by the +vice-mayor; if that individual is not available, the decision shall be +made by the senior councilmember available. +.IP " 2." 4 +In the event the mayor and city council are not available to act, then +the city manager shall be the sole authority necessary to invoke the +powers provided herein. +.IP " 3." 4 +In the absence of the city manager as the final judge of an emergency +declaration, the emergency management director shall make the +determination. +.IP " 4." 4 +Whether the mayor, the vice-mayor, a councilmember, the city manager or +the director declares an emergency, such action shall not be construed +as abridging or curtailing the powers or restrictions of the mayor and +city council as defined in the Charter of the city. +Thereafter the mayor and city council may convene to perform their +legislative and administrative powers, and shall receive reports +relative to emergency management activities. +.RE +.IP " 3." 5 +\f[I]Emergency regulations\f[R]. +During any period when disaster threatens or when the city has been +affected by disaster or major emergency, within the definition of this +chapter, the city manager may promulgate such regulations as deemed +necessary to protect life and property and preserve critical resources. +Such regulations may include, but shall not be limited to, the +following: +.RS 5 +.IP " 1." 4 +Regulations prohibiting or restricting the movement of vehicles to +facilitate the work of emergency management forces or the mass movement +of persons from critical areas within or without the city. +.IP " 2." 4 +Regulations pertaining to the movement of persons to and/or from areas +deemed to be hazardous or vulnerable to disaster. +.IP " 3." 4 +Regulations restricting the movement of persons upon the streets at +particular times of days and in particular areas. +.IP " 4." 4 +Such other regulations necessary to preserve public peace, health and +safety. +.IP " 5." 4 +Regulations promulgated in accordance with the authority above will be +given widespread circulation by proclamations published and disseminated +by newspaper, television, radio and other available means of +communications with the public. +These regulations will have the force of ordinance when duly filed with +the city clerk and violations will be subject to the penalties provided +in this chapter. +.RE +.IP " 4." 5 +\f[I]Emergency management forces\f[R]. +Whenever the city manager finds that any condition in the city has +attained, or threatens to attain, the proportions of a disaster or +emergency, he may assemble and utilize emergency management forces and +may prescribe the manner and conditions of their use. +.IP " 5." 5 +\f[I]Mutual aid\[em]Requesting\f[R]. +When disaster or emergencies affect the city to the extent that +conditions are beyond the control of local emergency management forces, +the city manager may request aid from other communities and the state. +.IP " 6." 5 +\f[I]Same\[em]Rendering\f[R]. +When requested, the city manager may send emergency management forces to +the aid of other communities affected by disaster or emergency. +.IP " 7." 5 +\f[I]Emergency procurement\f[R]. +The city manager may make emergency procurements in accordance with the +purchasing policies when an emergency condition arises and the need +cannot be met through normal procurement methods, as referenced in +section 7-206. +.IP " 8." 5 +\f[I]Curfew\f[R]. +After proclamation of an emergency, the city manager may order a general +curfew applicable to such geographical areas of the city or to the city +as a whole, as he deems advisable, and the curfew shall be applicable +during such hours of the day or night as he deems necessary in the +interest of the public safety and welfare. +After the mayor and city council convene, such order is subject to their +approval. +.IP " 9." 5 +\f[I]Emergency prohibitions\f[R]. +After the proclamation of an emergency and in the interest of public +safety and welfare, the city manager may also make any or all emergency +orders deemed necessary. +These may include, without limitation, orders prohibiting the following: +.RS 5 +.IP " 1." 5 +Any person being on the public streets, or in the public parks or at any +other public place during the hours declared by the city manager to be a +period of curfew; +.IP " 2." 5 +The manufacture, transfer, use, possession or transportation of a +molotov cocktail or any other device, instrument or object designed to +explode or produce uncontained combustion; +.IP " 3." 5 +The transporting, possessing or using of gasoline, kerosene or +combustible, flammable or explosive liquids or materials in a glass or +uncapped container of any kind, except in connection with the normal +operation of motor vehicles, normal home use or legitimate commercial +use; +.IP " 4." 5 +The sale, purchase or dispensing of alcoholic beverages; +.IP " 5." 5 +The sale, purchase or dispensing of other commodities or goods, as the +city manager reasonably believes should be prohibited to help preserve +and maintain life, health, property or the public peace; +.IP " 6." 5 +The use of certain streets, highways or public ways by the public; +.IP " 7." 5 +The sale, ownership, possession, transportation, carrying, transfer and +storage of firearms, ammunition and ammunition accessories during a +declared state of emergency unless such is otherwise legal under state +law; +.IP " 8." 5 +Impersonation of a city official or emergency management volunteer; +.IP " 9." 5 +Unauthorized use of any insignia of the city; +.IP " 10." 5 +Unauthorized entry into any disaster area; +.IP " 11." 5 +Following an emergency or disaster vehicle, or purposely driving to any +location on or near a roadway where a disaster or emergency area exists; +.IP " 12." 5 +Proceeding to or remaining at a disaster area for the purpose of being a +bystander, spectator, sightseer, or souvenir hunter, or disturbing any +material objects, equipment, or thing directly or indirectly relating to +or pertaining to the disaster; +.IP " 13." 5 +Obstructing, hindering, or delaying any public official, shelter +manager, or other authorized individual in the enforcement of any rules, +regulations or executive orders issued pursuant to the authority +contained in this chapter; +.IP " 14." 5 +Failing to obey rules, regulations or official orders within a shelter; +.IP " 15." 5 +Failing to obey any executive order issued under this chapter; +.IP " 16." 5 +Unauthorized use of, or tampering with, a siren or other device so as to +simulate any alert or take-cover signal or the termination of an alert +or take-cover signal; and +.IP " 17." 5 +Such other activities as the city manager reasonably believes should be +prohibited to help preserve and maintain life, health, property or the +public peace. +After the mayor and city council convene, all orders are subject to +their approval. +.RE +.IP " 10." 5 +\f[I]Emergency services and volunteers\f[R]. +The city manager may require emergency services of any city officer or +employees. +If regular city forces are determined inadequate, the city manager may +request the services of such other available personnel as can be +obtained, including citizen volunteers. +All duly authorized persons rendering emergency services shall be +entitled to the privileges and immunities as are provided by state law, +the city Charter and ordinances for regular city employees and other +registered and identified emergency management and disaster workers and, +upon demand, may receive appropriate compensation for their emergency +employment. +.IP " 11." 5 +\f[I]Acceptance of emergency management funds\f[R]. +The city manager shall be empowered to accept any gifts, grants and +loans from the federal government, from the state, or from any person, +entity, organization, firm or corporation, as set out in various federal +and state emergency management and disaster relief laws. +.IP " 12." 5 +\f[I]Succession\f[R]. +In the event the city manager is unable to assume emergency duties for +any reason, the normal succession as designated in the emergency +operations plan by the city manager shall take effect. +In the event those individuals are unable to assume the city manager +duties, the mayor and city council shall designate an acting city +manager. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director" -A "\c" \ + -- "Sec 13-405 Duties And Emergency Powers Of The Emergency Management Director" +\& +.LP +The emergency management director shall be responsible to the city +manager in regard to all phases of emergency management or disaster +activity. +Under the supervision of the city manager, he shall be responsible for +the planning, coordination and operation of emergency management/civil +defense activity (disaster services) in the city. +Under the supervision of the city manager, he shall maintain liaison +with the state and federal authorities and the authorities of other +nearby political subdivisions as to ensure the most effective operations +of the emergency management program. +His duties shall include, but not be limited to, the following: +.IP " 1." 5 +Monitoring and maintaining an awareness of all threats to and +vulnerabilities of the city, including those that are natural, manmade, +or technological in nature; promoting actions to mitigate, where +possible, the threats and vulnerabilities identified; coordinating and +disseminating information concerning those threats and vulnerabilities +to the emergency management forces of the city, the civilian population, +and other interested parties; and providing alerting and/or warning +concerning impending threats to the population of the city; +.IP " 2." 5 +Developing and coordinating plans for the immediate use of all of the +facilities, equipment, manpower and other resources of the city for the +purpose of minimizing or preventing damage to persons and property; and +protecting and restoring to usefulness governmental services and public +utilities necessary for public health, safety and welfare; +.IP " 3." 5 +Coordinating the recruitment of volunteer personnel and agencies to +augment the personnel and facilities of the city for disaster purposes; +.IP " 4." 5 +Negotiating and concluding agreements with owners or persons in control +of buildings or other property for the use of such buildings or other +property for emergency purposes and designating suitable buildings as +public shelters; +.IP " 5." 5 +Providing and promoting informational, educational, outreach, and +training programs to emergency management forces of the city, the +civilian population, and other interested parties as to the mitigation +of, preparation for, response to, and recovery from disasters, civil +emergencies and enemy attack, as defined herein; +.IP " 6." 5 +Conducting practice exercises to ensure the efficient operation of +emergency and disaster forces and to familiarize disaster workers and +residents with disaster regulations, procedures and operations; +.IP " 7." 5 +Maintaining and managing an emergency operations center and other +support facilities and locations during disaster operations, so as to +facilitate coordination of emergency management forces during disasters, +civil emergencies and enemy attack; +.IP " 8." 5 +Coordinating the activity of all other public and private agencies +engaged in any disaster activity, real or implied; +.IP " 9." 5 +Assuming such authority and conducting such activity as the city manager +may direct to promote and execute the emergency operations plan; +.IP " 10." 5 +Supporting long-term recovery efforts within the city after disasters, +civil emergencies and enemy attack; and promoting efforts to increase +the city\[aq]s resiliency prior to, during, and after emergency events; +and +.IP " 11." 5 +Documenting all activities conducted in support of emergency management +program objectives; and providing required information and reports to +the city manager, the Oklahoma Department of Emergency Management (OEM), +the Federal Emergency Management Agency (\[dq]FEMA\[dq]), and other +governmental agencies and organizations as required and appropriate. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan" -A "\c" \ + -- "Sec 13-406 Emergency Operations Plan" +\& +.IP " 1." 4 +A comprehensive emergency operations plan shall be adopted and +maintained by the city council upon the recommendations of the city +manager and emergency management director. +In the preparation of this plan as it pertains to city organization, it +is the intent that the services, equipment, facilities and personnel of +all existing departments and agencies shall be utilized to the fullest +extent. +When approved, it shall be the duty of all municipal departments and +agencies to perform the functions assigned by the plan and to maintain +their portion of the plan in a current state of readiness at all times. +The emergency operations plan shall be considered supplementary as to +this chapter and have the effect of law whenever a disaster, as defined +in this chapter, has been proclaimed. +.IP " 2." 4 +The emergency management director shall prescribe in the plan those +positions within the disaster organization, in addition to his own, for +which lines of succession are necessary. +In each instance, the responsible person will designate and keep on file +with the emergency manager a current list of three persons as successors +to their position. +The list will be in order of succession and will as nearly as possible +designate persons capable of carrying out all assigned duties and +functions. +.IP " 3." 4 +Each service chief and department head assigned responsibility in the +plan shall be responsible for carrying out all duties and functions +assigned therein. +Duties will include the organization and training of assigned city +employees and volunteers. +Each chief or department head shall formulate the standard operating +procedures and guidelines necessary to carry out the assigned duties and +functions. +.IP " 4." 4 +Amendments to the emergency operations plan shall be submitted to the +city manager. +If approved, the city manager will submit the amendments to the city +council with his recommendation for their approval. +Following city council approval, such amendments shall take effect 30 +days from the date of approval, unless an emergency exists and is +declared, at which time the approved amendments shall become effective +immediately. +.IP " 5." 4 +Other plans relating to emergency and disaster mitigation, preparedness, +response and recovery may also be adopted and maintained as deemed +necessary. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government" -A "\c" \ + -- "Sec 13-407 Assistance Of Persons Outside City Government" +\& +.LP +When a required competency or skill for a disaster function is not +available within the city government, the appropriate department head in +consultation with the city manager is authorized to seek assistance from +persons outside of government. +The assignment of duties, when of a supervisory nature, shall also grant +authority for the persons so assigned to carry out such duties prior to, +during and after the occurrence of a disaster until revoked by the city +manager. +Such services from persons outside of government may be accepted by the +city on a volunteer basis or through charges agreeable to the city and +contractor. +Volunteers obtained to fill said needs shall be enrolled as emergency +management volunteers in cooperation with the heads of city departments +affected. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability" -A "\c" \ + -- "Sec 13-408 No Municipal Or Private Liability" +\& +.IP " 1." 4 +This chapter is an exercise by the city through its governmental +functions for the protection of the public peace, health and safety. +Neither the city, nor its agents and representatives or any individual, +receiver, firm, partnership, corporation, association, or trustee, or +any of the agents thereof, in good faith carrying out, complying with or +attempting to comply with any order, rule or regulation promulgated +pursuant to the provisions of this chapter, shall be liable for any +damage sustained to persons or property as the result of said activity. +.IP " 2." 4 +Any person owning or controlling real estate or other premises who +voluntarily and without compensation grants the city the right to +inspect, designate and use the whole or any part of such real estate or +premises for the purpose of sheltering persons during an actual, +impending or practice enemy attack or disaster shall not be civilly +liable for the death of, or injury to, any persons on or about such real +estate or premises under such license, privilege or other permission, or +for loss of, or damage to, the property of such person. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations" -A "\c" \ + -- "Sec 13-409 Violation Of Regulations" +\& +.LP +It shall be unlawful for any person to violate any of the provisions of +this chapter or of the regulations or plans issued pursuant to the +authority contained herein, or to willfully obstruct, hinder or delay +any member of the emergency management organization, as herein defined, +in the enforcement of the provisions of this chapter or any regulation +or plan issued thereunder. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty" -A "\c" \ + -- "Sec 13-410 Penalty" +\& +.LP +Any person, firm or corporation violating any provisions of this chapter +or any rule or regulation promulgated thereunder, upon conviction +thereof, will be assessed a fine as established by section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act" -A "\c" \ + -- "Sec 13-411 Violation Of Emergency Price Stabilization Act" +\& +.LP +The city manager, upon the concurrence of a majority of the city +council, shall bring an action against any person, firm or individual +that violates the Emergency Price Stabilization Act, as outlined in 15 +O.S. +§ 777.1 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ + -- "836(16)" +\& on 10/17/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS" -A "\c" \ + -- "CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM SYSTEMS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes" -A "\c" \ + -- "Sec 13-501 Purposes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions" -A "\c" \ + -- "Sec 13-502 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms" -A "\c" \ + -- "Sec 13-503 False Alarms" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms" -A "\c" \ + -- "Sec 13-504 Notice Of False Alarms" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records" -A "\c" \ + -- "Sec 13-505 Emergency Call Records" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied" -A "\c" \ + -- "Sec 13-506 Operational Defects To Be Remedied" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests" -A "\c" \ + -- "Sec 13-507 Notification Of Tests" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems" -A "\c" \ + -- "Sec 13-508 Fire Inspection Of Alarm Systems" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty" -A "\c" \ + -- "Sec 13-509 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes" -A "\c" \ + -- "Sec 13-501 Purposes" +\& +.LP +While recognizing the value of effective alarm systems in deterring +crime and preventing fire losses and while encouraging the use of such +alarm systems, it is the purpose of this chapter to enhance and protect +the emergency services, to require minimum standards for alarm systems +and services therefor, and to license users thereof, to improve system +effectiveness and to reduce, insofar as possible, the misuse of +emergency public services. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions" -A "\c" \ + -- "Sec 13-502 Definitions" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +911 system\f[R] means an emergency phone system which is designed to +receive emergency phone calls by dialing the three-digit number +\[dq]911.\[dq] The system places person requesting emergency service in +touch with fire, police, and ambulance services by dialing the +three-digit number \[dq]911.\[dq] +.br +\f[I] +.br +Alarm business\f[R] means any person or firm engaged in the business of +installing, assisting in the installation, servicing, maintaining, +repairing, replacing, moving, or removing alarm systems in the city and +duly licensed by the state. +.br +\f[I] +.br +Alarm system\f[R] means any mechanism, equipment or device which is +designed to detect the presence of a fire, or an unauthorized entry or +activity in any building or on any property, or to direct attention to a +fire, robbery, burglary, or other emergency in progress, and to signal +the above occurrences either by a local or audible alarm or by a silent +or remote alarm, directly or indirectly to the police or fire +department. +The following devices shall not constitute alarm systems within the +meaning of this chapter: +.RS 4 +.IP " 1." 4 +Devices which do not activate alarms that are audible, visible, or +perceptible outside the protected premises; +.br +.IP " 2." 4 +Devices which are not installed, operated or used for the purpose of +reporting an emergency, either directly or by third party to the police +or fire department; +.br +.IP " 3." 4 +Alarm devices affixed to motor vehicles; +.br +.IP " 4." 4 +Alarm devices installed on a temporary basis by the police or fire +department; and +.br +.IP " 5." 4 +Alarm devices installed in or on premises owned or leased by the city. +\f[I]Answering service\f[R] means a telephone answering service +providing, among its services, the receiving, on a continuous basis +through trained employees, of emergency signals from alarm systems and +the subsequent relaying of messages to the police or fire department on +a person-to-person basis. +.br +.br +\f[I]Automatic dialing device\f[R] means an alarm system which +automatically sends over regular telephone lines, by direction +connection or otherwise, any type of communication or message indicating +the existence of an emergency situation that the alarm system is +designed to detect. +.br +.br +\f[I]Central station\f[R] means an office to which alarm systems are +connected, where operators supervise the circuits, and where guards or +servicemen are maintained continuously to investigate signals. +For purposes of fire alarms, information relay systems shall be in +compliance with the National Fire Prevention Association (hereinafter +\[dq]NFPA\[dq]) standards as set forth in NFPA 71, Central Station +Signaling Systems, NFPA 72A, Local Protective Signaling Systems, NFPA +72B, Auxiliary Protective Signaling Systems, or NFPA 72C, Remote Station +Protective Signaling Systems. +.br +.br +\f[I]Direct line\f[R] means a telephone line leading directly from a +central station to the police or fire department, where such line is +used only to report emergency signals on a person-to-person basis. +.br +.br +\f[I]Emergency\f[R] means the existence of a fire, or the commission or +attempted commission of a robbery, burglary or other criminal action. +.br +.br +\f[I]Employee\f[R] means any person who is employed by an alarm business +and who installs, services, maintains, repairs or replaces alarm systems +in the city. +.br +.br +\f[I]Interconnect\f[R] means to connect a burglar alarm system or other +alarm system, including an automatic dialing device, to a telephone +line, either directly or indirectly, or through a mechanical device that +utilizes a telephone, for the purpose of using the telephone line to +transmit a message upon the activation of the alarm system. +.br +.br +\f[I]Modified central station\f[R] means an office to which alarm +systems are connected, where operators supervise the circuits but where +guards are not maintained to investigate alarm signals. +.br +.br +\f[I]Telephone dialing device\f[R] means a device which is +interconnected to a telephone line and is programmed to select a +predetermined telephone number and transmit by voice message or code +signal an emergency indicating a need for police, fire or medical +responses. +.br +.br +\f[I]Trunk line\f[R] means a telephone line leading into the police or +fire department and having the primary purpose of handling emergency +signals or messages on a person-to-person basis origination through a +central station, modified central station, or answering service. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms" -A "\c" \ + -- "Sec 13-503 False Alarms" +\& +.LP +The term \[dq]false alarm\[dq] means the activation of an alarm system +through mechanical failure, malfunction, the negligence of the alarm +business operator or his employees or agents, or the negligence of the +owner, user or lessee of an alarm system or his employees or agents, or +which otherwise elicits a response by a law enforcement agency or the +fire department when a situation requiring such response does not in +fact exist. +The term \[dq]false alarm\[dq] shall also mean the activation of an +alarm, the purpose of which is to communicate or indicate a specific +emergency situation when in fact that specific emergency situation does +not exist. +The term \[dq]false alarm\[dq] does not include, for example, alarms +activated by utility line mishaps, tornados, earthquakes, or other +violent conditions of nature, or other conditions clearly beyond the +control of the alarm manufacturer, installer, owner or user. +.IP " 1." 4 +False alarms include those caused by: +.RS 4 +.IP " 1." 4 +\f[I]Error\f[R] or \f[I]mistakes\f[R]. +Any action by any person, firm or corporation, or other entity or agent +thereof, owning or operating any dwelling, building or place, which +results in the activation of any alarm system when no emergency exists; +.IP " 2." 4 +\f[I]Malfunction\f[R]. +Any activation of any alarm system caused by a flaw in the normal +operation, design, installation, or maintenance of the system, by faulty +equipment or by a change in the environment or premises upon or within +which the alarm system is operating; +.IP " 3." 4 +\f[I]Intentional misuse\f[R]. +Any intentional activation of an alarm system when no burglary, robbery, +vandalism, fire or other emergency is in progress. +.RE +.IP " 2." 4 +An alarm will not be considered a false alarm if it is determined that +the alarm was caused by: +.RS 4 +.IP " 1." 4 +Natural or manmade catastrophe, or an act of God. +Such events include tornadoes, floods, earthquakes or other similarly +violent conditions; +.IP " 2." 4 +Vandalism, causing physical damage to the premises; +.IP " 3." 4 +Telephone line outage; +.IP " 4." 4 +Attempted entry of a location causing visible, physical or other +evidence of damage to the location; +.IP " 5." 4 +Severe weather causing physical damage to the premises; or +.IP " 6." 4 +The testing of a local/audible alarm system by a licensed alarm business +agent or employee who is present at the premises servicing, repairing or +installing the alarm when such testing does not result in the alarm +being activated for an uninterrupted period exceeding 60 seconds. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms" -A "\c" \ + -- "Sec 13-504 Notice Of False Alarms" +\& +.IP " 1." 4 +If an excessive number of false alarms occur at any alarm location, the +police or fire departments shall give written notice to the property +owner and to the alarm business responsible for maintaining and +servicing the system to take corrective action within seven days to +prevent future false alarms. +If future false alarms persist, the owner/occupant may be issued a +citation for each occurrence pursuant to section 13-509 and 1-108. +.IP " 2." 4 +An excessive number of false alarms shall be deemed to be: +.RS 4 +.IP " 1." 4 +For businesses with less than 25 employees in any single location: more +than three false alarms within any three-month period; +.IP " 2." 4 +For businesses with 25 or more employees in any single location: more +than six false alarms within any three-month period; or +.IP " 3." 4 +For residences: more than three false alarms within any three-month +period. +.RE +.IP " 3." 4 +The provisions of this chapter shall be administered and enforced by the +chief of police and the fire chief. +The fire chief or his designee is authorized to make inspections of fire +and other emergency alarm systems and of the premises wherein the device +or system is located, or as otherwise provided herein. +.IP " 4." 4 +Any inspection of an alarm location or premises shall be the same as +provided in the Code. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records" -A "\c" \ + -- "Sec 13-505 Emergency Call Records" +\& +.LP +Alarm businesses who request police or fire department response to alarm +signals shall maintain a record of all such emergency calls stating the +time, date, location of the alarm and the department called. +The records shall indicate the cause of the alarm and if the alarm is +not caused by fire, burglary, robbery, or other emergency, the records +shall state corrective action taken to prevent the recurrence of the +alarm. +This record shall be current and shall be made available for inspection +by the chief of police and fire chief, or their designated +representatives, at any time during normal business hours. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied" -A "\c" \ + -- "Sec 13-506 Operational Defects To Be Remedied" +\& +.LP +The sensory mechanisms used in connection with any emergency alarm +system shall be adjusted to suppress false alarms due to changes in +water pipes, short flashes of light, wind noises, such as the rattling +or vibrating of doors or windows, vehicular noise adjacent to the +installation, or other forces unrelated to genuine alarms. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests" -A "\c" \ + -- "Sec 13-507 Notification Of Tests" +\& +.LP +Alarm businesses shall notify the police dispatcher at police +communications and shall notify the fire marshal or the fire department +dispatcher prior to any service, test, repair, maintenance, adjustment, +alteration or installation of any alarm system which would directly or +indirectly result in an emergency services response. +Any alarm received after such notification while the system is out of +service shall not constitute a false alarm. +Alarm businesses shall notify the police and fire departments when the +system is back in service. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems" -A "\c" \ + -- "Sec 13-508 Fire Inspection Of Alarm Systems" +\& +.LP +Once a police or fire response has been made to a false alarm at a +location, the fire chief or his designee, may inspect or have inspected +the alarm system, including any monitoring service relating thereto, to +determine if the system is being operated in accordance with state and +city regulations and guidelines. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty" -A "\c" \ + -- "Sec 13-509 Penalty" +\& +.LP +Unless otherwise provided herein, any person found guilty of violating +any of the provisions of this chapter shall be guilty of an offense and, +upon conviction thereof, shall be punished as provided in section 1-108. +Every day that a violation exists shall constitute a separate violation +and shall be subject to the full penalty contained herein. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ + -- "928(19)" +\& on 12/2/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE" -A "\c" \ + -- "CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY ORDINANCE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title" -A "\c" \ + -- "Sec 13-601 Title" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions" -A "\c" \ + -- "Sec 13-602 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs" -A "\c" \ + -- "Sec 13-603 Hazardous Materials Incidents; Liability For Costs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement" -A "\c" \ + -- "Sec 13-604 Methods Of Enforcement" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title" -A "\c" \ + -- "Sec 13-601 Title" +\& +.LP +This chapter shall be known as the \[dq]Hazardous Material Incident Cost +Recovery Ordinance.\[dq] +.PP +(Code 1999, § 13-601; Ord. +No. +330(01), 7-2-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions" -A "\c" \ + -- "Sec 13-602 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Costs\f[R] means and includes, but is not limited to, the +following: +.IP " 1." 5 +All costs incurred for response, containment and/or removal and disposal +of hazardous materials or remedial actions, to include costs associated +with transportation and temporary storage of hazardous materials. +.IP " 2." 5 +All costs incurred for ensuring the safety of the public, to include +costs incurred for actions taken on and off the site of the hazardous +material incident. +.IP " 3." 5 +Damages for injury to, destruction of, or loss of natural resources, as +determined by the appropriate local, state or federal agency, including +the reasonable costs of assessing such injury, destruction, or loss +resulting from a hazardous material incident. +.IP " 4." 5 +Health care costs for persons or animals injured from a hazardous +material incident or costs of any health assessment or health effects +study carried out as a necessity resulting from a hazardous material +incident. +.IP " 5." 5 +Labor, including benefits, overtime and administrative overhead for +government employees. +.IP " 6." 5 +The costs of operating, maintaining, leasing, repairing and replacing +equipment. +.IP " 7." 5 +Contract labor and equipment. +.IP " 8." 5 +Labor and equipment obtained by the city. +.IP " 9." 5 +Materials, including, but not limited to, absorbents, foams, +dispersants, neutralization agents, overpack drums or containers. +.IP " 10." 5 +Supervision of cleanup and abatement. +.LP +\f[I]Hazardous material incident\f[R] means actual or threatened release +of hazardous substances or material, including hazardous waste, which +pose an imminent threat to the environment, and to health, safety or +welfare of the population. +.PP +\f[I]Hazardous substance\f[R] includes any solution, mixture, or +formulation containing hazardous material, or any material which, due to +its chemical or physical characteristics, is determined by the county to +pose a substantial threat to the life, health, or safety of persons or +property or to the environment. +The term \[dq]hazardous substance\[dq] includes, but is not limited to, +explosives, radioactive materials, petroleum products, gases, poisons, +biologic agents, flammables and corrosives. +.PP +\f[I]Natural resources\f[R] means land, fish, wildlife, biota, air, +water, groundwater, drinking water supplies, and other such resources +belonging to, managed by, held in trust by, appertaining to, or +otherwise controlled by the city. +.PP +\f[I]Person\f[R] means an individual, firm, corporation, association, +partnership, commercial entity, consortium, joint venture, governmental +entity, or any other legal entity. +.PP +\f[I]Recovery\f[R] means restoration to pre-event conditions. +.PP +\f[I]Release\f[R] means the accidental or intentional, sudden or gradual +spilling, leaking, pumping, pouring, emitting, emptying, discharging, +injecting, escaping, leaching, dumping or disposing into the +environmental (including the abandonment or discarding of barrels, +containers and other receptacles containing any hazardous material or +substance or waste or pollutant or contaminant). +.PP +\f[I]Response\f[R] means the provision of emergency and non-emergency +assistance during and following an incident and to reduce the likelihood +of secondary damage. +.PP +\f[I]Responsible party\f[R] means the person whose act or omission +caused a release; or the person who owned or had custody or control of +the hazardous substance or waste at the time of such release without +regard to fault or proximate cause; or the person who owned or had +custody or control of the container which held the hazardous substance +at the time or immediately prior to such release without regard to fault +or proximate cause. +.PP +(Code 1999, § 13-602; Ord. +No. +330(01), 7-2-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs" -A "\c" \ + -- "Sec 13-603 Hazardous Materials Incidents; Liability For Costs" +\& +.IP " 1." 4 +Any responsible party who causes a hazardous material incident shall be +liable for the payment of all reasonable and necessary costs, pursuant +to the fee schedule of the city, as if fully set out herein, incurred by +the city for response to and remediation of such an incident. +.IP " 2." 4 +The city will seek all available remedies at law, including, but not +necessarily limited to, this chapter and state and federal statutes, +against any parties responsible for any hazardous materials event. +.LP +(Code 1999, § 13-603; Ord. +No. +330(01), 7-2-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement" -A "\c" \ + -- "Sec 13-604 Methods Of Enforcement" +\& +.IP " 1." 4 +\f[I]Civil action\f[R]. +The city may enforce these provisions by civil action in a court of +competent jurisdiction for the collection of any amounts due hereunder +plus administrative collection costs, attorney\[aq]s fees, or for any +other relief that may be appropriate. +A certified copy of a judgment in favor of the city may be recorded in +the public records and thereafter shall constitute a lien upon any real +or personal property owned by such persons and such lien shall be +coequal with the lien of all state, district and municipal taxes +superior in dignity to all other liens, titles, and claims until paid or +extinguished. +.IP " 2." 4 +\f[I]Other remedies\f[R]. +This chapter shall not prohibit the city from pursuing any other remedy, +whether civil or criminal, or from instituting any appropriate action or +proceedings, including injunction in a court of competent jurisdiction; +nor shall the recovery of expenses under this chapter in any way release +the various parties, or limit them, from legal liability incurred as a +result of hazardous material cleanup or abatement as defined under any +local, state or federal rule or regulation. +.LP +(Code 1999, § 13-604; Ord. +No. +330(01), 7-2-2001) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_14_STREETS_AND_SIDEWALKS" -A "\c" \ + -- "PART 14 STREETS AND SIDEWALKS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 14-1 GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS" -A "\c" \ + -- "CHAPTER 14-2 CURB AND STREET CUTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY" -A "\c" \ + -- "CHAPTER 14-3 CITY RIGHTS-OF-WAY" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Municipal roads and streets, 11 O.S. +§ 36-101 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 14-1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally" -A "\c" \ + -- "Sec 14-101 Obstructions Generally" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic" -A "\c" \ + -- "Sec 14-102 Interfering With Street, Free Flow Of Traffic" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic" -A "\c" \ + -- "Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of Traffic" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise" -A "\c" \ + -- "Sec 14-104 Display Of Sale Of Goods, Wares And Merchandise" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ + -- "Sec 14-105 No Structures On Or Over Streets And Sidewalks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited" -A "\c" \ + -- "Sec 14-106 Playing Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery" -A "\c" \ + -- "Sec 14-107 Unlawful To Injure Trees, Shrubbery" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System" -A "\c" \ + -- "Sec 14-108 Street Numbering System" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards" -A "\c" \ + -- "Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative To Sidewalk Obstructions, Hazards" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs" -A "\c" \ + -- "Sec 14-110 Sidewalk Repairs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width" -A "\c" \ + -- "Sec 14-111 Sidewalk Construction Specifications, Width" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty" -A "\c" \ + -- "Sec 14-112 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally" -A "\c" \ + -- "Sec 14-101 Obstructions Generally" +\& +.LP +It is unlawful for any person to obstruct in any manner any street, +alley, sidewalk or other public way by leaving or permitting to remain +thereon or therein any vehicle, object, material, structure, fence or +other obstruction of any kind. +.PP +(Code 1999, § 14-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic" -A "\c" \ + -- "Sec 14-102 Interfering With Street, Free Flow Of Traffic" +\& +.IP " 1." 4 +It is unlawful to: +.RS 4 +.IP " 1." 4 +Obstruct any public street, public highway, public sidewalk or any other +public place or building by hindering or impeding or tending to hinder +or impede the free and uninterrupted passage of vehicles, traffic or +pedestrians; or +.IP " 2." 4 +Commit in or upon any public street, public highway, public sidewalk or +any other public place or building any act or thing which is an +obstruction or interference to the free and uninterrupted use of +property or with any business lawfully conducted by anyone in or upon or +facing or fronting on any such public street, public highway, public +sidewalk or any other public place or building, all of which prevents +the free and uninterrupted ingress, egress, and regress, therein, +thereon and thereto. +.RE +.IP " 2." 4 +When any person causes or commits any of the conditions enumerated in +subsection (A) of this section, a police officer or any law enforcement +officer shall order that person to stop causing or committing such +conditions and to move on or disburse, or to remove any obstructions. +Any person who fails or refuses to obey such orders shall be guilty of a +violation of this section. +.LP +(Prior Code, 20-5; Code 1999, § 14-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic" -A "\c" \ + -- "Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of Traffic" +\& +.IP " 1." 4 +The owner of every lot or parcel of land in the city upon which any +trees, shrubs or plants are growing, or upon which any obstruction has +been placed, shall remove such trees, shrubs, plants or obstruction, or +parts thereof, if they are so situated as to constitute a traffic hazard +by obstructing the view of any driver of any vehicle on the streets of +the city to the extent that the driver is unable to observe the approach +of other vehicles on streets and alleys and at intersections. +.IP " 2." 4 +The owner of any premises abutting on any street shall trim all trees +and shrubbery growing in the parking, between the sidewalks and the +roadway, of any such street, and all trees and shrubbery growing on any +part of the premises adjacent to the sidewalks or any street or alley in +such manner that the boughs or limbs thereof shall not obstruct free and +convenient passage, sight and travel along the streets, sidewalks and +alleys. +If premises are occupied by some person other than the owner, such +occupant shall trim the trees and shrubbery in the same manner as +hereinbefore required of the owner. +Such trees and shrubbery shall be trimmed so that the lowest branches or +foliage shall not be lower than ten feet above the roadway of a street +or alley, nor lower than eight feet above the sidewalk. +.IP " 3." 4 +Any owner or occupant who fails, refuses or neglects to trim trees and +shrubbery as provided in this section, after receiving five days\[aq] +notice from the city manager or his designee to do so, is guilty of an +offense against the city. +In addition to any fine or punishment as an offense, the city may act to +abate the nuisance. +Every day that the owner or occupant fails, refuses or neglects to trim +such trees or shrubbery after the expiration of the five days\[aq] +notice shall be a separate offense. +.LP +(Prior Code, § 20-3; Code 1999, § 14-103) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise" -A "\c" \ + -- "Sec 14-104 Display Of Sale Of Goods, Wares And Merchandise" +\& +.IP " 1." 4 +Except as otherwise provided in this Code, it is unlawful for any person +to display any goods, wares or merchandise for sale, or to sell the +same, on any street, alley or sidewalk, or from any vehicle parked +thereon, in the corporate limits of the city. +Each separate sale or offer to sell in violation hereof shall constitute +a separate offense. +.IP " 2." 4 +Any vehicle parked on the streets, alleys or sidewalks for the purpose +of making merchandise available for sale by the methods prohibited by +this section shall be promptly moved by the driver upon order of the +police of the city, and if not promptly moved, the same shall be towed +from such location upon order of the police department, and the driver +or custodian of the vehicle shall also be deemed guilty of an offense. +.IP " 3." 4 +In each instance where an individual is guilty of an offense under the +provisions of this section, the person for whom such individual is +acting in the capacity of an agent or employee shall be guilty of a +separate offense. +.LP +(Code 1999, § 14-104) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ + -- "Sec 14-105 No Structures On Or Over Streets And Sidewalks" +\& +.IP " 1." 4 +It is unlawful for any person to erect or construct, or cause to be +erected or constructed, any cellar or basement way, stairway, door, +awning post, canopy or any other kind of structure projecting into, upon +or over, and adjoining any street or sidewalk within the city, except +that the city engineer may, in his discretion, authorize the same to be +done, where the public health, safety and necessity demand, by granting +a permit therefor. +.IP " 2." 4 +Upon the granting of a permit under this section, conditions as to the +erection of the structure through, upon or over any street or sidewalk +may be fixed by the city engineer, and a contract shall be entered into +as to the maintenance of the structure and as indemnifying agreement +secured, indemnifying and saving the city harmless from any loss, costs +or damage by reason of the structure projecting into, upon or over, and +adjoining any street or sidewalk within the fire limits of the city. +.LP +(Prior Code, § 20-2; Code 1999, § 14-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited" -A "\c" \ + -- "Sec 14-106 Playing Prohibited" +\& +.LP +It is unlawful for any person to engage in any sport, game, amusement or +to play in, on or across the main-travelled portion of any sidewalk, +street, avenue or alley of the city except as may be authorized by +ordinance. +.PP +(Prior Code, § 20-4; Code 1999, § 14-106) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery" -A "\c" \ + -- "Sec 14-107 Unlawful To Injure Trees, Shrubbery" +\& +.LP +It is unlawful for any person to injure any tree or shrubbery on a +street or alley in the city. +This section shall not prohibit the lawful and proper care and removal +of such trees and shrubbery. +.PP +(Code 1999, § 14-107) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System" -A "\c" \ + -- "Sec 14-108 Street Numbering System" +\& +.IP " 1." 4 +All streets in the city shall be named and known as provided in this +section. +The principal streets of the city shall be: Main Street, being the +street bearing that name at this time and running east and west through +the city, and Broadway, the street now bearing that name and running +north and south through the city. +.IP " 2." 4 +The city shall be divided into four quarters as created by Main Street +and Broadway, and all streets and avenues in the northeast quarter as +thus divided shall be addressed with \[dq]Northeast\[dq] prefixed to the +name; all streets and avenues in the southeast quarter shall be +addressed with \[dq]Southeast\[dq] prefixed to the name; all streets and +avenues in the southwest quarter shall be addressed with +\[dq]Southwest\[dq] prefixed to the name; and all streets and avenues in +the northwest quarter shall be addressed with \[dq]Northwest\[dq] +prefixed to the name. +.LP +(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards" -A "\c" \ + -- "Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative To Sidewalk Obstructions, Hazards" +\& +.IP " 1." 4 +It is unlawful for any person to allow any obstruction of any kind to +accumulate in the sidewalk in front of his premises. +All owners and occupants of property are required to keep their premises +and the sidewalks, gutters, streets and alleys adjacent thereto free +from weeds, trash and all obstructions and to remove such weeds, trash +and obstructions from such places. +.IP " 2." 4 +It is unlawful to deposit, throw or sweep into or upon a street, alley, +parking or sidewalk of the city any trash, weeds, tree trimmings, dirt +or any other refuse of any kind. +.LP +(Code 1999, § 14-109; Ord. +No. +110(95), 1-17-1995) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs" -A "\c" \ + -- "Sec 14-110 Sidewalk Repairs" +\& +.LP +Repairs in all sidewalks shall be of the same material as the original +walk or as may be required otherwise by the city. +Sidewalk repairs shall be approved by the city. +.PP +(Prior Code, § 20-58; Code 1999, § 14-110) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width" -A "\c" \ + -- "Sec 14-111 Sidewalk Construction Specifications, Width" +\& +.IP " 1." 4 +This section governs the construction of concrete sidewalks. +In excavating for concrete sidewalks, the ground shall be brought to a +subgrade of not less than four inches below the finished grade of the +walks. +The subgrade shall be thoroughly tamped if necessary to furnish a solid +foundation. +.IP " 2." 4 +The provisions of the \[dq]Standard Specifications for Highway +Construction, Oklahoma Department of Transportation, 1988 Edition\[dq] +(hereinafter referred to as Standard Specifications) as referenced in +this section are hereby adopted and incorporated herein by reference. +.IP " 3." 4 +Materials for the construction of concrete sidewalks shall meet the +requirements specified in the following subsection of section +700\[em]Materials of the Standard Specifications: Portland Cement +Concrete, Class A, Subsection 701.01. +.IP " 4." 4 +All forming, placing and finishing shall be in accordance with +subsection 414.04 of the Standard Specifications. +A sawed joint shall be made to connect the old and new pavements. +.RS 4 +.IP " 1." 4 +Contraction joints shall be of the dimensions specified. +The sidewalk shall be divided into sections by dummy joints formed by a +jointing tool or other acceptable means as approved by the city +engineer. +These dummy joints shall extend into the concrete for at least one-third +of the depth and shall be approximately one-eighth inch wide; +.IP " 2." 4 +Expansion joints shall be formed around all appurtenances such as +manholes, utility poles, etc., extending into and through the sidewalk, +driveway or dividing strip. +Premoulded expansion joint filler one-half inch thick shall be installed +in these joints. +Expansion joint filler of the thickness indicated shall be installed +between the concrete and any fixed structure such as a building or +bridge. +This expansion joint material shall extend for the full depth of the +concrete; +.IP " 3." 4 +Concrete shall be cured for at least 72 hours. +Curing shall be by means of moist burlap or mats or by other approved +methods. +During the curing period all traffic, both pedestrian and vehicular, +shall be excluded. +Vehicular traffic shall be excluded for such additional time as the city +engineer shall direct; +.IP " 4." 4 +The general practice of crowning the walks in the residence districts is +hereby prohibited. +All walks shall be constructed with a flat surface pitching toward the +curbline at the rate of one-fourth inch per foot; +.IP " 5." 4 +All sidewalks shall be four feet in width in residential areas or +sections and eight feet in width in commercial/industrial areas. +The outside line of four-foot walks shall be six feet from the front +property line and the outside line of eight-foot walks shall be eight +feet from the front property line; +.IP " 6." 4 +The sides of sidewalks and driveways shall be backfilled as soon as the +forms have been removed and the required pointing up of honeycombed +areas completed. +The backfill shall be of approved earth, thoroughly compacted in layers +not exceeding six inches in depth as shown on the plans or in a manner +approved by the city engineer. +Care shall be taken not to damage the concrete or bituminous material in +placing or compacting the backfill. +Where the general elevation of the adjacent ground surface is lower than +the top of the sidewalk or driveway, the minimum width of the backfill +shall be two feet; +.IP " 7." 4 +Sidewalks shall be protected from traffic using substantial barricades +for a period of seven days for concrete unless otherwise permitted or +ordered by the city engineer. +.RE +.IP " 5." 4 +No brick sidewalks shall be built within the city without prior approval +of the city. +.LP +(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty" -A "\c" \ + -- "Sec 14-112 Penalty" +\& +.LP +Any person who violates any provision of this chapter is guilty of an +offense, and, upon conviction thereof, shall be punished as provided in +section 1-108. +Each day upon which a violation continues shall constitute a separate +offense. +.PP +(Code 1999, § 14-112) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS" -A "\c" \ + -- "CHAPTER 14-2 CURB AND STREET CUTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS" -A "\c" \ + -- "ARTICLE 14-2A STREETS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS" -A "\c" \ + -- "ARTICLE 14-2B CURB CUTS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS" -A "\c" \ + -- "ARTICLE 14-2A STREETS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit" -A "\c" \ + -- "Sec 14-201 Unlawful To Cut Without Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit" -A "\c" \ + -- "Sec 14-202 Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond" -A "\c" \ + -- "Sec 14-203 Fee, Bond" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work" -A "\c" \ + -- "Sec 14-204 Notification Of Completion Of Work" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays" -A "\c" \ + -- "Sec 14-205 No Delays" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit" -A "\c" \ + -- "Sec 14-201 Unlawful To Cut Without Permit" +\& +.LP +It is unlawful for any person to cut the pavement or curb in or on any +of the streets, sidewalks, avenues or alleys in the city for the purpose +of laying pipe or other connections for utilities, or to cut or +otherwise injure the pavement or curb on any of the streets, avenues or +alleys for any purpose whatsoever without a permit therefor as provided +by this chapter. +.PP +(Prior Code, § 20-31; Code 1999, § 14-201) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit" -A "\c" \ + -- "Sec 14-202 Permit" +\& +.LP +Every person who desires to lay pipes or lines for the purpose of making +and preparing any connections to utilities which will require the +cutting of the pavement to make such connections shall first procure +from the city engineer a written permit to cut such pavement or curb and +make such installations for the proposed purpose or otherwise. +No person shall have any right or authority to construct or install any +pipes or lines or otherwise cut the pavement or curbs without first +having secured such permit. +.PP +(Prior Code, § 20-31; Code 1999, § 14-202) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond" -A "\c" \ + -- "Sec 14-203 Fee, Bond" +\& +.LP +Any person desiring to cut the pavement or other hard surface on any +street or sidewalk in the city shall pay a fee for the permit and +deposit a bond in such sum as is set by the city. +The fee shall be in such amount as set by the city council by motion or +resolution. +.PP +(Prior Code, § 20-31; Code 1999, § 14-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work" -A "\c" \ + -- "Sec 14-204 Notification Of Completion Of Work" +\& +.LP +All permittees shall, when they have completed the work for which such +cut has been made, notify the city of the completion of such work in +order that the same may be repaired. +.PP +(Code 1999, § 14-204) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays" -A "\c" \ + -- "Sec 14-205 No Delays" +\& +.LP +Any permittee cutting pavement by virtue of a permit as authorized +herein shall perform the excavation or other work without delay or +interruption. +.PP +(Code 1999, § 14-205) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS" -A "\c" \ + -- "ARTICLE 14-2B CURB CUTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits" -A "\c" \ + -- "Sec 14-211 Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee" -A "\c" \ + -- "Sec 14-212 Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection" -A "\c" \ + -- "Sec 14-213 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty" -A "\c" \ + -- "Sec 14-214 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits" -A "\c" \ + -- "Sec 14-211 Permits" +\& +.IP " 1." 4 +It is unlawful for any person to cut, break, tear out or remove the +curbing or any part thereof along the street in the city for any purpose +except upon the following conditions: Any person who desires to cut any +curbing in the city shall first obtain a permit from the city before +doing so. +Application for such permit shall be in writing addressed to the city +engineer and shall state the time and place that the applicant desires +to break the curbing. +The application shall contain such other information as is required by +the city engineer. +.IP " 2." 4 +The city engineer may, in his discretion, refuse to approve any permit +to cut any curbing along the streets of the city when in his opinion the +cutting of the curbing shall constitute a traffic hazard, or interfere +in any way with the safety of the public in the use of the street or +adjacent sidewalk, or in any way deteriorate or damage the street or +interfere with the use thereof by the public. +Only such portions of any curbing may be cut or removed as in the +opinion of the city engineer may be consistent with and not detrimental +to the general public welfare. +.LP +(Code 1999, § 14-211) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee" -A "\c" \ + -- "Sec 14-212 Fee" +\& +.LP +A fee as set by the city council by motion or resolution shall be paid +to the city prior to obtaining the permit required in this article. +.PP +(Code 1999, § 14-212) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection" -A "\c" \ + -- "Sec 14-213 Inspection" +\& +.LP +The removing of such curbing, the construction of the driveway and all +other parts of the work in connection therewith shall be subject to the +inspection and approval of the city engineer. +.PP +(Code 1999, § 14-213) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty" -A "\c" \ + -- "Sec 14-214 Penalty" +\& +.LP +Any person who violates any provision of this article shall be guilty of +a misdemeanor and, upon conviction, shall be punished as provided in +section 1-108. +.PP +(Code 1999, § 14-214) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY" -A "\c" \ + -- "CHAPTER 14-3 CITY RIGHTS-OF-WAY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY" -A "\c" \ + -- "ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED RIGHTS-OF-WAY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES" -A "\c" \ + -- "ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS FACILITIES" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY" -A "\c" \ + -- "ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED RIGHTS-OF-WAY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions" -A "\c" \ + -- "Sec 14-301 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required" -A "\c" \ + -- "Sec 14-302 Registration Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine" -A "\c" \ + -- "Sec 14-303 Registration; Fine" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers" -A "\c" \ + -- "Sec 14-304 Powers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration" -A "\c" \ + -- "Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor Registration; Refusal Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ + -- "Sec 14-306 Criminal History Records Search Or Background Check" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations" -A "\c" \ + -- "Sec 14-307 Contractor/Subcontractor Registration Certificate, Business Limitations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee" -A "\c" \ + -- "Sec 14-308 Registration Fee" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration" -A "\c" \ + -- "Sec 14-309 Applicability Of Contractor/Subcontractor Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration" -A "\c" \ + -- "Sec 14-310 Issuance Or Denial Of Registration" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification" -A "\c" \ + -- "Sec 14-311 Change In Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business; Notification" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal" -A "\c" \ + -- "Sec 14-312 Certificate Of Renewal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required" -A "\c" \ + -- "Sec 14-313 Permits Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way" -A "\c" \ + -- "Sec 14-314 Applications For Work In Right-Of-Way" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions" -A "\c" \ + -- "Sec 14-315 Emergency Conditions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans" -A "\c" \ + -- "Sec 14-316 Errors Within City Plans" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit" -A "\c" \ + -- "Sec 14-317 Validity Of Permit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits" -A "\c" \ + -- "Sec 14-318 Expiration Of Permits" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection" -A "\c" \ + -- "Sec 14-319 Inspection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion" -A "\c" \ + -- "Sec 14-320 Reimbursement; Cost Of Completion" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair" -A "\c" \ + -- "Sec 14-321 Reimbursement; Cost Of Repair" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption" -A "\c" \ + -- "Sec 14-322 Exemption" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation" -A "\c" \ + -- "Sec 14-323 Revocation" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty" -A "\c" \ + -- "Sec 14-324 Violation And Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions" -A "\c" \ + -- "Sec 14-301 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]City utilities\f[R] means any and all facilities conveying water, +sanitary sewage, storm waters, or vehicular and pedestrian traffic or +any other utilities that are owned by the city, or any other federal +agency. +.PP +\f[I]Facilities\f[R] means sidewalks, roadways, sod, streetscapes, +lines, conduits, ducts, poles, wires, cables, receivers, pipes, +culverts, mains, cross arms, and other devices used, operated, or +maintained for movement of liquids, gasses, people, or information. +.PP +\f[I]Private utilities\f[R] means any and all electric, heating gas, +telephone and television signal, internet, or wireless carrier +facilities or any other utilities not owned by the city, or any other +federal agency. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ + -- "881(18)" +\& on 6/4/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required" -A "\c" \ + -- "Sec 14-302 Registration Required" +\& +.LP +Any contractor or subcontractor whose activities are within or upon any +city-owned rights-of-way or easement is hereby required to register with +the city before engaging in such activities. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine" -A "\c" \ + -- "Sec 14-303 Registration; Fine" +\& +.IP " 1." 4 +A person may not engage in the business nor act in the capacity of a +contractor or subcontractor within the city nor may that person bring or +maintain any claim, action, suit, or proceeding in any court of the +state related to the person\[aq]s business or capacity as a contractor +or subcontractor without a valid registration as provided in this +chapter. +.IP " 2." 4 +A person who fails to obtain a valid registration prior to acting as a +contractor or subcontractor as defined in this chapter, a person who +acts as a contractor or subcontractor while his registration is +suspended or revoked, or a person who violates any provision of this +section shall be guilty of a violation, upon conviction, punishable by a +fine not to exceed $500.00. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers" -A "\c" \ + -- "Sec 14-304 Powers" +\& +.LP +The city is authorized to employ personnel and procure such supplies and +equipment as may be necessary to carry out and implement the provisions +of this chapter, subject to budgetary limitations and funding. +The city may promulgate forms to implement the provisions of this +chapter. +The city may administer any provision of this chapter through use of the +Internet or other technology as deemed necessary or appropriate. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration" -A "\c" \ + -- "Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor Registration; Refusal Of Registration" +\& +.IP " 1." 4 +To obtain a contractor registration under this chapter, an applicant who +is 18 years of age or older shall submit, on forms the city prescribes, +an application for registration. +A copy of the contractor\[aq]s certificate of liability insurance shall +be filed with the application and shall be not less than $500,000.00. +Any insurance company issuing a liability policy to a contractor +pursuant to the provisions of this chapter shall be required to notify +the city in the event such liability policy is cancelled for any reason +or lapses for nonpayment of premiums. +In addition, the contractor shall submit proof that the contractor has +secured workers\[aq] compensation coverage satisfactory under the +Workers\[aq] Compensation Act, or an affidavit of exemption or +self-insurance as authorized pursuant to the Workers\[aq] Compensation +Act. +If the city deems it appropriate or necessary, the city may also require +other information to be included on the application form to assist the +city in registering the person as a contractor. +The application shall contain statements that the applicant desires the +issuance of a contractor registration certificate; that the applicant +will comply with the provisions of this chapter; that the applicant will +comply with state laws and local ordinances relating to standards and +permits; that the applicant has or has not been registered or licensed +as a contractor in another state and whether any disciplinary action was +taken against such registration or license or whether it is still in +good standing; and that the nonresident applicant appoints the secretary +of state as legal service agent for all lawful process to be served upon +the applicant for work performed in the state or as otherwise provided +in this chapter. +.IP " 2." 4 +The city shall refuse to register any person if the city determines: +.RS 4 +.IP " 1." 4 +The application contains false, misleading, or incomplete information; +.IP " 2." 4 +The applicant fails or refuses to provide any information requested by +the city; +.IP " 3." 4 +The applicant fails or refuses to pay the required fees; +.IP " 4." 4 +The applicant is ineligible for registration due to a suspended or +revoked registration in the state; +.IP " 5." 4 +The nonresident applicant has a revoked or suspended registration or +license required by law for contractors in another state; or +.IP " 6." 4 +The applicant has failed or refuses to submit any taxes due in the +state. +.RE +.IP " 3." 4 +The city shall notify the applicant in writing if the city denies a +registration or renewal certificate, and shall provide the applicant an +opportunity to respond to or cure any defect in the written application +or renewal for a period of ten days from the date of the written +notification. +An applicant aggrieved by a decision of the city denying a registration +or renewal may appeal the decision to the city manager as provided in +the Administrative Procedures Act, or the applicant may reapply after a +90-day waiting period, if otherwise eligible in the provisions of this +chapter. +The application and renewal fees shall not be refundable. +.IP " 4." 4 +The city shall classify as not in good standing the registration of any +contractor who fails to: +.RS 4 +.IP " 1." 4 +Maintain liability insurance coverage; +.IP " 2." 4 +Maintain workers\[aq] compensation coverage satisfactory under the +Workers\[aq] Compensation Act, or provide an affidavit of exemption or +self-insurance as authorized pursuant to the Workers\[aq] Compensation +Act; +.IP " 3." 4 +File, renew, or properly amend any fictitious name certificate; +.IP " 4." 4 +Maintain an active status of a corporation or registration as a foreign +corporation, a limited liability company or registration as a foreign +limited liability company, a limited liability partnership registration +or foreign limited liability partnership registration, or a limited +partnership certificate or limited partnership or foreign limited +partnership certificate of authority, with the office of the secretary +of state; +.IP " 5." 4 +File or renew a trade name registration; +.IP " 6." 4 +Maintain or renew a contractor registration as provided in this chapter; +.IP " 7." 4 +Notify the city of a change in name, address, legal business entity, or +legal service agent; +.IP " 8." 4 +Maintain a registration as required by law in another state while +registered in the state as a nonresident contractor; or +.IP " 9." 4 +File and pay all taxes when due in the state. +.RE +.IP " 5." 4 +The city shall send a written notice to the person when his registration +is not in good standing. +Any contractor who has been notified by the city that his registration +is not in good standing shall cease soliciting or entering new services +and projects as of the date of such notification; however, the +contractor shall be allowed to complete projects where actual physical +work has begun prior to the date of issuance of the notice that his +registration is not in good standing. +If the contractor fails to correct the deficiency specified in the +notice by evidence satisfactory to the registrar within 30 days of the +date of the notice, or if the contractor solicits or enters into new +services contracts or projects while the contractor\[aq]s registration +is not in good standing, or while such registration is suspended or +revoked, the contractor shall be in violation of the provisions of this +chapter. +Any registration that remains not in good standing for a 60-day period +shall be suspended on the 60th day from the date of issuance of the +notice to the contractor that his registration is not in good standing. +Any registration that remains not in good standing, and is suspended for +such cause, shall be revoked on the 90th day from the date of issuance +of the notice to the contractor that his registration is not in good +standing. +The city shall notify the contractor upon suspension or revocation of +his registration for failure to comply in bringing such registration +into good standing as required by law. +The contractor may reinstate his registration to good standing by paying +the required fees provided in section 14-308 and complying with all +other requirements for issuance of a registration in good standing. +Any person aggrieved by the decision of the city to suspend or revoke a +registration pursuant to this section may appeal such decision to the +city manager\[aq]s office. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ + -- "Sec 14-306 Criminal History Records Search Or Background Check" +\& +.IP " 1." 4 +When deemed appropriate, the city may conduct a criminal history records +search or background check on any applicant or registered contractor and +may investigate the information submitted on a contractor application or +renewal form, provided no adverse action may be taken against the person +until the person has been notified and given an opportunity to respond +in writing. +.IP " 2." 4 +The city, its agents, employees and assigns shall not be liable and are +granted immunity for the acts or omissions of any registered contractor +or its employees, or for any person\[aq]s failure or omission to +properly disclose any information on an application or renewal form, +including, but not limited to, pending criminal charges, arrests or +prior criminal history records, disclosure of his contractor +registration status, or his qualifications to perform or act as a +contractor. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations" -A "\c" \ + -- "Sec 14-307 Contractor/Subcontractor Registration Certificate, Business Limitations" +\& +.LP +The holder of a contractor registration certificate governed by this +chapter is entitled to engage in the business within the city\[aq]s +rights-of-way or easements pursuant to the provisions of this chapter, +and subject to the following limitations: +.IP " 1." 4 +A contractor\[aq]s registration certificate number shall be valid and in +good standing at the time of soliciting a project and during subsequent +job performance; +.IP " 2." 4 +A contractor\[aq]s registration certificate number shall be submitted +when applying for any permit issued by the state, or any of its +political subdivisions, for projects within the rights-of-way or +easement services or projects, if a permit is required by such +authority, and shall be written upon each permit issued; +.IP " 3." 4 +A contractor\[aq]s registration certificate cannot be shared or used by +any other individual or business entity; provided, however, a business +firm, partnership, association, corporation, limited liability company, +or other group or combination thereof acting as a unit may be granted a +single registration certificate number for use by designated contractors +acting as agents for the business entity when the application for +registration contained sufficient information on each member, partner, +officer and agent; +.IP " 4." 4 +Upon any change to the name, address, business entity, or legal service +agent of a contractor, the city shall be notified in writing; +.IP " 5." 4 +A contractor shall comply with state laws and local ordinances relating +to standards and permits for right-of-way or easement services and +projects; and +.IP " 6." 4 +A contractor must pay taxes due in the state. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee" -A "\c" \ + -- "Sec 14-308 Registration Fee" +\& +.IP " 1." 4 +At the time of making application for a contractor registration +certificate pursuant to this chapter, the applicant shall pay to the +city a fee to be set by the city in the city schedule of fees. +.IP " 2." 4 +All monies collected by the city for a contractor registration +application, renewal and other fee assessment shall be deposited by the +city into the general fund. +.IP " 3." 4 +The fee to be submitted with an application for a contractor +registration may be prorated as set by the city. +Unless prorated at the time of initial registration, fees shall be paid +in the amount stated in subsection (A) of this section and such +registration certificates shall expire June 30 each year. +.IP " 4." 4 +A renewal fee for a contractor registration shall be set by the city in +the city schedule of fees. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration" -A "\c" \ + -- "Sec 14-309 Applicability Of Contractor/Subcontractor Registration" +\& +.LP +This does not apply to any work performed for the city under municipal +contract. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration" -A "\c" \ + -- "Sec 14-310 Issuance Or Denial Of Registration" +\& +.LP +Within 25 calendar days from the date of application, the city shall +either issue or deny the contractor registration. +No registration shall be issued to an applicant until the city receives +all documentation and fees necessary to obtain a registration +certificate in good standing. +The registration certificate issued on an original application entitles +the person to act as a contractor within the city\[aq]s rights-of-way or +easements subject to the limitations of this chapter, until the +expiration of the then current fiscal year ending June 30, except that +an initial registration issued in May or June is valid until June 30 of +the subsequent year. +On the effective date of the ordinance from which this chapter is +derived, a prorated registration certificate issued between January 1, +2011, and April 30, 2011, shall be valid until June 30, 2011. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification" -A "\c" \ + -- "Sec 14-311 Change In Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business; Notification" +\& +.LP +No later than ten days after the date of a change in a contractor\[aq]s +name, address, or legal service agent, or upon a registered contractor +ceasing business as a contractor, the person shall notify the city of +the change on a form provided by the city. +A name, address, or legal service agent change shall be accompanied by a +fee to be set by resolution. +A person may not change his name under an active registration +certificate if the change is associated with a change in the legal +status of the business entity other than a change in marital status. +Doing business under a new business name or change in legal status of a +business requires issuance of a new registration certificate. +When a registered contractor ceases to be active as a contractor, the +city shall suspend the registration certificate of such contractor. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal" -A "\c" \ + -- "Sec 14-312 Certificate Of Renewal" +\& +.IP " 1." 4 +Any contractor registration certificate issued under this chapter may be +renewed for each successive fiscal year by obtaining from the city a +certificate of renewal. +To obtain a certificate of renewal, the person shall file with the city +a renewal application by June 30 and pay the renewal fee. +The application for renewal shall require statements under oath that the +applicant has properly submitted income and employment taxes due in the +state and whether or not the applicant has been convicted of any felony +offense, and the nature of such offense, since issuance of the prior +registration. +The applicant shall include with the renewal application a copy of +certificate of liability insurance, unless the registrar has a current +valid certificate of liability insurance on file, and proof of +workers\[aq] compensation coverage, unless exempt under the +Administrative Workers\[aq] Compensation Act (85A O.S. +§ 1 et seq.). +The renewal application need not be notarized. +.IP " 2." 4 +The city shall refuse to renew a contractor\[aq]s registration +certificate for any reason stated in section 14-305. +The city shall notify the applicant in writing if the city denies the +renewal as provided in section 14-310. +.IP " 3." 4 +If any contractor fails to file a renewal application by the June 30 +deadline, that contractor\[aq]s registration shall be not in good +standing. +A contractor has a 30-day grace period after June 30 to renew the +registration certificate without a late fee. +The late fee shall be set by the city in the city schedule of fees. +A contractor registration certificate not renewed by August 30 shall be +suspended for failure to renew, and on January 1, if a contractor\[aq]s +registration certificate still has not been renewed, it shall be revoked +for failure to renew. +.IP " 4." 4 +.IP " 1." 4 +A contractor desiring to renew a registration certificate that has been +suspended for any cause provided in this chapter shall be assessed a fee +equal to twice the amount of the fee established as a renewal amount. +.IP " 2." 4 +The city shall assess a reinstatement fee to be set by the city in the +city schedule of fees plus the fee established by section 14-308 for any +registration that has been revoked for any cause provided in this +chapter. +.IP " 3." 4 +A contractor submitting an application for registration after suspension +or revocation of that contractor\[aq]s registration certificate must be +otherwise eligible for registration under this chapter. +.IP " 5." 4 +The city shall include a registration status notation in a +contractor\[aq]s record if the status of registration changes from an +active and valid registration to not in good standing, denied, suspended +or revoked. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required" -A "\c" \ + -- "Sec 14-313 Permits Required" +\& +.LP +A permit is required for the construction, alteration, modification, or +repair of any or all private utilities where city facilities may be +disturbed on or under the city\[aq]s rights-of-way. +The work shall not be made in any place other than the location +specified on the permit, and no work shall begin until the application +has been approved and a permit has been issued. +.PP +\f[B]Cross reference\f[R]\[em] Building permits, § 5-111; Plumbing, +electrical, mechanical and other permits, § 5-113; Unlawful to cut +without permit, § 14-201; Wireless facility permitting, § 14-403. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ + -- "881(18)" +\& on 6/4/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way" -A "\c" \ + -- "Sec 14-314 Applications For Work In Right-Of-Way" +\& +.LP +Where work is to be done in a right-of-way, and there is no applicable +permit type available elsewhere in this code, or upon the requirement of +the community development director or their designee, a right-of-way +permit application shall be made. +There shall be three tiers of right-of-way permit applications, tier 1, +tier 2, and tier 3. +The applicant shall submit to the city a complete right-of-way permit +application for the appropriate tier in the form provided by the city. +Each tier shall have its own requirements as follows: +.IP " 1." 4 +A tier 1 right-of-way permit shall be required for all utility projects +where the proposed utility is intended to serve one commercial or +residential building or structure for private service. +The community development director, or their designee, shall have final +authority of the classification of the project. +The requirements for application for tier 1 right-of-way permits shall +be as follows: +.RS 4 +.IP " 1." 4 +Applications for such permits shall be filed with the city a minimum of +five days prior to date anticipated commencement of construction. +Applications shall include all of the following: +.RS 4 +.IP " 1." 4 +Complete tier 1 right-of-way permit application form. +.IP " 2." 4 +A description of the private utility services that the applicant will or +does offer. +.IP " 3." 4 +A description of private utilities and/or facilities the applicant will +or proposes to place in, on or over the rights-of-way. +.IP " 4." 4 +A description of public utilities and facilities that the applicant +proposes to remove and replace, cross-over, tie into, or encounter in +any matter in the rights-of-way. +.IP " 5." 4 +Two sets of plans, on 11 inch by 17 inch paper, specifications, and a +network map of the facilities to be located within the city +rights-of-way, if applicable. +.IP " 6." 4 +The schedule and date of beginning shall be approved by the director of +community development or their designee. +.IP " 7." 4 +Additional extensions, repairs, or modifications to permitted facilities +during the life of the rights-of-way permit shall be subject to separate +review, approval, and collection of fees prior to amending the permit +for such addition work. +.IP " 8." 4 +If the location of the proposed private utility lies within state or +federal right-of-way, the provider must provide evidence of a permit +from the state or federal government. +.RE +.RE +.IP " 2." 4 +A tier 2 right-of-way permit shall be required for all emergency and +non-emergency utility repair projects where the proposed utility repair +covers less than 100 linear feet of utility pipe or cable. +Utility repair projects covering more than 100 linear feet or pipe or +cable must obtain a tier 3 right-of-way permit unless otherwise +specified by the community development director or their designee, who +shall have final authority of the classification of the project. +The requirements for application for tier 2 right-of-way permits shall +be as follows: +.RS 4 +.IP " 1." 4 +Applications for such permits shall be filed with the city a minimum of +five days prior to date of anticipated commencement of construction for +non-emergency repairs and shall be made on the next succeeding business +day for emergency repairs whether or not the emergency work has been +completed for emergency repairs. +Applications shall include all of the following: +.RS 4 +.IP " 1." 4 +Complete tier 2 right-of-way permit application form. +.IP " 2." 4 +A description of the private utility services that the applicant will or +does offer. +.IP " 3." 4 +A description of private utilities and/or facilities the applicant will +or proposes to place in, on or over the rights-of-way. +.IP " 4." 4 +A description of public utilities and facilities that the applicant +proposes to remove and replace, cross-over, tie into, or encounter in +any matter in the rights-of-way. +.IP " 5." 4 +Two sets of plans, on 11 inch by 17 inch paper, specifications, and a +network map of the facilities to be located within the city +rights-of-way, if applicable. +.IP " 6." 4 +The schedule and date of beginning shall be approved by the director of +community development or their designee. +.IP " 7." 4 +Additional extensions, repairs, or modifications to permitted facilities +during the life of the rights-of-way permit shall be subject to separate +review, approval, and collection of fees prior to amending the permit +for such addition work. +.IP " 8." 4 +The linear length of the proposed utility repair pipe or cable. +.IP " 9." 4 +When disturbing lanes of traffic and as required by the city based on +the proposed scope of work, provider shall submit a traffic control +plan, storm water pollution prevention plan, and/or trench safety plan; +.RE +.RE +.IP " 3." 4 +A tier 3 right-of-way permit shall be required for all utility projects +where the proposed utility is intended to serve more than one commercial +or residential building or structure for private or public service, +including wireless facilities regulated by article B of this chapter. +The community development director, or their designee, shall have final +authority of the classification of the project. +The requirements for application for tier 3 right-of-way permits shall +be as follows: +.RS 4 +.IP " 1." 4 +The applicant and/or utility company shall coordinate with the city the +location and design of the proposed utility to ensure that the proposed +utility does not interfere with existing utilities and with any city +infrastructure and shall meet required separation distances to city +infrastructure as required by this code and applicable state law. +The city shall make available information regarding the known location +of all city utilities upon request. +.IP " 2." 4 +Applications for such permits shall be filed with the city prior to date +anticipated for the commencement of construction and shall include all +of the following: +.RS 4 +.IP " 1." 5 +Complete tier 3 right-of-way permit application form. +.IP " 2." 5 +A description of the private utility services that the applicant will or +does offer. +.IP " 3." 5 +A description of private utilities and/or facilities the applicant will +or proposes to place in, on or over the rights-of-way. +.IP " 4." 5 +A description of public utilities and facilities that the applicant +proposes to remove and replace, cross-over, tie into, or encounter in +any matter in the rights-of-way. +.IP " 5." 5 +Three sets of plans, on 11 inch x 17 inch paper, specifications, and a +network map of the facilities to be located within the city +rights-of-way and for the entire project. +These plans shall include a site plan indicating the location of the +proposed utility as well as all city infrastructure. +.IP " 6." 5 +The schedule and date of beginning shall be approved by the director of +community development or their designee. +.IP " 7." 5 +Additional extensions, repairs, or modifications to permitted facilities +during the life of the rights-of-way permit shall be subject to separate +review, approval, and collection of fees prior to amending the permit +for such addition work. +.IP " 8." 5 +Provider shall submit a traffic control plan, storm water pollution +prevention plan, and/or trench safety plan, if applicable, and as +required by the city. +.IP " 9." 5 +The names and telephone numbers of at least two persons serving as +emergency contacts for the applicant who can be reached by telephone 24 +hours a day, seven days a week, in the event of an emergency; +.IP " 10." 5 +If the location of the proposed wireless facility lies within state or +federal right-of-way, the provider must provide evidence of a permit +from the state or federal government. +.RE +.IP " 3." 4 +If the city deems necessary, the provider shall provide a hold harmless +agreement with the city for the proposed utility. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ + -- "881(18)" +\& on 6/4/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions" -A "\c" \ + -- "Sec 14-315 Emergency Conditions" +\& +.LP +In the event of an emergency occurring during non-office hours, and +starting of a project is necessary for the protection of public or +private property, said person must contact the police and fire +department; an application for a permit as provided in this chapter +shall be made on the next succeeding business day whether or not the +emergency work has been completed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans" -A "\c" \ + -- "Sec 14-316 Errors Within City Plans" +\& +.LP +Neither the city nor any employee or agent thereof shall be held +responsible for the accuracy or any error appearing in any map. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit" -A "\c" \ + -- "Sec 14-317 Validity Of Permit" +\& +.LP +The issuance of a permit based upon approved plans, specifications, and +other data shall not prevent the director of community development or +his designee from thereafter requiring the correction of errors in said +plans, specifications, and other data or from preventing construction +being carried on thereunder when in violation of this chapter or any +other ordinance or standard of the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits" -A "\c" \ + -- "Sec 14-318 Expiration Of Permits" +\& +.IP " 1." 4 +Every permit issued by the director of community development or his +designee, under the provisions of this chapter shall expire by +limitation and become null and void if the construction authorized by +such a permit is not commenced within 180 days from the date of such +permit, or if the construction authorized by such permit is suspended at +any time after the work is commenced for a period of 180 days. +Before such construction can be recommenced, a new permit shall be first +obtained to do so, and the fee therefor shall be one-half the amount +required for a new permit for such work, provided no changes have been +made or will be made in the original plans and specifications for such +work, and provided that such suspension or abandonment has not exceeded +one year. +In order to renew action on a permit after expiration, the permit fee +shall be a new full permit fee. +.IP " 2." 4 +Any permittee holding an unexpired permit may apply for an extension of +the time within which he may commence work under that permit when he is +unable to commence work within the time required by this section for +good and satisfactory reasons. +The director of community development or his designee may extend the +time for action by the permittee for a period not exceeding 180 days +upon written request by the permittee showing that circumstances beyond +the control of the permittee have prevented action from being taken. +No permit shall be extended more than once. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection" -A "\c" \ + -- "Sec 14-319 Inspection" +\& +.LP +Upon the date of completion, or when notified by the applicant of the +project\[aq]s completion if earlier than the stated date of completion, +the director of community development, or their designee, shall make an +inspection to determine if city facilities or properties have been +restored without damage. +If the community development director or their designee determines that +the project has not been satisfactorily completed, then the applicant +will be given written instructions describing the work which needs +completion. +Additionally, depending on the nature and scope of the work performed +under the permit, the director or their designee may require that a set +of engineer certified \[dq]as-built\[dq] plans be submitted when work is +accepted by the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion" -A "\c" \ + -- "Sec 14-320 Reimbursement; Cost Of Completion" +\& +.LP +If the applicant has still not completed the work identified pursuant to +this chapter, by the agreed upon date, or within such other period that +may be prescribed by the director of community development or his +designee, the city will give notice to the applicant to complete the +project within 30 days. +If the applicant fails to meet such deadline, the city, at its sole +option, may elect to complete or contract to complete the project to +city standards and/or restore city utilities and facilities, and bill +the applicant for time and material costs, plus 20 percent for overhead. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ + -- "881(18)" +\& on 6/4/2018 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair" -A "\c" \ + -- "Sec 14-321 Reimbursement; Cost Of Repair" +\& +.LP +At any time that a city-owned facility is damaged and the city is called +upon to make repairs, the applicant will be billed for time and material +costs, plus 20 percent for overhead. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption" -A "\c" \ + -- "Sec 14-322 Exemption" +\& +.LP +This chapter does not apply to any work performed for the city under +municipal contract. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation" -A "\c" \ + -- "Sec 14-323 Revocation" +\& +.LP +They city shall have the right to revoke the permit of any applicant for +violations of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty" -A "\c" \ + -- "Sec 14-324 Violation And Penalty" +\& +.LP +Any person who shall engage in any business, trade, or vocation for +which a license, permit, certificate, or registration is required by +this chapter, without having a valid license, permit, certificate, or +certificate of registration, as required, or who shall fail to do +anything required by this chapter or by any code adopted by this +chapter, or who shall otherwise violate any provision of this chapter or +of any code adopted by this chapter, or who shall violate any lawful +regulation or order made by any of the officers provided for in this +chapter, shall be guilty of an offense, and, upon conviction thereof, +shall be subject to punishment as provided in section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ + -- "845(17)" +\& on 1/17/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES" -A "\c" \ + -- "ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS FACILITIES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions" -A "\c" \ + -- "Sec 14-401 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability" -A "\c" \ + -- "Sec 14-402 Applicability" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting" -A "\c" \ + -- "Sec 14-403 Permitting" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements" -A "\c" \ + -- "Sec 14-404 Network Node And Node Support Pole Requirements" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles" -A "\c" \ + -- "Sec 14-405 Inventory Of Network Node And Node Support Poles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures" -A "\c" \ + -- "Sec 14-406 Installations On Traffic Signals, Street Signage, Other Traffic Control Structures And Lighting Structures" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights" -A "\c" \ + -- "Sec 14-407 Reservation Of Rights" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability" -A "\c" \ + -- "Sec 14-408 Interference With Operations And Liability" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited" -A "\c" \ + -- "Sec 14-409 Signal Interference With City\[aq]s Communications Infrastructure Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities" -A "\c" \ + -- "Sec 14-410 Abandonment Of Wireless Facilities" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense" -A "\c" \ + -- "Sec 14-411 Relocation And Removal At Provider\[aq]s Expense" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider" -A "\c" \ + -- "Sec 14-412 Removal Or Relocation By Provider" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities" -A "\c" \ + -- "Sec 14-413 Restoration Of Wireless Facilities" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility" -A "\c" \ + -- "Sec 14-414 Provider Responsibility" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty" -A "\c" \ + -- "Sec 14-415 Violation And Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions" -A "\c" \ + -- "Sec 14-401 Definitions" +\& +.LP +For purposes of this chapter, the following terms shall have the +following meanings. +.PP +\f[I]Antenna\f[R] means communications equipment that transmits or +receives electromagnetic radio frequency signals used in the provision +of wireless services. +.PP +\f[I]Collocate\f[R] and \f[I]collocation\f[R] mean the installation, +mounting, maintenance, modification, operation, or replacement of +network nodes in a public right-of-way on or adjacent to a pole. +.PP +\f[I]Decorative pole\f[R] means a streetlight or traffic signal pole +specially designed and placed for aesthetic purposes and on which no +appurtenances or attachments, other than specially designed +informational, directional signage, temporary holiday or special event +attachments, may be placed. +.PP +\f[I]Macro tower\f[R] means a guyed or self-supported pole or monopole +greater than the height parameters of: +.IP " 1." 4 +Ten feet in height above the tallest existing utility pole located +within 500 linear feet of the new pole in the same public right-of-way; +or +.IP " 2." 4 +Fifty-five feet above ground level; or +.IP " 3." 4 +Supports or is capable of supporting antennas. +.LP +\f[I]Micro network node\f[R] means a network node that is not larger in +dimension than 24 inches in length, 15 inches in width, and 12 inches in +height, and that has an exterior antenna, if any, not longer than 11 +inches. +.PP +\f[I]Network node\f[R] means equipment at a fixed location that enables +wireless communications between user equipment and a communications +network. +The term includes: +.IP " 1." 4 +Equipment associated with wireless communications; +.IP " 2." 4 +A radio transceiver, an antenna, a battery-only backup power supply, and +comparable equipment, regardless of technological configuration; and +.IP " 3." 4 +Electrical, coaxial or fiber-optic cable that is immediately adjacent to +and directly associated with a particular collocation and is not to +exceed 50 feet; and +.LP +The term does not include: +.IP " 1." 4 +An electric generator; +.IP " 2." 4 +A pole; or +.IP " 3." 4 +A macro tower. +.LP +\f[I]Network provider\f[R] or \f[I]provider\f[R] means: +.IP " 1." 4 +A wireless service provider; or +.IP " 2." 4 +A person that does not provide wireless services and that is not an +electric utility but builds or installs on behalf of a wireless service +provider: +.RS 4 +.IP " 1." 4 +Network nodes; or +.IP " 2." 4 +Node support poles or any other structure that supports or is capable of +supporting a network node. +.RE +.LP +\f[I]Node support pole\f[R] means a pole installed by a network provider +for the primary purpose of supporting a network node. +.PP +\f[I]Service pole\f[R] means a pole, other than a municipally owned +utility pole, owned or operated by the City and located in a public +right-of-way, including: +.IP " 1." 4 +A pole that supports traffic control functions; +.IP " 2." 4 +A structure for signage; +.IP " 3." 4 +A pole that supports lighting, other than a decorative pole; and +.IP " 4." 4 +A pole or similar structure owned or operated by the City and supporting +only network nodes. +.LP +\f[I]Small cell\f[R] shall be included as a type of \[dq]network +node.\[dq] +.PP +\f[I]Utility pole\f[R] means a pole that provides: +.IP " 1." 4 +Electric distribution with a voltage rating of not more than 34.5 +kilovolts; or +.IP " 2." 4 +Services a telecommunications provider. +.LP +\f[I]Wireless service\f[R] means any service, using licensed or +unlicensed wireless spectrum, including the use of Wi-Fi, whether at a +fixed location or mobile, provided to the public using a network node. +.PP +\f[I]Wireless service provider\f[R] means a person that provides +wireless service to the public. +.PP +\f[I]Wireless facilities\f[R] means \[dq]micro network nodes,\[dq] +\[dq]network nodes,\[dq] and \[dq]node support poles,\[dq] as those +terms are defined in this section, and related ground equipment. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability" -A "\c" \ + -- "Sec 14-402 Applicability" +\& +.IP " 1." 4 +Providers shall adhere to the requirements found in this chapter for the +installation, operation, maintenance, repair, modification, and +replacement of wireless facilities within the city\[aq]s public +right-of-way or on city owned property. +.IP " 2." 4 +Wireless facility installations or collocations, installed other than in +city owned rights-of-way, shall be installed in accordance with all of +the provisions of this code, including the City of Moore Land +Development Code, Part 12, Chapter 2, 3, and 4, Article H. +.IP " 3." 4 +This chapter governs location and criteria for the installation of +wireless facilities, including: micro network nodes, network nodes, node +support poles, and related ground equipment, being installed. +This chapter shall apply to all locations, installations, and +collocations in, on, over or under the public rights-of-way or city +owned property of such wireless facilities, installed pursuant to an +agreement with the city in its discretion. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting" -A "\c" \ + -- "Sec 14-403 Permitting" +\& +.IP " 1." 4 +\f[I]Attachments to existing poles or structures\f[R]. +A provider shall not install, modify or relocate a network node on an +existing pole or structure within the public right-of-way without first +obtaining an approved wireless facility ROW permit from the city. +Prior to installation, modification or relocation of a network node on +an existing pole or structure, provider shall complete and submit to the +city a complete wireless facility ROW permit application and a +commercial electrical permit application, by a qualified electrical +contractor in the form provided by the city, along with standard +required documents. +Up to five separate network nodes may be submitted under one permit +application. +Each permit application shall include the following items: +.RS 4 +.IP " 1." 5 +Payment of the permit application fee as established in the current fee +schedule and all other fees required by the city, including but not +limited to annual fees set forth in a franchise agreement or other +similar approved agreements for use of the city-owned right-of-way, as +such fees may be adjusted from time to time pursuant to the agreement. +.IP " 2." 5 +An aerial map showing the location of the existing pole or structure to +which the network node is proposed to be attached, and a street view +image of the same; +.IP " 3." 5 +Stamped construction and engineering drawings prepared by a professional +engineer licensed in the State of Oklahoma, and for wireless facilities +proposed to be attached to a service pole or other city-owned or +-controlled structure, a certification from the engineer that the +existing pole or structure and its foundations have sufficient +structural stability to support the proposed network node and can bear +the wind load without pole modification. +Such construction and engineering drawings must also address the design +of the connection of any item to the pole; +.IP " 4." 5 +Geographic information system (GIS) data for the location of each +proposed wireless facility in the form required by the city; +.IP " 5." 5 +Detailed drawings, with calculations, showing strict conformity to the +size limitations as set forth in this chapter; +.IP " 6." 5 +Documentation identifying the frequency on which the proposed network +node will operate and a certification that the proposed network node +shall not cause any interference with the city\[aq]s traffic signal +system, public safety radio system, private police cell system, or other +city communications infrastructure; +.IP " 7." 5 +The names and telephone numbers of at least two persons serving as +emergency contacts for the provider who can be reached by telephone 24 +hours a day, seven days a week, in the event of an emergency; +.IP " 8." 5 +Stamped engineering drawings for the electrical service providing power +to the proposed network node, which must include the conduit size, +circuit size, calculations for amp, proposed voltage, and distances +running. +The city is entitled to disconnect power to the network node or other +wireless facilities in emergency situations; +.IP " 9." 5 +Scaled dimensional drawings or pictures of the proposed attachments of +the network node to the existing poles or structures as well as any +other proposed wireless facility, indicating the horizontal and vertical +spacing from existing curbs, driveways, sidewalks, and other existing +poles. +This shall include a before-and-after image of the pole and all proposed +attachments thereto and associated standalone equipment; +.IP " 10." 5 +Scaled dimensional construction and engineering drawings indicating the +current public right-of-way line and showing any proposed underground +conduit and equipment. +Such drawings shall also show a sectional profile of the public +right-of-way and identify all existing utilities and existing utility +conflicts; +.IP " 11." 5 +Where required by the city based on the proposed scope of work, provider +shall submit a traffic control plan, storm water pollution prevention +plan, and/or trench safety plan; +.IP " 12." 5 +If the location of the proposed wireless facility lies within state or +federal right-of-way, the provider must provide evidence of a permit +from the state or federal government; and +.IP " 13." 5 +Certification that the new network node is spaced apart from existing, +approved or proposed new network nodes a distance of at least 1,000 +feet; and +.IP " 14." 5 +The information required to be submitted for construction in +rights-of-way by article A of this chapter. +.RE +.IP " 2." 4 +\f[I]Electrical supply\f[R]. +.RS 4 +.IP " 1." 4 +Provider shall be responsible for obtaining any required electrical +power service to the provider\[aq]s wireless facilities. +Provider\[aq]s electrical supply shall be separately metered from the +city and must match city infrastructure voltage. +The city shall not be liable to the provider for any stoppages or +shortages of electrical power furnished to the wireless facilities, +including without limitation, stoppages or shortages caused by any act, +omission, or requirement of the public utility serving the wireless +facility structure or the act or omission of any other tenant or +provider of the wireless facility structure, or for any other cause +beyond the control of the city; +.IP " 2." 4 +All electrical power service is to be designed and installed according +to part 5, chapter 4 of this Code, including the currently adopted +version of the NEC; +.IP " 3." 4 +A commercial electrical permit is required for all electrical power +service work. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf" -A "\c" \ + -- "987(21)" +\& on 9/20/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements" -A "\c" \ + -- "Sec 14-404 Network Node And Node Support Pole Requirements" +\& +.IP " 1." 4 +\f[I]Installation\f[R]. +Provider shall, at its own cost and expense, install all wireless +facilities in a quality and workmanlike manner and in accordance with +the requirements of this section, other provisions of this chapter, and +all other applicable laws and ordinances. +All work done in connection with the installation, operation, +maintenance, repair, modification, and/or replacement of wireless +facilities shall be in compliance with all applicable laws. +The following requirements apply to the installation, operation, +maintenance, repair, modification, and/or replacement of wireless +facilities: +.RS 4 +.IP " 1." 4 +Wireless facilities shall be concealed or enclosed as much as possible +in an equipment box, cabinet or other enclosure that may include +ventilation openings. +External cables and wires hanging off a pole shall be sheathed or +enclosed in a conduit, so that wires are protected and not visible or +visually minimized to the extent possible; +.IP " 2." 4 +No wireless facility shall be located or placed in a manner that +encroaches on existing or proposed city corner sight triangles or sight +line triangles, as defined by section 12-553 of this Code; +.IP " 3." 4 +Electrical meters shall not be mounted on a service pole or other +city-owned or controlled structure without prior approval from the +community development director or their designee. +Standalone electrical meters shall be located on or within a pad-mounted +pedestal that shall be powder coated a neutral color that harmonizes +with the surrounding area in which it is located. +All electrical meters serving network nodes must display the +provider\[aq]s name and contact information; +.IP " 4." 4 +All power to a network node located on or attached to a service pole or +other city owned or controlled structure must be able to be disconnected +to provide a safe working environment; +.IP " 5." 4 +Use of city conduits for a provider\[aq]s wireless facilities is +prohibited; +.IP " 6." 4 +Network node attachments to a pole shall be installed at least eight +feet above the ground; +.IP " 7." 4 +No protrusion from the outer circumference of the existing structure or +pole to which a network node is attached shall be more than five feet; +.IP " 8." 4 +The color of network nodes shall match the color of the poles or +structures to which they are attached such that the network nodes blend +with the color of the poles or structures and surrounding area +structures; +.IP " 9." 4 +Before beginning excavation in any public right-of-way, provider shall +be responsible for complying with all laws relating to verifying the +location of existing utility lines and facilities and avoiding +encroachment thereon, including the requirements of this chapter; +.RE +.IP " 2." 4 +\f[I]Inspections\f[R]. +.RS 4 +.IP " 1." 4 +The city may perform visual inspections of any wireless facilities +located in the public right-of-way as the city deems appropriate without +notice. +.IP " 2." 4 +In the event of an emergency situation, the city may, but is not +required to, notify provider of an inspection. +The city may take all actions necessary to remediate the emergency +situation and the city shall notify provider as soon as practicable +after remediation is complete. +.IP " 3." 4 +The city shall perform electrical inspections to the electrical supply +systems as required by part 5, chapter 4 of this Code. +.RE +.IP " 3." 4 +\f[I]Placement\f[R]. +.RS 4 +.IP " 1." 4 +\f[I]Design conditions\f[R]. +As a condition for approval of wireless facilities, the city can require +reasonable design or concealment measures for the wireless facilities. +Therefore, any installation that requires design or concealment measures +must have these measures submitted with the permit application. +The city requests that a provider explore the feasibility of using +camouflage measures to improve the aesthetics of the wireless +facilities, or any portion thereof, to minimize the impact to the +aesthetics in these installations. +.IP " 2." 4 +\f[I]Decorative poles\f[R]. +Provider shall neither allow the installation of, nor install wireless +facilities on a decorative pole. +.IP " 3." 4 +\f[I]Public right-of-way\f[R]. +Wireless facilities shall not obstruct, impede, or hinder pedestrian or +vehicular traffic in the public right-of-way or obstruct or interfere +with the legal use of a public right-of-way by other utility providers. +Provider shall promptly remove wireless facilities that are installed in +a location that is not in accordance with the plans approved by the +city, that do not comply with the provisions of this chapter, or that +otherwise render the public right-of-way non-compliant with applicable +laws, including but not limited to the Americans with Disabilities Act. +.RS 4 +.IP " 1." 4 +All node support poles and other ground equipment shall be installed +with a minimum spacing of five feet from any City of Moore owned or +operated water, sewer or drainage infrastructure. +.RE +.IP " 4." 4 +\f[I]Notice to remove unauthorized wireless facilities and penalty\f[R]. +If a provider fails to remove any unauthorized wireless facility or any +wireless facility that is located in an improper location within 30 days +after receiving written notice or the date required by the city, the +provider shall be subject to a penalty of up to $500.00 per day until +the wireless facility is removed or relocated to the correct area within +the permitted location, regardless of whether the provider\[aq]s +contractor, subcontractor, or vendor installed the wireless facility in +strict conformity with this chapter. +.RE +.IP " 4." 4 +\f[I]Generators\f[R]. +Provider shall not allow or install generators or back-up generators in +the public right-of-way. +.IP " 5." 4 +\f[I]Equipment dimensions\f[R]. +.RS 4 +.IP " 1." 4 +Each antenna that does not have exposed elements and is attached to an +existing structure or pole must: +.RS 4 +.IP " 1." 4 +Be located inside an enclosure of not more than six cubic feet in +volume; +.IP " 2." 4 +Not exceed a height of three feet above the existing structure or pole; +and +.IP " 3." 4 +Not protrude from the outer circumference of the existing structure or +pole by more than five feet. +.RE +.IP " 2." 4 +If an antenna has exposed elements and is attached to an existing +structure or pole, the antenna and all of the antenna\[aq]s exposed +elements must: +.RS 4 +.IP " 1." 4 +Fit within an imaginary enclosure of not more than six cubic feet; +.IP " 2." 4 +Not exceed a height of three feet above the existing structure or pole; +and +.IP " 3." 4 +Not protrude from the outer circumference of the existing structure or +pole by more than five feet. +.RE +.IP " 3." 4 +The cumulative size of other wireless equipment associated with the +network node attached to the existing structure or pole may not: +.RS 4 +.IP " 1." 4 +Be more than 28 cubic feet in volume; or +.IP " 2." 4 +Protrude from the outer circumference of the existing structure or pole +by more than five feet. +.RE +.IP " 4." 4 +Ground based enclosures, separate from the pole, housing any equipment +related to the network node, may not be higher than three-feet +six-inches from grade, wider than three-feet six-inches, or deeper than +three-feet six-inches. +.IP " 5." 4 +Equipment attached to a utility pole must be installed in accordance to +the provisions of this chapter, the National Electric Safety Code, the +National Electric Code, and the utility pole owner\[aq]s construction +standards. +.RE +.IP " 6." 4 +\f[I]Signage\f[R]. +.RS 4 +.IP " 1." 4 +Provider shall post its name, location identifying information, and +emergency telephone number in an area on the cabinet of the node support +poles and network nodes that is visible to the public. +Signage required under this section shall not exceed four-by-six inches, +unless otherwise required by law or the city. +.IP " 2." 4 +Provider shall not post any other signage or advertising on the node +support poles and network nodes, or utility pole. +.RE +.IP " 7." 4 +\f[I]Ground equipment\f[R]. +.RS 4 +.IP " 1." 4 +\f[I]Ground equipment near street corners and intersections.\f[R] Ground +equipment shall be minimal and the least intrusive. +Ground equipment must remain out of the sight triangle as described by +section 12-533 of this Code. +.IP " 2." 4 +\f[I]Ground equipment density.\f[R] To enhance the safety requirements +of line of sight of pedestrians, particularly small children, the city +may deny a request for a proposed location. +.RE +.IP " 8." 4 +\f[I]Maintenance\f[R]. +.RS 4 +.IP " 1." 4 +\f[I]Repair\f[R]. +Whenever the installation, placement, attachment, repair, modification, +removal, operation, use, or relocation of wireless facilities, or any +portion thereof, is required and such installation, placement, +attachment, repair, modification, removal, operation, use, or relocation +causes any property of the city to be damaged or to have been altered in +such a manner as to make it unusable, unsafe, or in violation of any +laws, provider, at its sole cost and expense, shall promptly repair and +return such property to its original condition. +If provider does not repair such property or perform such work as +described in this section, then the city shall have the option to +perform or cause to be performed such reasonable and necessary work on +behalf of the provider and to charge the provider for the reasonable and +actual costs incurred by the city. +Provider shall promptly reimburse the city for the costs. +.IP " 2." 4 +\f[I]Graffiti abatement\f[R]. +Provider shall remove all graffiti on any of its wireless facilities +located in the public right-of-way as soon as practical, but not later +than ten days from the date provider receives notice thereof. +.IP " 3." 4 +\f[I]Tree maintenance\f[R]. +Provider and/or its contractors or agents shall obtain written +permission from the city before trimming trees hanging over the +provider\[aq]s wireless facilities to prevent branches of such trees +from contacting the provider\[aq]s wireless facilities. +When directed by the city, provider shall trim such trees under the +supervision and direction of the city. +The provider shall make all reasonable efforts to promote the health and +well-being of any such trees, and shall not at any time trim trees in a +manner that causes unsightly conditions to arise. +The city shall not be liable for any damages, injuries, or claims +arising from provider\[aq]s actions under this section. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf" -A "\c" \ + -- "987(21)" +\& on 9/20/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles" -A "\c" \ + -- "Sec 14-405 Inventory Of Network Node And Node Support Poles" +\& +.IP " 1." 4 +Provider shall maintain a list of its wireless facilities located in the +city and the utility as-builts for associated underground appurtenances +and shall provide the city an inventory of the location and/or as-built +of each such wireless facility and appurtenances upon request from the +city. +Upon the city\[aq]s written request, provider shall provide the +information within 30 days of city\[aq]s request. +The inventory of wireless facilities shall include GIS coordinates, date +of installation, city pole ID number (if applicable), type of pole used +for installation, pole owner, and description/type of installation for +each wireless facility. +With respect to wireless facilities that become inactive, the inventory +shall include the same information as active installations in addition +to the date the wireless facility was deactivated and the date the +wireless facility was removed from the public right-of-way. +The city may compare the inventory to its records to identify any +discrepancies. +.IP " 2." 4 +In the event provider\[aq]s contact information changes and differs from +the information provided on a permit application, provider shall +promptly provide updated contact information to the city for emergency +purposes. +.IP " 3." 4 +Provider shall remit to the city annually beginning January 1, 2021, a +fee per small wireless facility as established in the current fee +schedule and authorized by the State of Oklahoma for the occupancy and +use of the public right-of-way. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349306_943%20(20).pdf" -A "\c" \ + -- "943(20)" +\& on 5/4/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures" -A "\c" \ + -- "Sec 14-406 Installations On Traffic Signals, Street Signage, Other Traffic Control Structures And Lighting Structures" +\& +.IP " 1." 4 +Installations of wireless facilities on a traffic signal structure or +lighting structure must not interfere with the integrity of the +structure in any way that may compromise the safety of the public and +must be in strict conformance with an agreement applicable to each such +installation and the provisions of this chapter. +.IP " 2." 4 +Installation of wireless facilities on any traffic signal structure +shall: +.RS 4 +.IP " 1." 4 +Be encased in a separate conduit than the traffic signal or lighting +electronics; +.IP " 2." 4 +Have a separate electric power connection than the traffic signal or +lighting structure; and +.IP " 3." 4 +Have a separate access point than the traffic signal or lighting +structure; +.RE +.IP " 3." 4 +The city shall have the ability to temporarily cut-off electricity to +the wireless facilities for the safety of maintenance personnel. +In the event of failure of components of the traffic signal system for +whatever reason, including damage resulting from vehicular collisions, +weather-related events, or malicious attacks, city will respond to +restore traffic signal operations as a matter of public safety. +Should the events that result in damage or failure of the traffic signal +system also affect provider\[aq]s wireless facilities, provider shall +have the sole responsibility to repair or replace its wireless +facilities and shall coordinate its own emergency efforts with the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights" -A "\c" \ + -- "Sec 14-407 Reservation Of Rights" +\& +.IP " 1." 4 +The city reserves the right to install, and permit others to install, +utility facilities in the public right-of-way. +In permitting such work to be done by others, the city shall not be +liable to provider for any damage caused by those persons or entities. +.IP " 2." 4 +The city reserves the right to locate, operate, maintain, and remove +city traffic signal poles in the manner that best enables the operation +of its traffic signal system and protects public safety. +.IP " 3." 4 +The city reserves the right to locate, operate, maintain, and remove any +city pole or structure located within the public right-of-way in the +manner that best enables the city\[aq]s operations and protects public +safety. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability" -A "\c" \ + -- "Sec 14-408 Interference With Operations And Liability" +\& +.IP " 1." 4 +The city shall not be liable to a provider for any damage caused by +other providers with facilities sharing the same pole or for failure of +provider\[aq]s wireless facilities for whatever reason, including damage +resulting from vehicular collisions, weather-related events, or +malicious attacks. +.IP " 2." 4 +The city shall not be liable to a provider by reason of inconvenience, +annoyance, or injury to the provider\[aq]s wireless facilities or +activities conducted by provider related thereto, arising from the +necessity of repairing any portion of the public right-of-way, or from +the making of any necessary alterations or improvements in, or to, any +portion of the public right-of-way or in, or to, city\[aq]s fixtures, +appurtenances, or equipment. +The city will use reasonable efforts not to cause material interference +to provider\[aq]s operation of its wireless facilities. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited" -A "\c" \ + -- "Sec 14-409 Signal Interference With City\[aq]s Communications Infrastructure Prohibited" +\& +.IP " 1." 4 +\f[I]No interference\f[R]. +In the event that provider\[aq]s wireless facilities interfere with the +city\[aq]s traffic signal system, public safety radio system, private +police cell system, or other city communications infrastructure, the +provider shall promptly cease operation of the wireless facility causing +such interference upon receiving notice from the city and refrain from +operating such wireless facility in the future. +Provider shall respond to the city\[aq]s notice to address the source of +the interference as soon as practicable, but in no event later than 24 +hours of receiving notice. +.IP " 2." 4 +Protocol for responding to event of interference shall be in strict +conformance with the agreement applicable to each such installation and +the provisions of this chapter. +.RS 4 +.IP " 1." 4 +Additionally, the provider shall include any additional information +relevant to the execution of the remediation plan. +.IP " 2." 4 +In the event that interference with city facilities, services, or +operations cannot be eliminated, provider shall shut down the +interfering wireless facility and remove or relocate the wireless +facility that is the source of the interference as soon as possible to a +suitable alternative location approved by city. +.RE +.IP " 3." 4 +Following installation or modification of a network node, the city may +require provider to test the network node\[aq]s radio frequency and +other functions to confirm it does not interfere with the city\[aq]s +facilities, services, or operations. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities" -A "\c" \ + -- "Sec 14-410 Abandonment Of Wireless Facilities" +\& +.LP +Provider shall remove wireless facilities when such facilities are +abandoned regardless of whether provider receives notice from the city. +The removal of wireless facilities shall be completed in accordance with +the provisions of an agreement with the city and all of the provisions +of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense" -A "\c" \ + -- "Sec 14-411 Relocation And Removal At Provider\[aq]s Expense" +\& +.IP " 1." 4 +Provider shall remove and relocate a wireless facility at its own +expense to an alternative location in accordance to an agreement with +the city, but in no case later than 120 days after receiving written +notice that removal, relocation, and/or alteration of the wireless +facility is necessary. +.IP " 2." 4 +Provider\[aq]s duty to remove and relocate its wireless facility at its +expense is not contingent on the availability of an alternative location +acceptable for relocation. +City may make reasonable efforts to provide an alternative location +within the public right-of-way for relocation, but regardless of the +availability of an alternative site acceptable to provider, provider +shall comply with the notice to remove its wireless facility as +instructed. +.IP " 3." 4 +The city may remove the wireless facility if provider does not remove +the wireless facility within 120 days. +In such event, provider shall reimburse city for the city\[aq]s actual +cost of removal of provider\[aq]s wireless facility within 30 days of +receiving an invoice from the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider" -A "\c" \ + -- "Sec 14-412 Removal Or Relocation By Provider" +\& +.IP " 1." 4 +If the provider removes or relocates a wireless facility at its own +discretion, it shall notify the city in writing not less than ten days +prior to removal or relocation. +Provider shall obtain all permits required for relocation or removal of +its wireless facilities prior to relocation or removal. +.IP " 2." 4 +The city shall not issue any refunds for any amounts paid by provider +for wireless facilities that have been removed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities" -A "\c" \ + -- "Sec 14-413 Restoration Of Wireless Facilities" +\& +.LP +Provider shall repair any damage to the public right-of-way and the +property of any third party resulting from provider\[aq]s removal or +relocation activities or any other of provider\[aq]s activities within +ten days following the date of such removal, relocation, or activity, at +provider\[aq]s sole cost and expense, including restoration of the +public right-of-way and such other property to substantially the same +condition as it was immediately before the date provider was granted a +permit for the applicable location, including restoration or replacement +of any damaged trees, shrubs, or other vegetation. +Such repair, restoration and replacement shall be subject to the sole +approval of the city and according to the provisions of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility" -A "\c" \ + -- "Sec 14-414 Provider Responsibility" +\& +.LP +Provider shall be responsible and liable for the acts and omissions of +provider\[aq]s employees, temporary employees, officers, directors, +consultants, agents, affiliates, subsidiaries, and subcontractors in +connection with the performance of activities within the city\[aq]s +public right-of-way, as if such acts or omissions were provider\[aq]s +acts or omissions. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty" -A "\c" \ + -- "Sec 14-415 Violation And Penalty" +\& +.LP +Any person found in violation of the provisions of this chapter, or fail +to do anything required by this part or by any part of any code adopted +by this part, or who shall violate any lawful regulation or order made +by any of the officers provided for in this part, shall be guilty of an +offense, and upon conviction thereof, shall be subject to punishment as +provided by section 1-108 of this Code. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ + -- "876(17)" +\& on 12/18/2017 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_15_TRAFFIC_AND_VEHICLES" -A "\c" \ + -- "PART 15 TRAFFIC AND VEHICLES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 15-1 GENERAL PROVISIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES" -A "\c" \ + -- "CHAPTER 15-2 TRAFFIC-CONTROL DEVICES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT" -A "\c" \ + -- "CHAPTER 15-3 EQUIPMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED" -A "\c" \ + -- "CHAPTER 15-4 CERTAIN VEHICLES PROHIBITED" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING" -A "\c" \ + -- "CHAPTER 15-5 DRIVING, OVERTAKING AND PASSING" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING" -A "\c" \ + -- "CHAPTER 15-6 STOPPING, STANDING AND PARKING" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS" -A "\c" \ + -- "CHAPTER 15-7 SPEED REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY" -A "\c" \ + -- "CHAPTER 15-8 RIGHT-OF-WAY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS" -A "\c" \ + -- "CHAPTER 15-9 TURNING MOVEMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS" -A "\c" \ + -- "CHAPTER 15-10 ONE-WAY STREETS AND ALLEYS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING" -A "\c" \ + -- "CHAPTER 15-11 TRUCK ROUTES AND PARKING" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES" -A "\c" \ + -- "CHAPTER 15-12 LOADING ZONES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS" -A "\c" \ + -- "CHAPTER 15-13 PUBLIC CARRIER STOPS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS" -A "\c" \ + -- "CHAPTER 15-14 ACCIDENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES" -A "\c" \ + -- "CHAPTER 15-15 MOTORCYCLES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES" -A "\c" \ + -- "CHAPTER 15-16 BICYCLES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS" -A "\c" \ + -- "CHAPTER 15-17 PEDESTRIANS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT" -A "\c" \ + -- "CHAPTER 15-18 ENFORCEMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES" -A "\c" \ + -- "CHAPTER 15-19 IMPOUNDMENT OF VEHICLES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE" -A "\c" \ + -- "CHAPTER 15-20 PENALTIES AND ARREST PROCEDURE" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS" -A "\c" \ + -- "CHAPTER 15-1 GENERAL PROVISIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions" -A "\c" \ + -- "Sec 15-101 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form" -A "\c" \ + -- "Sec 15-102 Security Verification Form" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter" -A "\c" \ + -- "Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or This Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter" -A "\c" \ + -- "Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward To Violate Chapter" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws" -A "\c" \ + -- "Sec 15-105 Adoption Of State Vehicle Laws" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions" -A "\c" \ + -- "Sec 15-101 Definitions" +\& +.LP +The following words, terms and phrases, when used in this part, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Alley\f[R] means any narrow public passageway or street ordinarily +located in the interior portion of platted blocks, having no legal or +official name other than alley, as herein defined, and ordinarily open +to traffic and used for service or delivery purposes to the rear of +stores, dwellings or buildings. +.PP +\f[I]Arterial street\f[R] means any U.S. +or state numbered route, controlled-access highway or other major radial +or circumferential street or highway designated by local authorities +within their respective jurisdictions as part of a major arterial system +of streets or highways. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-102. +.PP +\f[I]Authorized emergency vehicle\f[R] means: +.IP " 1." 4 +Vehicles of fire departments; +.IP " 2." 4 +Ambulances or vehicles specified pursuant to 63 O.S. +§ 1-2512(B) of licensed ambulance service providers; +.IP " 3." 4 +State vehicles of law enforcement agencies; +.IP " 4." 4 +County vehicles of sheriffs and full-time commissioned deputies and +vehicles designated by the sheriff for support of the sheriff\[aq]s +office, including privately-owned vehicles driven by the sheriff and +full-time, part-time and reserve commissioned deputies, provided the +audible sirens and flashing red lights equipped on such privately-owned +vehicles are used only in a law enforcement capacity and in the course +of duty; +.IP " 5." 4 +Municipal vehicles of police departments; +.IP " 6." 4 +Vehicles owned and operated by the United States Marshals Service or the +Federal Bureau of Investigation; +.IP " 7." 4 +Vehicles of the Oklahoma National Guard units designated by the Adjutant +General for support to civil authorities; or +.IP " 8." 4 +Vehicles owned and operated by any local organization for emergency +management as defined by 63 O.S. +§ 683.3. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-103. +.PP +\f[I]Bicycle\f[R] means every device upon which any person may ride, +propelled solely by human power through a belt, chain, or gears, and +having two or more wheels; excluding mopeds. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-104. +.PP +\f[I]Boulevard\f[R] or \f[I]through street\f[R] means any street or +highway on which vehicular traffic is given preferential right-of-way, +and at the entrances to which vehicular traffic from intersecting +highways is required by law to yield the right-of-way to vehicles on +such through highway in obedience to either a stop sign or a yield sign, +when such signs are erected as provided by law or ordinance. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-175. +.PP +\f[I]Bus\f[R] means every motor vehicle designed for carrying more than +ten passengers and used for the transportation of persons, and every +motor vehicle, other than a taxicab, designed and used for the +transportation of persons for compensation. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-105. +.PP +\f[I]Business district\f[R] means the territory contiguous to and +including a highway when within any 600 feet along such highway there +are buildings in use for business or industrial purposes, including, but +not limited to, hotels, banks, office buildings, railroad stations or +public buildings which occupy at least 300 feet of frontage on one side +or 300 feet collectively on both sides of the highway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-106. +.PP +\f[I]Bus loading zone\f[R] means a place adjacent to a curb reserved for +the exclusive use of vehicles during the loading or unloading of +passengers. +.PP +\f[I]Commercial chauffeur\f[R] and \f[I]chauffeur\f[R] mean every person +who operates, drives or is in actual physical control of a Class A, B or +C commercial motor vehicle, as defined in 47 O.S. +§§ 1-107.1\[em]1-107.3. +.PP +\f[I]Commercial vehicles\f[R]. +.IP " 1." 4 +\f[I]Class A\f[R]. +Any combination of vehicles, except a Class D motor vehicle, with a +gross combined weight rating of 26,001 or more pounds, provided the +gross vehicle weight rating of the vehicles being towed is in excess of +10,000 pounds. +.IP " 2." 4 +\f[I]Class B\f[R]. +Any single vehicle, except a Class D motor vehicle, with a gross vehicle +weight rating of 26,001 or more pounds, or any such vehicle towing a +vehicle not in excess of 10,000 pounds gross vehicle weight rating. +This class shall apply to a bus with a gross vehicle weight rating of +26,001 or more pounds and designed to transport 16 or more persons, +including the driver. +.IP " 3." 4 +\f[I]Class C\f[R]. +Any single vehicle or combination of vehicles, other than a Class A or +Class B vehicle as defined above, which is: +.RS 4 +.IP " 1." 4 +Required to be placarded for hazardous materials under 49 CFR 172, +subpart F; or +.IP " 2." 4 +Designed by the manufacturer to transport 16 or more persons, including +the driver. +.RE +.IP " 4." 4 +\f[I]Class D\f[R]. +.RS 4 +.IP " 1." 4 +A Class D motor vehicle is any motor vehicle or combination of vehicles +which: +.RS 4 +.IP " 1." 4 +Regardless of weight: +.RS 4 +.IP " 1." 4 +Is marked and used as an authorized emergency vehicle, as defined in +section 15-101; or +.IP " 2." 4 +Is designed and used solely as a recreational vehicle; +.RE +.IP " 2." 4 +Is a single or combination vehicle with a gross combined weight rating +of less than 26,001 pounds; +.IP " 3." 4 +Is a single or combination farm vehicle with a gross combined weight +rating of more than 26,001 pounds if: +.RS 4 +.IP " 1." 4 +It is entitled to be registered with a farm tag and has a farm tag +attached thereto; +.IP " 2." 4 +It is controlled and operated by a farmer, his family or employees; +.IP " 3." 4 +It is used to transport either agricultural products, farm machinery, +farm supplies or any combination of those materials to or from a farm; +.IP " 4." 4 +It is not used in the operations of a common or contract motor carrier; +and +.IP " 5." 4 +It is used within 150 air miles of the person\[aq]s farm or as otherwise +provided by federal law; or +.RE +.IP " 4." 4 +Is operated by a licensed driver employed by a unit of local government +that operates a commercial motor vehicle within the boundaries of that +unit of local government for the purpose of removing snow or ice from a +roadway by plowing, sanding or salting, if: +.RS 4 +.IP " 1." 4 +The properly licensed employee who ordinarily operates a commercial +vehicle for these purposes is unable to operate the vehicle; or +.IP " 2." 4 +The employing governmental entity determines that a snow or ice +emergency requires additional assistance. +.RE +.RE +.IP " 2." 4 +A Class D motor vehicle shall not include any vehicle which is: +.RS 4 +.IP " 1." 4 +Designed to carry 16 or more passengers, including the driver; or +.IP " 2." 4 +Required to be placarded for hazardous materials under 49 CFR 172, +subpart F, provided a farm vehicle, as defined in subsection (D)(1)c of +this definition, which is required to be placarded for hazardous +materials under 49 CFR 172, subpart F, shall be considered to be a Class +D motor vehicle. +.RE +.RE +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§§ 1-107.1\[em]1-107.4. +.PP +\f[I]Crosswalk\f[R] means that part of a roadway at an intersection +included within the connections of the lateral lines of the sidewalks on +opposite sides of the roadway measured from the curbs, or in the absence +of curbs, from the edges of the traversable roadway; any portion of a +roadway at an intersection or elsewhere distinctly indicated for +pedestrian crossing by lines or other markings on the surface. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-111. +.PP +\f[I]Curb loading zones\f[R] means a space adjacent to a curb reserved +for the exclusive use of vehicles during the loading or unloading of +passengers, freight or materials. +.PP +\f[I]Curb\f[R] means the edge of a roadway marked or understood as such. +.PP +\f[I]Daytime\f[R] means one-half hour before sunrise until one-half hour +after sunset. +The term \[dq]nighttime\[dq] means any other time. +.PP +\f[I]Double park\f[R] means the standing or stopping of a vehicle, +whether occupied or not, on the roadway. +.PP +\f[I]Driver\f[R] means every person who drives or is in actual physical +control of a vehicle. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-114. +.PP +\f[I]Emergency\f[R] means a condition suddenly created, requiring +immediate action for the preservation of public peace, health or safety, +and among other things particularly means any fire, unusual storm, +death, riot or unusual traffic condition. +.PP +\f[I]Explosives\f[R] means as defined in 49 CFR 173. +.PP +\f[I]Flammable liquid\f[R] means liquid which has a flash point of 70 +degrees Fahrenheit or less, as determined by a Tagliabue or equivalent +closed-up test device and having a vapor pressure not exceeding 40 psi +at 100 degrees Fahrenheit. +.PP +\f[I]Intersection means:\f[R] +.IP " 1." 4 +The area embraced within the prolongation or connection of the lateral +curblines, or, if none, then the lateral boundary lines of the roadways +of two highways which join one another at, or approximately at, right +angles, or the area within which vehicles traveling upon different +highways joining at any other angle may come in conflict; or +.IP " 2." 4 +Where a highway includes two roadways 30 feet or more apart, then every +crossing of each roadway of such divided highway by an intersecting +highway shall be regarded as a separate intersection. +In the event such intersecting highway also includes two roadways 30 +feet or more apart, then every crossing of two roadways of such highways +shall be regarded as a separate intersection. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-126. +.PP +\f[I]Laned roadway\f[R] means a roadway which is divided into two or +more clearly marked lanes for vehicular traffic. +.PP +\f[I]License to operate a motor vehicle\f[R] means: +.IP " 1." 4 +Any valid driver\[aq]s license or permit to operate a motor vehicle +issued under the laws of the state, including any temporary license or +instruction permit, the lawful possession of which by a resident of the +state shall be evidence that the resident has been granted the privilege +to operate a motor vehicle. +.IP " 2." 4 +Any nonresident\[aq]s operating privilege as defined in section 47 O.S. +§ 1-138, which is evidenced by the lawful possession of a valid +driver\[aq]s license or permit to operate a motor vehicle issued under +the laws of another state. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-128. +.PP +\f[I]Motorcycle\f[R] means every motor vehicle having a seat or saddle +for the use of the rider and designed to travel on not more than three +wheels in contact with the ground, but excluding a tractor; and a +combustion engine with a piston or rotor displacement of 150 cubic +centimeters or greater. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-135. +.PP +\f[I]Motor-driven cycle\f[R] means any motor vehicle having a power +source that if the power source is a combustion engine, has a piston or +rotor displacement of greater than 35 cubic centimeters but less than +150 cubic centimeters regardless of the number of chambers in the power +source, if the power source is electric, has a power output of greater +than 1,000 watts; and a seat or saddle for the use of each rider; and +not more than three wheels in contact with the ground. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-136. +.PP +\f[I]Metal tire\f[R] means every tire, the surface of which in contact +with the highway is wholly or partly of metal or other hard, +nonresilient material. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-133. +.PP +\f[I]Motor vehicle\f[R] means every vehicle which is self-propelled and +every vehicle not operated upon rails. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-134. +.PP +\f[I]Motor vehicle accident\f[R] is defined and classified as in the +\[dq]Manual on Classification of Motor Vehicle Traffic Accidents\[dq] +prepared by the Committee on Uniform Traffic Accident Statistics, +Traffic Conference, and distributed by the National Safety Council. +.PP +\f[I]Muffler\f[R] means a device designed for the use on a particular +internal-combustion engine and properly affixed thereto for the purpose +of reducing the exhaust noise of such engine to an unobjectionable +level. +.PP +\f[I]Official traffic-control devices\f[R] means all signs, barricades, +signals, markings and devices not inconsistent with this part placed or +erected by authority of a public body or official having jurisdiction +for the purpose of regulating, warning or guiding traffic which conforms +to the latest edition of the \[dq]Manual on Uniform Traffic Control +Devices for Streets and Highways,\[dq] published by the U.S. +Department of Transportation, a copy of which is on file. +.PP +\f[I]Operator\f[R] means every person, other than a commercial chauffeur +or chauffeur, who drives or is in actual physical control of a motor +vehicle upon a highway or who is exercising control over or steering a +vehicle being towed by a motor vehicle. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-149. +.PP +\f[I]Owner\f[R] means a person who holds the legal title of a vehicle; +or in the event a vehicle is the subject of an agreement for the +conditional sale or lease thereof with a right of purchase upon +performance of the conditions stated in the agreement and with an +immediate right of possession vested in the conditional vendee or +lessee, or in the event a mortgagor of a vehicle is entitled to +possession, then such conditional vendee or lessee or mortgagor shall be +deemed the owner. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-141. +.PP +\f[I]Park\f[R] or \f[I]parking\f[R] means the standing of a vehicle, +whether occupied or not, otherwise than temporarily for the purpose of +and while actually engaged in loading or unloading merchandise or +passengers; a public parking lot is any parking lot on right-of-way +dedicated to public use or owned by the state or a political subdivision +thereof. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-142. +.PP +\f[I]Passenger\f[R] means a rider in any vehicle other than the driver. +.PP +\f[I]Pedestrian\f[R] means any person afoot. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-143. +.PP +\f[I]Police officer\f[R] means every officer of the municipal police +department or any officer authorized to direct or regulate traffic or to +make arrests for violations of traffic regulations. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-147. +.PP +\f[I]Private road\f[R] or \f[I]driveway\f[R] means every way or place in +private ownership and used for vehicular travel by the owner and those +having express or implied permission from the owner, but not by other +persons. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-148. +.PP +\f[I]Railroad\f[R] means a carrier of persons or property operated upon +stationary rails. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-149. +.PP +\f[I]Railroad sign\f[R] or \f[I]signal\f[R] means any sign, signal or +device erected by authority of a public body or official or by a +railroad and intended to give notice of the presence of railroad tracks +or the approach of a railroad train. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-150. +.PP +\f[I]Railroad train\f[R] means a steam engine, electric or other motor, +with or without cars coupled thereto, operated upon rail. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-151. +.PP +\f[I]Registration\f[R] means the registration certificates and +registration plates issued under the laws of the state pertaining to the +registration of vehicles. +.PP +\f[I]Residence district\f[R] means the territory contiguous to and +including a highway not comprising a business district when the property +on such highway for a distance of 300 feet or more is in the main +improved with residences or residences and buildings in use for +business. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-154. +.PP +\f[I]Revocation of driver\[aq]s license\f[R] or \f[I]revocation of +driving privilege\f[R] means the termination by formal action of the +department of a person\[aq]s driver\[aq]s license or privilege to +operate a motor vehicle on the public highways, such action shall +include the requirement of the surrender to the department of public +safety said person\[aq]s driver\[aq]s license. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-155. +.PP +\f[I]Right-of-way\f[R] means the privilege of the immediate use of the +roadway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-156. +.PP +\f[I]Road tractor\f[R] means every motor vehicle designed and used for +drawing other vehicles and not so constructed as to carry any load +thereon either independently or any part of the weight of a vehicle or +load so drawn. +.PP +\f[I]Roadway\f[R] means that portion of a highway improved, designed or +ordinarily used for vehicular traffic, exclusive of the shoulder. +In the event a highway includes two or more separate roadways, the term +\[dq]roadway\[dq] as used herein refers to any such roadway separately +but not to all such roadways collectively. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-158. +.PP +\f[I]Safety zone\f[R] or \f[I]island\f[R] means an area or space +officially set apart within a roadway for the exclusive use of +pedestrians and which is protected or is so marked or indicated by +adequate signs as to be plainly visible at all times while set apart as +a safety zone. +.PP +\f[I]School bus\f[R] means every motor vehicle owned by a public or +governmental agency and operated for the transportation of children to +or from school or privately-owned and -operated for compensation for the +transportation of children to or from school. +The term \[dq]school bus\[dq] shall not include buses normally used in +city transit which may be used part-time for transportation of school +children within the city during some portion of the day. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-160. +.PP +\f[I]Semi-trailer\f[R] means every vehicle with or without motive power, +other than a pole trailer, designed for carrying persons or property and +for being drawn by a motor vehicle and so constructed that some part of +its weight and that of its load rests or is carried by another vehicle. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-162. +.PP +\f[I]Shoulder\f[R] means the portion of the roadway contiguous with the +traveled way for accommodation of stopped vehicles, for emergency use, +and for lateral support of base and surface courses. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-158. +.PP +\f[I]Sidewalk\f[R] means that portion of a street between the curblines, +or the lateral lines of a roadway, and the adjacent property lines, +intended for use of pedestrians. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-163. +.PP +\f[I]Solid tire\f[R] means every tire of rubber or other resilient +material which does not depend upon compressed air for the support of +the load. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-164. +.PP +\f[I]Stand\f[R] or \f[I]standing\f[R] means the halting of a vehicle, +whether occupied or not, otherwise than temporarily for the purpose of +and while actually engaged in receiving or discharging passengers. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-167. +.PP +\f[I]Stop\f[R], when required, means complete cessation from movement. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-169. +.PP +\f[I]Stop\f[R] or \f[I]stopping\f[R], when prohibited, means any +halting, even momentarily, of a vehicle, whether occupied or not, except +when necessary to avoid conflict with other traffic or in compliance of +the directions of a police officer, a traffic-control sign or signal. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-170. +.PP +\f[I]Street\f[R] or \f[I]highway\f[R] means the entire width between the +boundary lines of every way publicly maintained when any part thereof is +open to the use of the public for purposes of vehicular travel. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-122. +.PP +\f[I]Suspension of driver\[aq]s license orsuspension of driver\[aq]s +privilege\f[R] means the temporary withdrawal by formal action of the +department of a person\[aq]s driver\[aq]s license or privilege to +operate a motor vehicle on the public highways. +Such action shall include the requirement of the surrender to the +department of public safety said person\[aq]s driver\[aq]s license. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-173. +.PP +\f[I]Taxicab\f[R] means and includes any motor vehicle for hire, +designed to carry eight persons or less, operated upon any street or +highway, or on call or demand, accepting or soliciting passengers +indiscriminately for transportation for hire between such points along +streets or highways as may be directed by the passenger or passengers so +being transported. +This classification shall not include: +.IP " 1." 4 +Motor vehicles of eight-passenger capacity or less operated by the owner +where the cost of operation is shared by fellow workmen between their +homes and the place of regular daily employment, when not operated for +more than two trips per day; +.IP " 2." 4 +Motor vehicles operated by the owner where the cost of operation is +shared by the passengers on a \[dq]share the expense plan\[dq]; or +.IP " 3." 4 +Motor vehicles transporting students from the public school system when +said motor vehicle is so transporting under contract with a public, +private, or parochial school board or governing body. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-174. +.PP +\f[I]Through street\f[R] or \f[I]highway\f[R] means every highway or +portion thereof on which vehicular traffic is given preferential +right-of-way, and at the entrances to which vehicular traffic from +intersecting highways is required by law to yield the right-of-way to +vehicles on such through highway in obedience to either a stop sign or a +yield sign, when such signs are erected as provided by law or ordinance. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-175. +.PP +\f[I]Traffic\f[R] means pedestrians, ridden or herded animals, vehicles +and other conveyances, either single or together, while using any +highway for purposes of travel. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-177. +.PP +\f[I]Traffic-control signal\f[R] means any device, whether manually, +electrically or mechanically operated, by which traffic is alternatively +directed to stop, proceed or proceed with caution. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-178. +.PP +\f[I]Traffic lane\f[R] means the portion of the traveled way for the +movement of a single line of vehicles. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-179. +.PP +\f[I]Trailer\f[R] means every vehicle with or without motive power, +other than a pole trailer, designed for carrying persons or property and +for being drawn by a motor vehicle and so constructed that no part of +its weight rests upon the towing vehicle; provided, however, this +definition shall not include implements of husbandry as defined in 47 +O.S. +§ 1-125. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-180. +.PP +\f[I]Truck\f[R] means every motor vehicle designed, used or maintained +primarily for the transportation of property. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-182. +.PP +\f[I]Urban district\f[R] means the territory contiguous to and including +any street which is built up with structures devoted to business, +industry or dwelling houses situated at intervals of less than 100 feet +for a distance of a quarter of a mile or more. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-185. +.PP +\f[I]U-turn\f[R] means turning a vehicle around so as to proceed in the +opposite direction. +.PP +\f[I]Vehicle\f[R] means every device in, upon or by which any person or +property is or may be transported or drawn upon a highway, except +devices used exclusively upon stationary rails or tracks; this shall not +include implements of husbandry, electric personal assistive mobility +devices, and motorized wheelchairs. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 1-186. +.PP +\f[I]Yield\f[R] means the yielding of the right-of-way to all vehicles +or pedestrians approaching from the right or left intersecting street +which are so close as to constitute an immediate hazard. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form" -A "\c" \ + -- "Sec 15-102 Security Verification Form" +\& +.IP " 1." 4 +Unless otherwise provided by law, no motor vehicle shall be operated +within the city unless there is in effect with respect to such vehicle +security for the payment of loss resulting from the liability imposed by +law for bodily injury, death and property damage sustained by any person +arising out of the ownership, maintenance, operation or use of the +vehicle. +Every person, while operating or using a motor vehicle within the city +which is not owned by such person, shall maintain in force security for +the bodily injury, death or property damage sustained by any person +arising out of the operation or use of the vehicle, unless such security +has been provided by the owner in accordance with this section which +does not exclude the person from coverage. +Proof of such security shall be carried in the vehicle at all times and +shall be produced for inspection upon request by any law enforcement +officer or representative of the department of public safety and, in +case of collision, such proof shall be shown upon request of any person +affected by the collision. +.IP " 2." 4 +The following shall not be required to carry an owner\[aq]s or +operator\[aq]s security verification form or an equivalent form from the +department of public safety during operation of the vehicle: +.RS 4 +.IP " 1." 4 +Any vehicle owned or leased by the federal or state government, or any +agency or political subdivision thereof; +.IP " 2." 4 +Any vehicle bearing the name, symbol or logo of a business, corporation +or utility on the exterior, and which is in compliance with provisions +of 47 O.S. +§§ 7-600\[em]7-607, according to the records of the state department of +public safety which reflect a deposit, bond, self-insurance, or fleet +policy; +.IP " 3." 4 +Any vehicle authorized for operation pursuant to a permit number issued +by the interstate commerce commission or the corporation commission; +.IP " 4." 4 +Any licensed taxicab; and +.IP " 5." 4 +Any vehicle owned by a licensed motor vehicle dealer. +.RE +.IP " 3." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I] +.br +Compulsory Insurance Law\f[R] means the law requiring liability +insurance in conjunction with the operation of a motor vehicle in the +state as found in 47 O.S. +§ 7-606. +.br +\f[I] +.br +Online verification system for motor vehicle insurance\f[R] is an online +verification system for motor vehicle liability policies as required by +the Compulsory Insurance Law which is provided and maintained by the +department of public safety. +Any law enforcement officer, to establish compliance with the Compulsory +Insurance Law during a traffic stop or accident investigation, shall +access information from the online verification system to verify the +current validity of the policy described on a security verification form +produced by the operator of each motor vehicle during the traffic stop +or accident investigation. +If compliance is not confirmed for the policy described on the security +verification form produced by the operator and a subsequent +investigation conducted by the officer verifies that the operator is not +in compliance or if no security verification form is produced, the +officer shall issue a citation to the operator for failure to comply +with the Compulsory Insurance Law. +Establishing compliance with the Compulsory Insurance Law through the +online verification system shall not be the primary cause for law +enforcement to stop a motor vehicle. +.br +\f[I] +.br +Operator\[aq]s policy\f[R] means an operator\[aq]s policy of liability +insurance which shall insure the named person against loss from the +liability imposed upon him by law for damages arising out of the +operation or use by him of any motor vehicle not owned by him, subject +to the same limits of liability required in an owner\[aq]s policy. +.br +\f[I] +.br +Owner\[aq]s policy\f[R] means an owner\[aq]s policy of liability +insurance which: +.RS 4 +.IP " 1." 4 +Shall designate by explicit description or by appropriate reference all +vehicles with respect to which coverage is thereby to be granted; +.IP " 2." 4 +Shall insure the person named therein and insure any other person, +except as provided in subsection (3) of this definition, using an +insured vehicle with the express or implied permission of the named +insured, against loss from the liability imposed by law for damages +arising out of the ownership, maintenance, operation or use of such +vehicle; +.IP " 3." 4 +May provide for exclusions from coverage in accordance with existing +laws; and +.IP " 4." 4 +Shall be issued by an authorized carrier providing coverage in +accordance with 47 O.S. +§ 7-204. +\f[I]Security\f[R] means: +.IP " 1." 4 +A policy or bond meeting the requirements of 47 O.S. +§ 7-204; +.IP " 2." 4 +A deposit of cash or securities having the equivalency of limits +required under 47 O.S. +§ 7-330 as acceptable limits for a policy or bond; or +.IP " 3." 4 +Self-insurance, pursuant to the provisions of 47 O.S. +§ 7-503, having the equivalency of limits required under 47 O.S. +§ 7-204 as acceptable limits for a policy or bond. +\f[I]Security verification form\f[R] means a form, approved by the state +insurance commissioner, verifying the existence of security required by +the Compulsory Insurance Law of the state. +.RE +.IP " 4." 4 +An owner or operator who fails to produce for inspection a valid and +current security verification form or equivalent form which has been +issued by the department upon request of any peace officer of the +department shall be guilty of a misdemeanor and, upon conviction, shall +be subject to a fine as provided in section 1-108 and court costs. +.IP " 5." 4 +The nonresident owner of a motor vehicle not registered in the state may +give proof of financial responsibility by providing proof of compliance +with the financial responsibility laws of the state in which the vehicle +is registered or by filing with the department of public safety a +certificate of an insurance company authorized to transact insurance in +the state in which the vehicle is registered, or if such nonresident +does not own a motor vehicle, then in the state in which the insured +resides, provided such certificate otherwise conforms to the provisions +of this section, and the department of public safety shall accept the +same upon condition that the insurance company complies with the +following provisions with respect to the policy so certified: +.RS 4 +.IP " 1." 4 +The insurance company shall execute a power of attorney authorizing the +department to accept service on its behalf or notice of process in any +action arising out of a motor vehicle accident in the state; and +.IP " 2." 4 +The insurance company shall agree in writing that such policies shall be +deemed to conform with the laws of the state relating to the terms of +motor vehicle liability policies issued in the state. +The provisions of this section shall apply to nonresident owners and +operators of vehicles that are not registered in the state only if the +state in which the vehicle is registered requires compulsory liability +insurance. +In such cases, compliance with the requirements of the law of the state +of registration shall be deemed in compliance with the laws of the +state. +.RE +.IP " 6." 4 +A sentence imposed for any violation of this section may be suspended or +deferred in whole or in part by the court. +.IP " 7." 4 +Any person producing proof in court that a current security verification +form or equivalent form which has been issued by the department +reflecting this liability coverage for such person was in force at the +time of the alleged offense shall be entitled to dismissal of such +charge. +Any person producing proof in court that a current security verification +form or equivalent form which has been issued by the department of +public safety reflecting liability coverage for the person was in force +at the time of the alleged offense shall be entitled to dismissal of the +charge. +If proof of security verification is presented to the court by no later +than the business day preceding the first scheduled court appearance +date, the dismissal shall be without payment of court costs. +The court may access information from the online verification system to +confirm liability coverage. +The court shall not dismiss the fine unless proof that liability +coverage for the person was in force at the time of the alleged offense +is presented to the court. +.IP " 8." 4 +Upon conviction, bond forfeiture or deferral of sentence, the court +clerk shall forward an abstract to the state department of public safety +within five days reflecting the action taken by the court. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 7-601 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter" -A "\c" \ + -- "Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or This Chapter" +\& +.LP +It is unlawful for any person to authorize or knowingly permit a motor +vehicle owned by him, or under his control, to be driven upon any street +in the city by any person who is not authorized to drive a motor vehicle +under the laws of the state, or to be driven or to stand or to be parked +in violation of any provision of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter" -A "\c" \ + -- "Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward To Violate Chapter" +\& +.LP +It is unlawful for a parent of a child or the guardian of a ward to +authorize or knowingly permit any such child or ward to violate any +provision of this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws" -A "\c" \ + -- "Sec 15-105 Adoption Of State Vehicle Laws" +\& +.LP +There is hereby adopted and incorporated herein by reference the state +motor vehicle code, 47 O.S. +§ 1-101 et seq., and the state \[dq]Rules of the Road,\[dq] 47 O.S. +§ 11-101 et seq., and all other misdemeanor traffic and motor vehicle +violations in 47 O.S., as now exist and as may be from time to time +amended. +Such state laws as adopted herein by reference shall be fully +enforceable by the city within the city limits as fully as if set out at +length herein. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES" -A "\c" \ + -- "CHAPTER 15-2 TRAFFIC-CONTROL DEVICES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-201 Authority To Install Traffic-Control Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications" -A "\c" \ + -- "Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual Of Specifications" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement" -A "\c" \ + -- "Sec 15-203 Traffic Signs Required For Enforcement" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-204 Obedience To Official Traffic-Control Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train" -A "\c" \ + -- "Sec 15-205 Obedience To Signal Indicating Approach Of Train" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend" -A "\c" \ + -- "Sec 15-206 Traffic-Control Signal Legend" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals" -A "\c" \ + -- "Sec 15-207 Pedestrian-Control Signals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals" -A "\c" \ + -- "Sec 15-208 Flashing Signals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal" -A "\c" \ + -- "Sec 15-209 Pedestrian-Activated School Crossing Signal" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs" -A "\c" \ + -- "Sec 15-210 Display Of Unauthorized Signs Or Signals, Political Signs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-211 Defacing Or Removing Traffic-Control Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones" -A "\c" \ + -- "Sec 15-212 Designation Of Crosswalks And Safety Zones" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-201 Authority To Install Traffic-Control Devices" +\& +.LP +The city manager, subject to direction of the council, shall have placed +and maintained traffic-control signs, signals and devices when and as +required under the traffic ordinances of the city to make effective the +provisions of such ordinances, and may have placed and maintained such +additional traffic-control signs, signals and devices as it may deem +necessary to regulate traffic under the traffic ordinances of the city +or under state law or to guide or warn traffic. +The city manager may have traffic-control devices tested under actual +conditions of traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications" -A "\c" \ + -- "Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual Of Specifications" +\& +.LP +All traffic-control signs, signals and devices shall conform to the +latest edition of the \[dq]Manual on Uniform Traffic Control Devices for +Streets and Highways,\[dq] as published by the state department of +transportation. +All signs and signals required hereunder for a particular purpose shall +so far as practicable be uniform as to type and location throughout the +city. +All traffic-control devices so erected and not inconsistent with the +provisions of state law or this chapter shall be official +traffic-control devices. +.PP +\f[B]State Law reference\f[R]\[em] Uniform manual adopted by state, +state approval required on state highways, 47 O.S. +§ 15-104 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement" -A "\c" \ + -- "Sec 15-203 Traffic Signs Required For Enforcement" +\& +.LP +No provision of this chapter for which signs are required shall be +enforced against an alleged violator if at the time and place of the +alleged violation an official sign was not in proper position and +sufficiently legible to be seen by an ordinarily observant person. +Whenever a particular section does not state that signs are required, +such section shall be effective even though no signs are erected or in +place. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-201. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-204 Obedience To Official Traffic-Control Devices" +\& +.LP +The driver of any vehicle shall obey the instructions of any official +traffic-control device unless otherwise directed by a police officer, +subject to the exceptions granted in this chapter to the driver of an +authorized emergency vehicle. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-201. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train" -A "\c" \ + -- "Sec 15-205 Obedience To Signal Indicating Approach Of Train" +\& +.IP " 1." 4 +Whenever any person driving a vehicle approaches a railroad grade +crossing under any of the circumstances stated in this section, the +driver of such vehicle shall stop within 50 feet but not less than 15 +feet from the nearest rail of such railroad, and shall not proceed until +he can do so safely. +The foregoing requirements shall apply when: +.RS 4 +.IP " 1." 4 +A clearly visible electric or mechanical signal device gives warning of +the immediate approach of a railroad train; +.IP " 2." 4 +A crossing gate is lowered or when a human flag person gives or +continues to give a signal of the approach or passage of a railroad +train; +.IP " 3." 4 +A railroad train approaching within approximately 1,500 feet of the +highway crossing emits a signal audible from such distance and such +railroad train, by reason of its speed or nearness to such crossing, is +an immediate hazard; +.IP " 4." 4 +An approaching railroad train is plainly visible and is in hazardous +proximity to such crossing; and +.IP " 5." 4 +The tracks at the crossing are not clear +.RE +.IP " 2." 4 +No person shall drive any vehicle through, around or under any crossing +gate or barrier at a railroad crossing while such gate or barrier is +closed or is being opened or closed. +.IP " 3." 4 +The operator of any Class A, B, or C commercial vehicle not required to +stop at all railroad crossings, as prescribed in 47 O.S. +§ 11-702, shall slow down and check that the tracks are clear of an +approaching train. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-701. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend" -A "\c" \ + -- "Sec 15-206 Traffic-Control Signal Legend" +\& +.LP +Whenever traffic is controlled by traffic-control signals exhibiting the +word \[dq]Go,\[dq] \[dq]Caution\[dq] or \[dq]Stop,\[dq] or exhibiting +different colored lights successively one at a time, or with arrows, the +following colors only shall be used, and the terms and lights shall +indicate and apply to drivers of vehicles and pedestrians as follows: +.IP " 1." 4 +\f[I]Green alone\f[R] or \[dq]\f[I]Go\f[R].\[dq] +.RS 4 +.IP " 1." 4 +Vehicular traffic facing the signal may proceed straight through or turn +right or left unless a sign or barricade at such place prohibits either +such turn. +But vehicular traffic, including vehicles turning right or left, shall +yield the right-of-way to other vehicles and to pedestrians lawfully +within the intersection or an adjacent crosswalk at the time such signal +is exhibited; +.IP " 2." 4 +Vehicular traffic facing a green arrow signal, shown alone or in +combination with another indication, may cautiously enter the +intersection only to make the movement indicated by such arrow, or such +other movement as is permitted by other indications shown at the same +time. +Such vehicular traffic shall yield the right-of-way to pedestrians +lawfully within an adjacent crosswalk and to other traffic lawfully +using the intersection; and +.IP " 3." 4 +Unless otherwise directed by a pedestrian-control signal, pedestrians +facing the signal may proceed across the roadway within any marked or +unmarked crosswalk; +.RE +.IP " 2." 4 +\f[I]Steady yellow alone\f[R]. +.RS 4 +.IP " 1." 4 +Vehicular traffic facing a steady circular yellow or yellow arrow signal +is thereby warned that the red or \[dq]Stop\[dq] signal will be +exhibited immediately thereafter, and such vehicular traffic shall not +enter or be crossing the intersection when the red or \[dq]Stop\[dq] +signal is exhibited; and +.IP " 2." 4 +Pedestrians facing such signal, unless otherwise directed by a +pedestrian control signal, are thereby advised that there is +insufficient time to cross the roadway, and any pedestrian then starting +to cross shall yield the right-of-way to all vehicles; +.RE +.IP " 3." 4 +\f[I]Steady red alone\f[R] or \[dq]\f[I]Stop\f[R].\[dq] +.RS 4 +.IP " 1." 4 +Vehicular traffic facing the signal shall stop at a clearly marked stop +line, but if none, before entering the crosswalk on the near side of the +intersection, or, if none, then before entering the intersection, and +shall remain standing until indication to proceed is shown. +However, vehicles in the right traffic lane after making a stop as above +required may enter the intersection cautiously and make a right turn +unless \[dq]No Turn on Red\[dq] signs are posted to prohibit right +turns; but such vehicle shall yield the right-of-way to any pedestrian +or other traffic in the intersection, and such turn shall not be made so +as to interfere with traffic proceeding on a green signal indication on +the cross street; +.IP " 2." 4 +No pedestrian facing such signal shall enter the roadway until the green +or \[dq]Go\[dq] is shown alone or until authorized so to do by a +pedestrian \[dq]Walk\[dq] signal; and +.RE +.IP " 4." 4 +\f[I]Steady red with green arrow\f[R]. +.RS 4 +.IP " 1." 4 +Vehicular traffic facing such signal may cautiously enter the +intersection only to make the movement indicated by such arrow, but +shall yield the right-of-way to pedestrians lawfully within a crosswalk +and to other traffic lawfully using the intersection; +.IP " 2." 4 +No pedestrian facing such signal shall enter the roadway until the green +or \[dq]Go\[dq] is shown alone or until authorized so to do by +pedestrian \[dq]Walk\[dq] signal; and +.IP " 3." 4 +In the event an official traffic-control signal is erected and +maintained at a place other than an intersection, the provisions of this +section shall be applicable except as to those provisions which by their +nature can have no application. +Any stop required shall be made at a sign or marking on the pavement +indicating where the stop shall be made. +In the absence of any such sign or marking, the stop shall be made at +the signal. +.RE +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-202. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals" -A "\c" \ + -- "Sec 15-207 Pedestrian-Control Signals" +\& +.LP +Whenever special pedestrian-control signals exhibiting the term +\[dq]Walk\[dq] or \[dq]Wait\[dq] or \[dq]Don\[aq]t Walk\[dq] are in +place, such signals shall indicate as follows: +.IP " 1." 4 +\[dq]\f[I]Walk\f[R].\[dq] Pedestrians facing such signal may proceed +across the roadway in the direction of the signal and shall be given the +right-of-way by the drivers of all vehicles; and +.IP " 2." 4 +\[dq]\f[I]Wait\f[R],\[dq] \[dq]\f[I]Don\[aq]t Walk\f[R].\[dq] No +pedestrian shall start to cross the roadway in the direction of such +signal, but any pedestrian who has partially completed his crossing on +the Walk signal shall proceed to a sidewalk or safety island while the +\[dq]Wait\[dq] signal is showing. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-203. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals" -A "\c" \ + -- "Sec 15-208 Flashing Signals" +\& +.IP " 1." 4 +Whenever an illuminated flashing red or yellow signal is used in a +traffic sign or signal, it shall require obedience by vehicular traffic +as follows: +.RS 4 +.IP " 1." 4 +\f[I]Flashing red (stop signal)\f[R]. +When a red lens is illuminated with rapid intermittent flashes, drivers +of vehicles shall stop before entering the nearest crosswalk at an +intersection or at a limit line when marked, or, if none, than before +entering the intersection. +The right to proceed shall be subject to the rules applicable after +making a stop at a stop sign; and +.IP " 2." 4 +\f[I]Flashing yellow (caution signal)\f[R]. +When a yellow lens is illuminated with rapid intermittent flashes, +drivers of vehicles may proceed through the intersection or past such +signal only with caution. +.RE +.IP " 2." 4 +This section shall not apply at railroad grade crossings. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-204. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal" -A "\c" \ + -- "Sec 15-209 Pedestrian-Activated School Crossing Signal" +\& +.LP +Whenever a pedestrian-activated school crossing signal is provided, it +requires obedience by vehicular traffic and pedestrians as follows: +.IP " 1." 4 +\f[I]Flashing yellow\f[R]. +.RS 4 +.IP " 1." 4 +When a yellow lens is illuminated with rapid intermittent flashes, +drivers or operators of vehicles may proceed through the intersection or +past such signal only with caution; and +.IP " 2." 4 +Pedestrians shall not proceed in conflict with traffic, but may actuate +the signal-control switch, and shall wait until steady red alone is +shown before entering the roadway or intersection controlled by the +signal; +.RE +.IP " 2." 4 +\f[I]Steady yellow alone\f[R]. +.RS 4 +.IP " 1." 4 +Vehicular traffic facing the signal is thereby warned that the red or +\[dq]Stop\[dq] signal will be exhibited immediately thereafter, and such +vehicular traffic shall not enter or be crossing the intersection or +past the signal when the red or \[dq]Stop\[dq] signal is exhibited; and +.IP " 2." 4 +No pedestrian shall enter the roadway or intersection on which the +signal controls vehicular traffic until steady red alone is shown; +.RE +.IP " 3." 4 +\f[I]Steady red\f[R]. +.RS 4 +.IP " 1." 4 +Vehicular traffic facing the signal shall stop before entering the +crosswalk on the near side of the intersection, or, if none, then before +passing the signal or entering the intersection, and shall remain +standing until flashing yellow is shown alone; and +.IP " 2." 4 +Pedestrians may proceed across the road controlled by the signal, and +shall be given the right-of-way by the drivers of all vehicles; and +.RE +.IP " 4." 4 +\f[I]Steady red and steady yellow combined\f[R]. +.RS 4 +.IP " 1." 4 +Vehicular traffic facing the signal is thereby warned that the flashing +yellow signal will be exhibited immediately thereafter, and that such +vehicular traffic shall remain standing until the flashing yellow is +shown alone; and +.IP " 2." 4 +Pedestrians are thereby warned that the flashing yellow signal is about +to be shown, and shall not enter the signal-controlled roadway or +intersection, or in a direction which conflicts with the movement of +vehicular traffic; but any pedestrian who has partially completed his +crossing shall proceed to the nearest sidewalk or safety island and +shall be given the right-of-way by the drivers of all vehicles. +.RE +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-205. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs" -A "\c" \ + -- "Sec 15-210 Display Of Unauthorized Signs Or Signals, Political Signs" +\& +.IP " 1." 4 +No person shall place, maintain or display upon or in view of any +highway an unauthorized sign, signal, marking or device which purports +to be or is an imitation of or resembles an official traffic-control +device or railroad sign or signal, which attempts to direct the movement +of traffic which projects any flashing or revolving beams of light, or +which hides from view or interferes with the effectiveness of any +official traffic-control device or any railroad sign or signal. +.IP " 2." 4 +No person shall place or maintain nor shall any public authority permit +upon any highway any traffic sign, signal or device bearing thereon any +commercial advertising. +.IP " 3." 4 +This section shall not prohibit the erection upon private property +adjacent to highways of signs giving useful directional information and +of a type that cannot be mistaken for official signs. +.IP " 4." 4 +The city is empowered to remove every such prohibited sign, signal, +marking or device without notice. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-206. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-211 Defacing Or Removing Traffic-Control Devices" +\& +.LP +No person shall, without lawful authority, attempt to or in fact alter, +deface, injure, knock down, change the position of or remove any +official traffic-control device or any railroad sign or signal or any +inscription, shield or insignia thereon, or any other part thereof. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones" -A "\c" \ + -- "Sec 15-212 Designation Of Crosswalks And Safety Zones" +\& +.LP +The city manager, subject to direction by the council, is authorized to: +.IP " 1." 4 +Designate and have maintained by appropriate devices, marks or lines +upon the surface of the roadway crosswalks at intersections where in his +opinion there is particular danger to pedestrians crossing the roadway, +and at such other places as he may deem necessary; and +.IP " 2." 4 +Establish safety zones or islands of such kind and character and at such +places as he may deem necessary for the protection of pedestrians. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT" -A "\c" \ + -- "CHAPTER 15-3 EQUIPMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment" -A "\c" \ + -- "Sec 15-301 Equipment Required; Use Of Equipment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts" -A "\c" \ + -- "Sec 15-302 Muffler Required, Cutouts" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load" -A "\c" \ + -- "Sec 15-303 Width, Height, Length, Weight And Load" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required" -A "\c" \ + -- "Sec 15-304 Windshields To Be Unobstructed; Wipers Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles" -A "\c" \ + -- "Sec 15-305 Inspection Of Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags" -A "\c" \ + -- "Sec 15-306 Vehicles To Be Registered, Display Of Tags" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment" -A "\c" \ + -- "Sec 15-301 Equipment Required; Use Of Equipment" +\& +.IP " 1." 4 +Every vehicle operated upon the streets of the city shall be equipped as +required by 47 O.S. +No person shall operate a vehicle upon a street of the city which is not +equipped as required by state law. +.IP " 2." 4 +No person shall fail to use such equipment in the manner required by +state law, or use it in a manner prohibited by state law. +.LP +\f[B]State Law reference\f[R]\[em] Equipment required on vehicles, 47 +O.S. +§ 12-101 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts" -A "\c" \ + -- "Sec 15-302 Muffler Required, Cutouts" +\& +.IP " 1." 4 +Every vehicle shall be equipped, maintained, and operated so as to +prevent excessive or unusual noise. +Every motor vehicle shall at all times be equipped with a muffler or +other effective noise-suppressing system in good working order and in +constant operation, and no person shall use a muffler cut-out, bypass or +similar device. +No person shall modify the exhaust system of a motor vehicle in any +manner which will amplify or increase the noise or sound emitted louder +than that emitted by the muffler originally installed on the vehicle. +.IP " 2." 4 +The engine and power mechanism of every motor vehicle shall be so +equipped and adjusted as to prevent the escape of excessive fumes or +smoke, or both. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 12-402. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load" -A "\c" \ + -- "Sec 15-303 Width, Height, Length, Weight And Load" +\& +.LP +No person shall drive or convey through any street any vehicle the +width, height, length, weight or load of which exceeds that authorized +by state law, except in accordance with a permit issued by state +authority or by the chief of police. +.PP +\f[B]State Law reference\f[R]\[em] Vehicle size, weight and load, 11 +O.S. +§ 14-101 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required" -A "\c" \ + -- "Sec 15-304 Windshields To Be Unobstructed; Wipers Required" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Critical area\f[R] means the area cleaned by the normal sweep of +the windshield wiper blade on the driver\[aq]s side. +The area covered by the wiper blade cannot be reduced from +manufacturer\[aq]s original specifications. +.br +\f[I]Noncritical areas\f[R] means all other areas. +.br +\f[I]Outright breakage\f[R] means glass which is severely cracked or +shattered to the extent that air passes through it or, if by running a +fingertip over the cracked area, the glass moves or sharp edges can be +felt. +.br +\f[I]Star break\f[R] or \f[I]shot damage\f[R] means a vented break with +cracks radiating from the point of impact. +.br +\f[I]Stress\f[R] or \f[I]hairline crack\f[R] means a crack which has no +visible point of impact. +.IP " 2." 4 +No person shall operate any motor vehicle which: +.RS 4 +.IP " 1." 4 +Is not equipped with a windshield; +.IP " 2." 4 +Has any outright breakage in the windshield or in the window on either +side of the driver; +.IP " 3." 4 +Has any star break or shot damage, three inches or more in diameter, +located in the critical area; or +.IP " 4." 4 +Has two or more stress or hairline cracks, 12 inches or more in combined +length, located in the critical area. +.RE +.IP " 3." 4 +No person shall drive any motor vehicle with any sign, poster, other +nontransparent material, or debris, including, but not limited to, snow, +ice, or frost, upon the front windshield or the side wings, or side or +rear windows or suspend any sign, poster, object, or other material from +the interior of the vehicle which materially obstructs, obscures, or +impairs the driver\[aq]s clear view of the highway ahead or to either +side or of any intersecting highway. +.IP " 4." 4 +The windshield on every motor vehicle shall be equipped with an electric +windshield wiper mechanism for cleaning rain, snow, or other moisture +from the windshield. +.IP " 5." 4 +Every windshield wiper blade and windshield wiper mechanism upon a motor +vehicle shall be maintained in good working order. +When replacing the wiper blade, the length of the blade shall not be +reduced from the manufacturer\[aq]s specification. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 12-404. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles" -A "\c" \ + -- "Sec 15-305 Inspection Of Vehicles" +\& +.LP +Police officers may at any time upon reasonable cause to believe that a +vehicle is unsafe or not equipped as required by law, or that its +equipment is not in proper adjustment or repair or the operator is not +properly licensed, require the driver of such vehicle to stop and submit +such vehicle to an inspection and such test with reference thereto as +may be appropriate. +.PP +\f[B]State Law reference\f[R]\[em] State officers may inspect vehicles, +47 O.S. +§§ 13-102, 13-103. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags" -A "\c" \ + -- "Sec 15-306 Vehicles To Be Registered, Display Of Tags" +\& +.IP " 1." 4 +No person shall operate a vehicle of any kind upon a street of the city +without a state vehicle license or tag as may be required by law. +.RS 4 +.IP " 1." 4 +\ No citation may be issued by a law enforcement officer during the +thirty (30) day period immediately succeeding the last day of the month +during which a vehicle registration should have been renewed and a +current license plate decal obtained and displayed on the license plate +of the vehicle. +.br +.RE +.IP " 2." 4 +No person shall fail to display the state vehicle license or tag as +required by law or attach any trailer hitch or other device in a manner +as to cover or partially cover the vehicle license. +.IP " 3." 4 +At all times while a vehicle is being used or operated on the roads of +this municipality, the operator of the vehicle shall have in his or her +possession or carry in the vehicle and exhibit upon demand to any peace +officer either a: +.RS 4 +.IP " 1." 4 +Registration certificate or an official copy thereof; +.IP " 2." 4 +True copy of rental or lease documentation issued for a motor vehicle; +.IP " 3." 4 +Registration certificate or an official copy thereof issued for a +replacement vehicle in the same registration period; +.IP " 4." 4 +Temporary receipt printed upon self-initiated electronic renewal of a +registration via the internet; or +.IP " 5." 4 +Cab card issued for a vehicle registered under the International +Registration Plan. +.RE +.IP " 4." 4 +The provisions of subsection (C) of this section shall not apply to the +first 30 days after purchase of a replacement vehicle. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287942_Ordinance%20913(19).pdf" -A "\c" \ + -- "913(19)" +\& on 6/3/2019 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1010.22.pdf" -A "\c" \ + -- "1010.22" +\& on 7/18/2022 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED" -A "\c" \ + -- "CHAPTER 15-4 CERTAIN VEHICLES PROHIBITED" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited" -A "\c" \ + -- "Sec 15-401 Vehicles Injurious To Streets; Metal Tires Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads" -A "\c" \ + -- "Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of Loads" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels" -A "\c" \ + -- "Sec 15-403 Permit For Vehicles With Protruding Parts On Wheels" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident" -A "\c" \ + -- "Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In Streets; Responsibility To Remove After Accident" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited" -A "\c" \ + -- "Sec 15-401 Vehicles Injurious To Streets; Metal Tires Prohibited" +\& +.IP " 1." 4 +Every solid rubber tire on a vehicle shall have rubber on its entire +traction surface at least one inch thick above the edge of the flange of +the entire periphery. +.IP " 2." 4 +A person shall not operate or move on any hard-surfaced highway any +vehicle having any metal tire in contact with the roadway, except when +authorized by special permit. +.IP " 3." 4 +.IP " 1." 4 +Any tire on a vehicle moved on a highway shall not have on its periphery +any block, stud, flange, cleat or spike or any other protuberance of any +material other than rubber which projects beyond the tread of the +traction surface of the tire, except that it shall be permissible: +.RS 4 +.IP " 1." 4 +To use farm tractors or implements of husbandry with tires having +protuberances which will not injure the highway; +.IP " 2." 4 +To use tire chains of reasonable proportions upon any vehicle when +required for safety because of snow, ice, or other conditions tending to +cause a vehicle to skid; or +.IP " 3." 4 +For pneumatic tires equipped with or having on their periphery studs of +metal, porcelain or other material to be sold or used in the state, if +constructed to provide resiliency upon contact with the road surface, so +that not more than three percent in the aggregate of the traction +surface of such tire is composed of such studs and so that such studs do +not project more than three thirty-seconds of an inch beyond the tread +of the traction surface of such tire and have a rate of wear which will +so limit such projection. +.RE +.IP " 2." 4 +The exceptions permitted in subsection (C)(1) of this section shall be +subject to the following restrictions: +.RS 4 +.IP " 1." 4 +The use of such tires or tire chains shall be limited to vehicles with +rated capacities up to and including two tons; +.IP " 2." 4 +Any tire so equipped shall not be used on a public highway earlier than +November 1 of each year or later than April 1 of the following year; and +.IP " 3." 4 +Copies of this subsection (C) shall be posted in all places at which +tires or tire chains are sold, and a printed or written warning on the +time limitation for the use of such tires or tire chains shall be +furnished to each buyer, purchaser, or user by the seller of such +studded tires or tire chains. +.RE +.IP " 4." 4 +Operator selectable \[dq]on demand\[dq] studded tires having +traction-enhancing studs located outside the normal tread area which +allows their operation as conventional tires on dry roads or as studded +tires on ice-coated roads by the expedient of reducing or increasing the +air pressure within the tires, shall be exempt from the prohibitions of +subsection (C) of this section with the following exceptions: +.RS 4 +.IP " 1." 4 +The use of such tires shall be limited to vehicles with rated capacities +up to and including two tons; +.IP " 2." 4 +Any such tire shall not be deflated so that the studs lower and make +contact with the road surface earlier than November 1 of each year or +later than April 1 of the following year. +.RE +.IP " 5." 4 +A person shall not operate any vehicle when one or more of the tires in +use on that vehicle is in unsafe operating condition or has a tread +depth less than two-thirty-seconds inch measured in any two adjacent +tread grooves at three equally spaced intervals around the circumference +of the tire, provided such measurements shall not be made at the +location of any tread wear indicator, tie bar, hump, or fillet. +As used in this subsection, an unsafe tire includes, but is not limited +to, any tire: +.RS 4 +.IP " 1." 4 +On which the ply or cord is exposed in the tread area; +.IP " 2." 4 +Which has been regrooved or recut below the original groove depth, +except tires that have been designed with under-rubber sufficient for +regrooving and are so marked; +.IP " 3." 4 +Marked \[dq]Farm Implement Only,\[dq] \[dq]Not for Highway Use,\[dq] or +any other marking that would indicate that the tire is not for normal +highway use, provided no such marking shall be altered or removed; +.IP " 4." 4 +On which any bulges, bumps, or knots show in the tread or sidewall area; +or +.IP " 5." 4 +On the front steering axle of a truck-tractor which has tread depth +measuring less than four-thirty-seconds inch. +.RE +.IP " 6." 4 +Every wheel on a vehicle shall not be cracked and shall be securely +fastened to the hub of the vehicle with all lug nuts properly affixed. +.IP " 7." 4 +No vehicle or combination of vehicles, weighing eight tons or more, +loaded or unloaded, shall be driven or moved on Eastern Avenue, between +SW 34th Street and Indian Hills Road, within the corporate limits of the +city. +This subsection shall not apply to vehicles owned and operated by public +utility corporations or the city while such vehicles are being used in +the performance of their official duties. +.LP +(Ord. +No. +152(96), 4-15-1996; Ord. +No. +202(97), 8-18-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads" -A "\c" \ + -- "Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of Loads" +\& +.IP " 1." 4 +No person shall drive any vehicle in such condition, so constructed, or +so loaded as to cause delay or be likely to cause delay in traffic, or +as to constitute a hazard to persons or property, except by permit +issued by the city and in accordance with the terms of such permit. +.IP " 2." 4 +No vehicle shall he driven or moved on any street unless such vehicle is +so constructed or loaded as to prevent any of its load from dropping, +sifting, leaking, blowing or otherwise escaping therefrom, except that +sand may be dropped for the purpose of securing traction or water or +other substances may be sprinkled on a roadway in cleaning or +maintaining such roadway. +.IP " 3." 4 +No person shall operate on any street any vehicle with any load unless +the load and any covering thereon is securely fastened so as to prevent +the covering or load from becoming loose, detached or in any manner a +hazard to other users of the highway. +Any vehicle loaded with sand, cinders or other loose materials +susceptible to blowing or escaping by reason of wind shall have such +load covered or dampened so as to prevent the blowing or escaping of the +load from the vehicle. +.IP " 4." 4 +This section shall not apply to trucks loaded with livestock, poultry or +agricultural products only, except baled agricultural products; however, +any such trucks shall be so constructed or loaded as to prevent such +livestock or poultry from escaping therefrom. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 14-105. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels" -A "\c" \ + -- "Sec 15-403 Permit For Vehicles With Protruding Parts On Wheels" +\& +.LP +It is unlawful for any person to drive, pull or move, otherwise than by +hauling, upon the paved streets of the city, any tractor or other +vehicle with lugs, flanges or other protruding parts upon the surface of +the wheels of the same, without first obtaining a written permit from +the city engineer. +Such permit shall not be granted unless all lugs, flanges or other +protruding parts upon the surface of the wheels are first removed, or +unless a base or board way is laid upon the paved street for the wheels +of such vehicle to run upon so as to keep the wheels from coming in +contact with the pavement and so as to entirely protect the pavement +from the wheels. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident" -A "\c" \ + -- "Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In Streets; Responsibility To Remove After Accident" +\& +.IP " 1." 4 +It shall be unlawful for any person to place, or cause to be placed, or +let fall and remain, in or upon any street, any scrap iron, nail, tack, +glass or other thing which is likely to injure persons or damage +property, or to render a street unsafe for traffic. +.IP " 2." 4 +Any person removing a wrecked or damaged vehicle from a street shall +remove any glass or other injurious substance dropped upon the street +from such vehicle. +The owner of the vehicle, or insurer of the owner of the vehicle if the +owner\[aq]s insurance policy provides coverage for such expense, shall +be responsible for the cost of removal of the vehicle and the glass or +other injurious substance and any vehicle storage fees. +The cost of the removal of the vehicle and any storage fees shall be the +same as established by the corporation commission for nonconsensual +tows. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1110. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING" -A "\c" \ + -- "CHAPTER 15-5 DRIVING, OVERTAKING AND PASSING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception" -A "\c" \ + -- "Sec 15-501 Driving On Right Side Of Roadway, Exception" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction" -A "\c" \ + -- "Sec 15-502 Passing Vehicles Proceeding In Opposite Direction" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left" -A "\c" \ + -- "Sec 15-503 Passing Vehicle On Left" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right" -A "\c" \ + -- "Sec 15-504 Passing Vehicle On Right" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle" -A "\c" \ + -- "Sec 15-505 Passing Requirements, Duty Of Overtaken Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited" -A "\c" \ + -- "Sec 15-506 Passing Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones" -A "\c" \ + -- "Sec 15-507 Designation Of No-Passing Zones" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations" -A "\c" \ + -- "Sec 15-508 School Buses; Markings; Passing Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes" -A "\c" \ + -- "Sec 15-509 Driving On Laned Roadways, Marking Traffic Lanes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways" -A "\c" \ + -- "Sec 15-510 Driving On Divided Highways" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely" -A "\c" \ + -- "Sec 15-511 Following Too Closely" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways" -A "\c" \ + -- "Sec 15-512 Restricted-Access Roadways" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives" -A "\c" \ + -- "Sec 15-513 Driving Through Service Drives" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving" -A "\c" \ + -- "Sec 15-514 Reckless Driving" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving" -A "\c" \ + -- "Sec 15-515 Careless Or Negligent Driving" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving" -A "\c" \ + -- "Sec 15-516 Inattention To Driving; Texting While Driving" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose" -A "\c" \ + -- "Sec 15-517 Driving Over Fire Hose" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus" -A "\c" \ + -- "Sec 15-518 Following Fire Or Emergency Apparatus" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-519 Procedure On Approach Of Emergency Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age" -A "\c" \ + -- "Sec 15-520 Driving Under The Influence While Under Age" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required" -A "\c" \ + -- "Sec 15-521 Driver\[aq]s License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License" -A "\c" \ + -- "Sec 15-522 Driving While License Suspended, Use Of False License" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive" -A "\c" \ + -- "Sec 15-523 Permitting Unlicensed Person To Drive" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions" -A "\c" \ + -- "Sec 15-524 Driving Through Funeral Processions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession" -A "\c" \ + -- "Sec 15-525 Driving In Funeral Procession" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions" -A "\c" \ + -- "Sec 15-526 Identification Of Funeral Processions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway" -A "\c" \ + -- "Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On Roadway" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized" -A "\c" \ + -- "Sec 15-528 Play Streets Authorized" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles" -A "\c" \ + -- "Sec 15-529 Use Of Play Streets By Motor Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ + -- "Sec 15-530 Obstructing Intersection Or Crosswalk" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited" -A "\c" \ + -- "Sec 15-531 Driving On Sidewalk Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted" -A "\c" \ + -- "Sec 15-532 Driving In Public Parks And Other Properties Restricted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission" -A "\c" \ + -- "Sec 15-533 Driving On Property Without Permission" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles" -A "\c" \ + -- "Sec 15-534 Starting Stopped Or Parked Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle" -A "\c" \ + -- "Sec 15-535 Backing Of Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door" -A "\c" \ + -- "Sec 15-536 Opening And Closing Vehicle Door" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus" -A "\c" \ + -- "Sec 15-537 Obstructions To Driver\[aq]s View, Number In Front Seat; Overloading School Bus" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle" -A "\c" \ + -- "Sec 15-538 Clinging To Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle" -A "\c" \ + -- "Sec 15-539 Boarding Or Alighting From Moving Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment" -A "\c" \ + -- "Sec 15-540 Riding Outside Vehicle Compartment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone" -A "\c" \ + -- "Sec 15-541 Driving Through Safety Zone" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty" -A "\c" \ + -- "Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; Exceptions; Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions" -A "\c" \ + -- "Sec 15-543 Seat Belts Required For Front Seat Passengers; Exceptions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings" -A "\c" \ + -- "Sec 15-544 Certain Vehicles To Stop At All Railroad Crossings" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights" -A "\c" \ + -- "Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing Lights" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones" -A "\c" \ + -- "Sec 15-546 Procedures For Motor Vehicles Required To Merge In Maintenance And Construction Zones" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception" -A "\c" \ + -- "Sec 15-501 Driving On Right Side Of Roadway, Exception" +\& +.IP " 1." 4 +Upon all roadways of sufficient width a vehicle shall be driven upon the +right half of the roadway, except as follows: +.RS 4 +.IP " 1." 4 +When overtaking and passing another vehicle proceeding in the same +direction under the laws governing such movement; +.IP " 2." 4 +When an obstruction exists making it necessary to drive to the left of +the center of the highway, provided any person so doing shall yield the +right-of-way to all vehicles traveling in the proper direction upon the +unobstructed portion of the highway within such distance as to +constitute an immediate hazard; +.IP " 3." 4 +Upon a roadway divided into three marked lanes for traffic under the +laws applicable thereon; +.IP " 4." 4 +Upon a roadway restricted to one-way traffic; or +.IP " 5." 4 +Upon a roadway having four or more lanes for moving traffic and +providing for two-way movement of traffic. +.RE +.IP " 2." 4 +Upon all roadways, any vehicle proceeding at less than the normal speed +of traffic at the time and place and under the conditions then existing +shall be driven in the right-hand lane when available for traffic, or as +close as practicable to the right-hand curb or edge of the roadway and +may be temporarily driven upon the right-hand shoulder for the purpose +of permitting other vehicles to pass. +This subsection shall not apply when overtaking and passing another +vehicle proceeding in the same direction or when preparing for a left +turn at an intersection or into a private road or driveway. +.IP " 3." 4 +Upon any roadway having four or more lanes for moving traffic and +providing for two-way movement of traffic, no vehicle shall be driven to +the left of the centerline of the roadway, except when authorized by +official traffic-control devices designating certain lanes to the left +side of the center of the roadway for use by traffic not otherwise +permitted to use such lanes, or except as permitted under subsection +(A)(2) of this section. +However, this subsection shall not be construed as prohibiting the +crossing of the centerline in making a left turn into or from an alley, +private road or driveway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-301. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction" -A "\c" \ + -- "Sec 15-502 Passing Vehicles Proceeding In Opposite Direction" +\& +.LP +Drivers of vehicles proceeding in opposite directions shall pass each +other to the right. +Upon roadways having width for not more than one line of traffic in each +direction, each driver shall give to the other at least one-half of the +traveled portion of the roadway as nearly as possible. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-302. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left" -A "\c" \ + -- "Sec 15-503 Passing Vehicle On Left" +\& +.LP +The following requirements shall govern the overtaking and passing of +vehicles proceeding in the same direction, subject to those limitations, +exceptions and special requirements hereinafter stated: +.IP " 1." 4 +The driver of a vehicle overtaking another vehicle proceeding in the +same direction shall pass to the left thereof at a safe distance and +shall not again drive to the right side of the roadway until safely +clear of the overtaken vehicle; +.IP " 2." 4 +Except when overtaking and passing on the right is permitted, the driver +of an overtaken vehicle shall give way to the right in favor of the +overtaking vehicle on audible signal and shall not increase the speed of +his vehicle until completely passed by the overtaking vehicle; and +.IP " 3." 4 +Every driver who intends to pass another vehicle proceeding in the same +direction, which requires moving his vehicle from one lane of traffic to +another, shall first see that such movement can be made with safety and +shall proceed to pass only after giving a proper signal by hand or +mechanical device. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-303. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right" -A "\c" \ + -- "Sec 15-504 Passing Vehicle On Right" +\& +.IP " 1." 4 +The driver of a vehicle may overtake and pass upon the right of another +vehicle only under the following conditions: +.RS 4 +.IP " 1." 4 +When the vehicle overtaken is making or about to make a left turn; +.IP " 2." 4 +Upon a street or highway with unobstructed pavement not occupied by +parked vehicles and marked with lines for two or more lanes of traffic +in each direction; and +.IP " 3." 4 +Upon a one-way street or upon any roadway on which traffic is restricted +to one direction of movement, where the roadway is free from +obstructions and of sufficient width for two more lines of moving +vehicles. +.RE +.IP " 2." 4 +The driver of a vehicle may overtake and pass another vehicle upon the +right only under conditions permitting such movement in safety. +In no event shall such movement be made by driving off the pavement or +main-traveled portion of the roadway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-304. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle" -A "\c" \ + -- "Sec 15-505 Passing Requirements, Duty Of Overtaken Vehicle" +\& +.IP " 1." 4 +No vehicle shall be driven to the left side of the center of the roadway +in overtaking and passing another vehicle proceeding in the same +direction unless such left side is clearly visible and is free of +oncoming traffic for a sufficient distance ahead to permit such +overtaking and passing to be completely made without interfering with +the safe operation of any vehicle approaching from the opposite +direction or any vehicle overtaken. +The overtaking vehicle must return to the roadway before coming within +100 feet of any vehicle approaching from the opposite direction. +.IP " 2." 4 +Except as provided elsewhere in this chapter, the driver of a vehicle +overtaking another vehicle proceeding in the same direction shall pass +to the left thereof at a safe distance, and shall not again drive to the +right side of the roadway until safely clear of the overtaken vehicle. +.IP " 3." 4 +Every driver who intends to pass another vehicle proceeding in the same +direction, which requires movement of his vehicle from one lane of +traffic to another, shall first see that such movement can be made with +safety and shall proceed to pass only after giving a proper signal by +hand or mechanical device. +.IP " 4." 4 +Except when overtaking and passing on the right is permitted, the driver +of an overtaken vehicle shall give way to the right in favor of the +overtaking vehicle on audible signal, and shall not increase the speed +of his vehicle until completely passed by the overtaking vehicle. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-305. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited" -A "\c" \ + -- "Sec 15-506 Passing Prohibited" +\& +.IP " 1." 4 +No vehicle shall at any time be driven to the left side of the roadway +under the following conditions: +.RS 4 +.IP " 1." 4 +When approaching the crest of a grade or upon a curve in the highway +where the driver\[aq]s view is obstructed within such distance as to +create a hazard in the event another vehicle might approach from the +opposite direction; +.IP " 2." 4 +When traversing an intersection or railroad grade crossing; or +.IP " 3." 4 +When the view is obstructed upon approaching within 100 feet of any +bridge, viaduct or tunnel. +.RE +.IP " 2." 4 +It is a violation to pass on the left by going to the left of the center +of the roadway across a double-marked centerline for the purpose of +passing a vehicle traveling in the same direction. +.IP " 3." 4 +This section shall not apply upon a one-way roadway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-306. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones" -A "\c" \ + -- "Sec 15-507 Designation Of No-Passing Zones" +\& +.IP " 1." 4 +The state department of transportation as regards state and federal +highways, and the city manager, subject to direction of the council, as +regards all other streets, are authorized to determine those portions of +a highway where overtaking and passing or driving to the left of the +roadway would be especially hazardous and shall, by appropriate signs or +markings on the roadway, have the beginning and end of such zones +indicated. +When such signs or markings are in place and clearly visible to an +ordinarily observant person, every driver of a vehicle shall obey the +directions thereof. +.IP " 2." 4 +Where signs or markings are in place to define a no-passing zone, no +driver shall at any time drive to the left side of the roadway within +such no-passing zone or on the left side of any pavement stripping +designed to mark such no-passing zone through its length. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-307. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations" -A "\c" \ + -- "Sec 15-508 School Buses; Markings; Passing Regulations" +\& +.IP " 1." 4 +The driver of a vehicle upon any street or highway in the city upon +meeting or overtaking from either direction any school bus on which the +red loading signals are in operation and which has stopped for the +purpose of receiving or discharging any school children and other +occupants shall stop the vehicle before it reaches the school bus. +The driver may then proceed to pass such school bus at a speed which is +reasonable and prudent and with due caution for the safety of such +school children and other occupants after the loading signals are +deactivated. +.IP " 2." 4 +Every school bus used for the transportation of school children shall +bear upon the front and rear thereof plainly visible signs containing +the words \[dq]School Bus\[dq] in letters not less than eight inches in +height and, in addition, shall be equipped with visual signs meeting the +requirements of state law which shall be actuated by the driver of the +school bus whenever, but only whenever, such vehicle is stopped on a +street or highway for the purpose of receiving or discharging school +children. +.IP " 3." 4 +The driver of a vehicle upon a street or highway with separate roadways +need not stop upon meeting or passing a school bus which is on a +different roadway or when upon a controlled-access highway and the +school bus is stopped in a loading zone which is part of or adjacent to +such street or highway and where pedestrians are not permitted to cross +the roadway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-705. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes" -A "\c" \ + -- "Sec 15-509 Driving On Laned Roadways, Marking Traffic Lanes" +\& +.IP " 1." 4 +The city manager, subject to direction of the council, is authorized to +have traffic lanes marked upon the roadway or any street where a regular +alignment of traffic is necessary. +.IP " 2." 4 +Whenever any roadway has been divided into two or more clearly marked +lanes for traffic, the following rules, in addition to all others +consistent herewith, shall apply: +.RS 4 +.IP " 1." 4 +A vehicle shall he driven as nearly as practicable entirely within a +single lane and shall not be moved from such lane until the driver has +first ascertained that such movement can be made with safety and has +properly signaled his intentions to do so; +.IP " 2." 4 +Upon a roadway which is divided into three lanes, a vehicle shall not be +driven in the center lane except when overtaking and passing another +vehicle where the roadway is clearly visible and such center lane is +clear of traffic within a safe distance, or in preparation for a left +turn, or where such center lane is at the time allocated exclusively to +traffic moving in the direction the vehicle is proceeding and is sign +posted to give notice of such allocation; and +.IP " 3." 4 +Official signs may be erected directing slow-moving traffic to use a +designated lane or designating those lanes to be used by traffic moving +in a particular direction regardless of the center of the roadway, and +drivers of vehicles shall obey the directions of every such sign. +.RE +.IP " 3." 4 +Where traffic lanes have been marked, no operator of any vehicle shall +fail or refuse to keep the vehicle within the boundaries of any such +lane except when lawfully passing another vehicle or preparatory to +making lawful turning movement or otherwise authorized by ordinance. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-309. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways" -A "\c" \ + -- "Sec 15-510 Driving On Divided Highways" +\& +.LP +Whenever any highway has been divided into two or more roadways by +leaving an intervening space or by a physical barrier or clearly +indicated dividing section so constructed as to impede vehicular +traffic, every vehicle shall be driven only upon the right-hand roadway +unless directed or permitted to use another roadway by official +traffic-control devices or peace officers. +No vehicle shall be driven over, across or within any such dividing +space, barrier or section, except through a permanent opening in the +dividing space, barrier or section or at a permanent cross-over or +intersection as established unless specifically prohibited by public +authority. +No vehicle shall be driven over, across or within any temporary opening +in a dividing space, barrier or section or at a temporary cross-over or +intersection unless specifically authorized by a public authority or at +the direction of a peace officer. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-311. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely" -A "\c" \ + -- "Sec 15-511 Following Too Closely" +\& +.LP +The driver of a motor vehicle shall not follow another vehicle more +closely than is reasonable and prudent, having due regard to the speed +of such vehicles and the traffic upon and the condition of the highway. +Such driver following too closely shall be deemed negligent. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-310. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways" -A "\c" \ + -- "Sec 15-512 Restricted-Access Roadways" +\& +.LP +No person shall drive a vehicle onto or from any controlled-access +roadway except at such entrances and exits as are established by public +authority. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-312. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives" -A "\c" \ + -- "Sec 15-513 Driving Through Service Drives" +\& +.LP +No vehicle shall he driven through any service drive or parking area +except for the purpose of attaining service or merchandise or for the +purpose of parking thereon. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving" -A "\c" \ + -- "Sec 15-514 Reckless Driving" +\& +.IP " 1." 4 +It shall be deemed reckless driving for any person to drive a motor +vehicle in a careless or wanton manner without regard for the safety of +persons or property. +.IP " 2." 4 +Any person convicted of violating this section shall be punished by a +fine not to exceed $500.00 and shall pay court costs. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-901. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1026.23.pdf" -A "\c" \ + -- "1026.23" +\& on 6/5/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving" -A "\c" \ + -- "Sec 15-515 Careless Or Negligent Driving" +\& +.IP " 1." 4 +No person shall drive, use, operate, park, cause to be parked, or stop +any vehicle: +.RS 4 +.IP " 1." 4 +In a careless manner; +.IP " 2." 4 +In a negligent manner; +.IP " 3." 4 +In such a manner as to endanger life, limb, person or property; or +.IP " 4." 4 +In such a manner or condition as to interfere with the lawful movement +of traffic or use of the streets. +.RE +.IP " 2." 4 +Every driver of a motor vehicle shall, upon stopping, or upon stopping +and leaving the vehicle, park the same in a careful and prudent manner +and place so as not to interfere with the operation of other vehicles or +with pedestrians or other traffic. +Failure to comply with these requirements shall he deemed careless +driving in violation of this section. +.IP " 3." 4 +Any driver who operates or continues to operate his vehicle when any +other person riding thereon or therein engages in any activity or does +any act which interferes with his operation thereof is guilty of +careless driving. +.IP " 4." 4 +A driver of a motor vehicle who collides with another vehicle or with +any person or property because of driving error is guilty of careless +driving. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving" -A "\c" \ + -- "Sec 15-516 Inattention To Driving; Texting While Driving" +\& +.IP " 1." 4 +Every driver shall remain alert and give full attention to the safe +control and operation of his vehicle while it is in motion. +Any driver who engages in any activity or does any act while driving +that interferes with the safe operation and control of his vehicle is +guilty of inattention to driving. +A driver of a motor vehicle who collides with another vehicle or with +any person or property because of inattention is guilty of careless +driving. +.IP " 2." 4 +It shall be unlawful for any person to operate a motor vehicle on any +street or highway within the city while using a hand-held electronic +communication device to manually compose, send or read an electronic +text message while the motor vehicle is in motion. +.IP " 3." 4 +Any person who violates the provisions of subsection (A) of this section +shall, upon conviction, be punished by a fine of not more than $100.00 +or the maximum designated by state law. +.IP " 4." 4 +The provisions of subsection (B) of this section shall not apply if the +person is using a cellular or electronic device for the sole purpose of +communicating with any of the following regarding an imminent emergency +situation: +.RS 4 +.IP " 1." 4 +An emergency responder; +.IP " 2." 4 +A hospital, physician\[aq]s office or health clinic; +.IP " 3." 4 +A provider of ambulance services; +.IP " 4." 4 +A provider of firefighting services; or +.IP " 5." 4 +A law enforcement agency. +.RE +.IP " 5." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +.br +\f[I]Cellular telephone\f[R] means an analog or digital wireless +telephone authorized by the Federal Communications Commission to operate +in the frequency bandwidth reserved for cellular telephones. +.br +.br +\f[I]Compose, send\f[R] or \f[I]read\f[R], with respect to a text +message, means the manual entry, sending or retrieval of a text message +to communicate with any person or device. +.br +\f[I] +.br +Electronic communication device\f[R] means an electronic device that +permits the user to manually transmit a communication of written text by +means other than through an oral transfer or wire communication. +The term \[dq]electronic communication device\[dq] does not include a +device that is physically or electronically integrated into a motor +vehicle or a voice-operated global positioning or navigation system that +is affixed to a motor vehicle, or a hands-free device that allows the +user to write, send or read a text message without the use of either +hand except to activate, deactivate or initiate a feature or function. +.br +.br +\f[I]Text message\f[R] includes a text-based message, instant message, +electronic message, photo, video, or electronic mail. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-901d. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327005_Ordinance%20No.%20808%20(15).pdf" -A "\c" \ + -- "808(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose" -A "\c" \ + -- "Sec 15-517 Driving Over Fire Hose" +\& +.LP +No vehicle shall be driven over any unprotected hose of a fire +department when laid down on any street or private driveway, to be used +at any fire or alarm of fire, without the consent of the fire department +official in command. +.PP +\f[B]State Law reference\f[R]\[em] Driving over fire hose, 47 O.S. +§ 11-1109. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus" -A "\c" \ + -- "Sec 15-518 Following Fire Or Emergency Apparatus" +\& +.IP " 1." 4 +The driver of any vehicle other than one on official business shall not +follow any fire apparatus traveling in response to a fire alarm closer +than 500 feet or drive into or park such vehicle within the block where +fire apparatus has stopped in answer to a fire alarm. +.IP " 2." 4 +The driver of any vehicle other than one on official business shall not +follow any emergency vehicle or shall not purposely drive to any +location on a highway where an emergency exists which would interfere +with the free movement of authorized emergency vehicles or any other +traffic using the highway at that location. +For the purpose of this subsection the definition of emergency shall +include traffic accidents, airplane accidents, disasters, explosions, +civil disturbances and (without limitation by the foregoing) any other +related circumstances which tend to cause traffic congestion. +The purpose of this subsection is to eliminate sightseers and other +persons who do not have official business at the scene of an emergency, +and whose presence would tend to cause traffic congestion. +.LP +(Ord. +No. +506, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1108. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-519 Procedure On Approach Of Emergency Vehicles" +\& +.IP " 1." 4 +Upon the immediate approach of an authorized emergency vehicle making +use of audible and visual signals meeting the requirements of the laws +of the state, or of a police vehicle properly and lawfully making use of +an audible signal only, the driver of every other vehicle shall yield +the right-of-way and shall immediately drive to a position parallel to, +and as close as possible to, the right-hand edge or curb of the roadway +clear of any intersection, and shall stop and remain in such position +until the authorized emergency vehicle has passed, except when otherwise +directed by a police officer. +.IP " 2." 4 +This section shall not operate to relieve the driver of an authorized +emergency vehicle from the duty to drive with due regard for the safety +of all persons using the highway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-405. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age" -A "\c" \ + -- "Sec 15-520 Driving Under The Influence While Under Age" +\& +.IP " 1." 4 +It is unlawful, and punishable as provided in subsection (C) of this +section, for any person under 21 years of age to drive, operate, or be +in actual physical control of a motor vehicle within the state who: +.RS 4 +.IP " 1." 4 +Has any measurable quantity of alcohol in the person\[aq]s blood or +breath at the time of a test administered within two hours after an +arrest of the person; +.IP " 2." 4 +Exhibits evidence of being under the influence of any other intoxicating +substance as shown by analysis of a specimen of the person\[aq]s blood, +breath, saliva, or urine in accordance with the provisions of 47 O.S. +§§ 752 and 759; or +.IP " 3." 4 +Exhibits evidence of the combined influence of alcohol and any other +intoxicating substance. +.RE +.IP " 2." 4 +As used in this section, the term \[dq]other intoxicating substance\[dq] +means any controlled dangerous substance as defined in 63 O.S. +§ 2-101 et seq., or any other substance, other than alcohol, which is +capable of being ingested, inhaled, injected, or absorbed into the human +body and is capable of adversely affecting the central nervous system, +vision, hearing, or other sensory or motor function. +.IP " 3." 4 +Any person under 21 years of age who violates any provisions of +subsection (A) of this section shall, upon conviction, be guilty of +driving under the influence while under age. +A violator shall be punished for a first offense by a fine of not less +than $100.00 nor more than $200.00 or by completion of 20 hours of +community service, or by requiring the person to attend and complete a +treatment program, or by any combination of fine, community service, or +treatment. +.RS 4 +.IP " 1." 4 +The court may assess additional community service hours in lieu of any +fine specified in this section. +.IP " 2." 4 +In addition to any penalty imposed pursuant to the provisions of this +section, the person may be subject to: +.RS 4 +.IP " 1." 4 +The cancellation or denial of driving privileges as ordered by the court +pursuant to 47 O.S. +§ 6-107.1; +.IP " 2." 4 +The seizure of the driver\[aq]s license at the time of arrest or +detention, and the administrative revocation of driving privileges by +the department of public safety pursuant to 47 O.S. +§ 754; and +.IP " 3." 4 +The mandatory revocation of driving privileges pursuant to 47 O.S. +§ 6-205.1, which revocation period may be modified as provided by law. +.RE +.RE +.IP " 4." 4 +Nothing in this section shall be construed to prohibit the filing of +charges pursuant to 47 O.S. +§ 761 or 47 O.S. +§ 11-902 when the facts warrant. +.IP " 5." 4 +When the municipal court has determined that a person under the age of +18 years has committed any offense described in subsection (A) of this +section, or that a person 18, 19, or 20 years of age has committed an +offense described in this section, the court shall notify the department +of public safety on a form prescribed by the department as provided in +47 O.S. +§ 6-107.2. +.IP " 6." 4 +The notice shall include the name, date of birth, physical description +and, if known, the driver\[aq]s license number of the person. +The notice shall contain a recommendation to the department to cancel or +deny driving privileges for a specified period of time, in the +discretion of the court, except as otherwise provided by law, as +follows: +.RS 4 +.IP " 1." 4 +For a period not to exceed six months; +.IP " 2." 4 +For a period not to exceed one year; +.IP " 3." 4 +For a period not to exceed two years; or +.IP " 4." 4 +Until the person attains 21 years of age. +.br +The court shall send a copy of the notice to the person first class, +postage prepaid. +.RE +.IP " 7." 4 +In addition to the administrative revocation of driving privileges +pursuant to 47 O.S. +§ 754 and the mandatory revocation of driving privileges pursuant to 47 +O.S. +§ 6-205.1, this section applies to any crime, violation, infraction, +traffic offense or other offense involving or relating to the +possession, use, sale, purchase, transportation, distribution, +manufacture, or consumption of beer, alcohol, or any beverage containing +alcohol and to any crime, violation, interaction, traffic offense or +other offense involving or relating to the possession, use, sale, +purchase, transportation, consumption, ingestion, inhalation, injection, +or absorption of any controlled dangerous substance as defined by 63 +O.S. +§ 2-101(8) or any substance which is capable of being ingested, inhaled, +injected, or absorbed into the human body and is capable of adversely +affecting the central nervous system, vision, hearing, or other sensory +or motor functions. +.IP " 8." 4 +Any person whose driving privileges are canceled or denied pursuant to +this section may file a petition for relief based upon error or hardship +pursuant to 47 O.S. +§ 6-107.2. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-906.4. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required" -A "\c" \ + -- "Sec 15-521 Driver\[aq]s License Required" +\& +.LP +No person shall drive or operate any motor vehicle on any public roadway +within the city unless such person has a current, not suspended or +revoked, valid driver\[aq]s or chauffeur\[aq]s license as required by +state law. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 6-303. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License" -A "\c" \ + -- "Sec 15-522 Driving While License Suspended, Use Of False License" +\& +.IP " 1." 4 +No person shall: +.RS 4 +.IP " 1." 4 +Display or cause or permit to be displayed or have in his possession any +cancelled, revoked, suspended, fictitious, photo static or fraudulently +altered operator\[aq]s or chauffeur\[aq]s license; +.IP " 2." 4 +Lend his operator\[aq]s or chauffeur\[aq]s license to any other person +or knowingly permit the use thereof by another; +.IP " 3." 4 +Display or represent as his own any operator\[aq]s or chauffeur\[aq]s +license not issued to him; or +.IP " 4." 4 +Permit any unlawful use of an operator\[aq]s or chauffeur\[aq]s license +issued to him. +.RE +.IP " 2." 4 +No person shall drive a motor vehicle on any public street within the +city at a time when his privilege to do so is cancelled, suspended or +revoked. +This includes persons who operate a motor vehicle with a suspended +set-up number that has been issued by the department of public safety. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§§ 6-303, 6-305. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive" -A "\c" \ + -- "Sec 15-523 Permitting Unlicensed Person To Drive" +\& +.LP +No person shall authorize or knowingly permit a motor vehicle owned by +him or under his control to be driven upon any street in the city by any +person who is not authorized or licensed to drive a motor vehicle under +the laws of the state or under the laws of the state of the driver\[aq]s +residence of record. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 6-305. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions" -A "\c" \ + -- "Sec 15-524 Driving Through Funeral Processions" +\& +.IP " 1." 4 +No driver of a vehicle shall drive between the vehicles comprising a +funeral or other authorized procession while they are in motion and when +such vehicles are conspicuously designated as required in this chapter. +.IP " 2." 4 +This section shall not apply at intersections where traffic is +controlled by police officers. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession" -A "\c" \ + -- "Sec 15-525 Driving In Funeral Procession" +\& +.LP +Each driver in a funeral or other procession shall drive as near to the +right-hand edge of the roadway as practicable except when otherwise +directed or escorted by a police officer. +Each driver shall follow the vehicle ahead as closely as is practicable +and safe and at a speed as designated by the escort for the procession. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-315. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions" -A "\c" \ + -- "Sec 15-526 Identification Of Funeral Processions" +\& +.LP +A funeral composed of a procession of vehicles shall be identified by +headlights turned on or by the display upon the outside of each vehicle +an identifying insignia or by such other method as may be determined and +designated by the police department. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway" -A "\c" \ + -- "Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On Roadway" +\& +.IP " 1." 4 +No person shall operate, ride upon, or propel any roller skates, +coasters, skateboards, toy vehicles or similar devices on or over any of +the following places: +.RS 4 +.IP " 1." 4 +On any roadway within the city except while crossing a street in a +crosswalk; +.IP " 2." 4 +On any sidewalk or street abutting a business within the city, +including, but not limited to, parking areas and sidewalks used for +ingress and egress to any place of business; +.IP " 3." 4 +On any public property where signs are posted prohibiting such use, such +as parking lots, bicycle or jogging paths; +.IP " 4." 4 +In any concrete or asphalt drainage ways, storm sewers or culverts +(whether posted or not); or +.IP " 5." 4 +On private property where a sign prohibiting such items or activity has +been posted by the owner, lessee, or person in charge of the property. +.RE +.IP " 2." 4 +Operators of roller skates, coasters, skateboards, toy vehicles or +similar devices shall yield the right-of-way to other pedestrians using +public walkways and shall not otherwise endanger or interfere with +pedestrian traffic on those walkways. +.IP " 3." 4 +The provisions of subsection (A) of this section shall not apply to any +public street, sidewalk, alley, plaza or parking, which has been closed +or set aside for the purpose of a community event, celebration or +festival for which a revocable permit has been approved and the use of +such items or activity has been approved. +.IP " 4." 4 +The enforcement officer may issue a warning on a first offense when in +the judgment of the enforcement officer a warning will be sufficient to +alleviate the problem. +If an offender is under the age of 18 years, a parent or guardian of the +offender shall be notified and shall be mailed or handed a copy of the +written warning or citation. +.IP " 5." 4 +Any person found guilty of this section shall be punished as provided in +section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized" -A "\c" \ + -- "Sec 15-528 Play Streets Authorized" +\& +.LP +The city manager, subject to direction by the council, if any, shall +have authority to declare any street or part thereof a play street and +have placed appropriate signs or devices in the roadway indicating and +helping to protect the same. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles" -A "\c" \ + -- "Sec 15-529 Use Of Play Streets By Motor Vehicles" +\& +.LP +Whenever authorized signs are erected indicating any street or part +thereof as a play street, no person shall drive a vehicle upon any such +street or portion thereof except drivers of vehicles having business or +whose residences are within such closed area, and then such drivers +shall exercise the greatest care in driving upon any such street or +portion thereof. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ + -- "Sec 15-530 Obstructing Intersection Or Crosswalk" +\& +.LP +No driver shall enter an intersection or a marked crosswalk unless there +is sufficient space on the other side of the intersection or crosswalk +to accommodate the vehicle he is operating without obstructing the +passage of other vehicles or pedestrians, notwithstanding any +traffic-control signal indication to proceed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited" -A "\c" \ + -- "Sec 15-531 Driving On Sidewalk Prohibited" +\& +.LP +Except as provided in 47 O.S. +§ 11-805.3, the driver of a vehicle shall not drive upon a sidewalk or +within any sidewalk area except at a permanent or temporary driveway. +.PP +\f[B]State Law reference\f[R]\[em] Power of city to prohibit driving on +sidewalks, 11 O.S. +§ 22-117. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted" -A "\c" \ + -- "Sec 15-532 Driving In Public Parks And Other Properties Restricted" +\& +.IP " 1." 4 +No person shall drive, operate or propel a motor vehicle or motor-driven +cycle, including a motor scooter or motor-driven bicycle, in any park, +public property or right-of-way or easement, within or owned by the +city, except upon established roadways or roadways designed for +vehicular traffic. +A vehicle may be driven a reasonable distance from the roadway for the +purpose of going to and from a parking place. +.IP " 2." 4 +No person shall drive, operate or propel a motor vehicle or motor-driven +cycle past any barrier, sign or other device indicating that vehicular +traffic is prohibited in, upon or through any area upon which vehicular +traffic is prohibited. +.IP " 3." 4 +Emergency vehicles are exempt from the provisions of this section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission" -A "\c" \ + -- "Sec 15-533 Driving On Property Without Permission" +\& +.IP " 1." 4 +It is unlawful for any person to operate any motor vehicle of any size +driven by a motor of any size on or within any private property except +where the operator of the motor vehicle has first obtained the consent +of the owner of the property in writing. +.IP " 2." 4 +Motor driven vehicles may be driven a reasonable distance from the +street only when the operator is going to or from a parking stall or +space. +Emergency vehicles such as police, fire, civil defense or other +emergency motor driven vehicles are exempt from the provisions of this +section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles" -A "\c" \ + -- "Sec 15-534 Starting Stopped Or Parked Vehicles" +\& +.LP +No person shall start a vehicle which is stopped, standing or parked +unless and until such movement can be made with reasonable safety. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-603. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle" -A "\c" \ + -- "Sec 15-535 Backing Of Vehicle" +\& +.LP +The driver of a vehicle shall not back the same unless such movement can +be made without interfering with other traffic. +No vehicle shall be backed upon any street except for such distance as +may be necessary to permit the vehicle to enter the proper driving lane +from a parked position. +Such backing shall be done only after the driver of the vehicle has +ascertained that such movement can be made without endangering other +traffic. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1102. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door" -A "\c" \ + -- "Sec 15-536 Opening And Closing Vehicle Door" +\& +.LP +No person shall open the door of a motor vehicle on the side available +to moving traffic unless and until it is reasonably safe to do so. +No person shall leave a door open on the side of a motor vehicle +available to moving traffic to load or unload passengers. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1105. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus" -A "\c" \ + -- "Sec 15-537 Obstructions To Driver\[aq]s View, Number In Front Seat; Overloading School Bus" +\& +.IP " 1." 4 +No person shall drive a vehicle when it is so loaded or when there are +in the front seat such a number of persons, exceeding three, as to +obstruct the view of the driver to the front or sides of the vehicle or +as to interfere with the driver\[aq]s control over the driving mechanism +of the vehicle. +.IP " 2." 4 +No passenger in a vehicle shall ride in such position as to interfere +with the driver\[aq]s view ahead or to the sides or to interfere with +his control over the driving mechanism of the vehicle. +.IP " 3." 4 +No school bus shall be operated on the streets or highways in the state +when loaded with passengers in excess of the number for which such bus +is designed to carry. +The number of passengers determined by the local school board which the +bus is designed to carry shall be posted in a conspicuous place on the +bus. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle" -A "\c" \ + -- "Sec 15-538 Clinging To Vehicle" +\& +.LP +No person riding upon any bicycle, motorized scooter, coaster, roller +skates, sled or toy vehicle shall attach the same or himself to any +vehicle upon a roadway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1204. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle" -A "\c" \ + -- "Sec 15-539 Boarding Or Alighting From Moving Vehicle" +\& +.LP +No person shall board or alight from any vehicle while such vehicle is +in motion. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment" -A "\c" \ + -- "Sec 15-540 Riding Outside Vehicle Compartment" +\& +.IP " 1." 4 +No operator of a motor vehicle shall allow a passenger to ride outside +the passenger compartment of the vehicle on the streets of the city, +provided this subsection shall not apply to persons so riding on private +property or for parades or special events, while in the parade +procession, nor shall this section apply to passengers riding while +sitting or kneeling on the floor of the bed of a pickup truck. +Any person convicted of violating the provisions of this subsection +shall be punished by a fine of $10.00 and shall pay court costs of +$15.00, provided the department of public safety shall not assess points +to the driving record of any licensed or unlicensed person convicted of +a violation of this section. +.IP " 2." 4 +No person shall ride, hang, or stand outside the passenger compartment +of any vehicle while on the streets of the city, except this section +shall not apply to persons so riding on private property or for parades +or special events, while in the parade procession, nor shall this +section apply to persons riding as a passenger in the bed of a pickup +truck so long as the person is kneeling or sitting on the floor of the +bed of the pickup truck. +.IP " 3." 4 +This section shall not apply to employees engaged in the necessary +discharge of duties while riding in the space of a truck intended for +merchandise. +.LP +(Ord. +No. +30(92), 7-20-1992) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1114. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone" -A "\c" \ + -- "Sec 15-541 Driving Through Safety Zone" +\& +.LP +No vehicle shall at any time be driven through or within a safety zone +or island. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1301. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty" -A "\c" \ + -- "Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; Exceptions; Penalty" +\& +.IP " 1." 4 +The following words, terms and phrases, when used in this section, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: +.br +\f[I]Child passenger restraint system\f[R] means an infant or child +passenger restraint system that meets the federal standards as set by 49 +CFR 571.213. +.IP " 2." 4 +Every driver when transporting a child under eight years of age in a +motor vehicle operated on the roadways, streets, or highways of the +state, shall provide for the protection of said child by properly using +a child passenger restraint system as follows: +.RS 4 +.IP " 1." 4 +A child under four years of age shall be properly secured in a child +passenger restraint system. +The child passenger restraint system shall be rear-facing until the +child reaches two years of age or until the child reaches the weight or +height limit of the rear-facing child passenger restraint system, +whichever occurs first. +.IP " 2." 4 +A child at least four years of age but younger than eight years of age, +if not taller than four feet nine inches in height, shall be properly +secured in either a child passenger restraint system or child booster +seat. +.IP " 3." 4 +If a child is eight years of age or is taller than four feet nine inches +in height, a seat belt properly secured to the vehicle shall be +sufficient to meet the requirement of this section. +.RE +.IP " 3." 4 +This section shall not apply to: +.RS 4 +.IP " 1." 4 +The driver of a school bus, taxicab, moped, motorcycle, or other motor +vehicle not required to be equipped with safety belts pursuant to city +ordinance, state statute, or federal law; +.IP " 2." 4 +The driver of an ambulance or emergency vehicle; +.IP " 3." 4 +A driver of a vehicle if all of the seat belts in the vehicle are in +use; +.IP " 4." 4 +The transportation of children who for medical reasons are unable to be +placed in such devices, provided there is written documentation from a +physician of such medical reason; +.IP " 5." 4 +The transportation of a child who weighs more than 40 pounds and who is +being transported in the back seat of a vehicle while wearing only a lap +safety belt when the back seat is not properly equipped with combination +lap and shoulder safety belts, or when the combination lap and shoulder +safety belts in the back seat are being used by other children who weigh +more than 40 pounds; provided, however, for purposes of this subsection, +the term \[dq]back seat\[dq] shall include all seats located behind the +front seat of a vehicle operated by a licensed child care facility or +church; Provided further, there shall be a rebuttable presumption that a +child has met the weight requirements of this subsection if, at the +request of any law enforcement officer, the licensed child care facility +or church provides the officer with a written statement verified by the +parent or legal guardian that the child weighs more than 40 pounds. +.RE +.IP " 4." 4 +A law enforcement officer is hereby authorized to stop a vehicle if it +appears that the driver of the vehicle has violated the provision of +this section and to give an oral warning to the driver. +The warning shall advise the driver of the possible danger to children +resulting from the failure to install or use a child passenger restraint +system or seat belts in the motor vehicle. +.IP " 5." 4 +A violation of the provisions of this section shall not be admissible as +evidence in any civil action or proceeding for damages. +In any action brought by or on behalf of an infant for personal injuries +or wrongful death sustained by motor vehicle collision, the failure of +any person to have the infant properly restrained in accordance with the +provisions of this section shall not be used in aggravation or +mitigation of damages. +.IP " 6." 4 +Any person convicted of violating this section shall be punished by a +fine of $50.00, or the maximum amount allowed by state law, whichever is +greater, and shall pay court costs. +This fine shall be suspended in the case of the first offense upon proof +of purchase or acquisition by loan of a child passenger restraint +system. +The fine need not be suspended if the child was being transported in a +motor vehicle already equipped with a child passenger restraint system. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1112. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327074_Ordinance%20No.%20809%20(15).pdf" -A "\c" \ + -- "809(15)" +\& on 10/19/2015 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions" -A "\c" \ + -- "Sec 15-543 Seat Belts Required For Front Seat Passengers; Exceptions" +\& +.IP " 1." 4 +Every operator and front seat passenger of a Class A commercial motor +vehicle, Class B commercial motor vehicle, Class C commercial motor +vehicle or a passenger car operated in the city shall wear a properly +adjusted and fastened safety seat belt system, required to be installed +in the motor vehicle when manufactured pursuant to Federal Motor Vehicle +Safety Standard 208. +For the purposes of this section, the term \[dq]passenger car\[dq] shall +mean a Class D motor vehicle, but shall not include trucks, +truck-tractors, recreational vehicles, motorcycles, motorized bicycles +or vehicles used primarily for farm use and licensed pursuant to 47 O.S. +§ 1134. +.IP " 2." 4 +This section shall not apply to an operator or passenger of a passenger +car in which the operator or passenger possesses a written verification +from a physician licensed in the state that he is unable to wear a +safety seat belt system for medical reasons. +The issuance of such verification by a physician, in good faith, shall +not give rise to, nor shall such physician thereby incur, any liability +whatsoever, in damages or otherwise, to any person injured by reason of +such failure to wear a safety seat belt system. +.IP " 3." 4 +This section shall not apply to an operator of a motor vehicle who is a +route carrier of the U.S. +Postal Service. +.IP " 4." 4 +Any person convicted of violating this section shall be punished by a +fine of $20.00, or the maximum amount allowed by state law, whichever is +greater. +.LP +(Ord. +No. +423, 2-2-1987) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 12-417. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings" -A "\c" \ + -- "Sec 15-544 Certain Vehicles To Stop At All Railroad Crossings" +\& +.IP " 1." 4 +The driver of any motor vehicle carrying passengers for hire, or of any +school bus carrying any school child, or of any vehicle carrying +explosive substances or flammable liquids as a cargo or part of a cargo, +before crossing at grade any track or tracks of a railroad, shall stop +such vehicles within 50 feet but not less than 15 feet from the nearest +rail of such railroad, and while so stopped, shall listen and look in +both directions along such track for any approaching train and for +signals indicating the approach of a train, except as hereinafter +provided, and shall not proceed until he can do so safely. +After stopping as required herein and upon proceeding when it is safe to +do so, the driver of any such vehicle shall cross only in such gear of +the vehicle that there will be no necessity for changing gears while +traversing such crossing, and the driver shall not shift gears while +crossing the track or tracks. +.IP " 2." 4 +No stop need be made at any such crossing where a police officer or +traffic-control signals direct traffic to proceed. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-702. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights" -A "\c" \ + -- "Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing Lights" +\& +.LP +The driver of a motor vehicle, upon approaching a stationary authorized +emergency vehicle that is displaying a flashing combination red or blue +light or any combination of red or blue lights, shall: +.IP " 1." 4 +If traveling on a highway that consists of two or more lanes that carry +traffic in the same direction of travel as that of the driver, the +driver shall proceed with due caution and shall, if possible and with +due regard to the road, weather, and traffic conditions, change lanes +into a lane that is not adjacent to the stationary authorized emergency +vehicle; or if the driver is not able to change lanes or if to do so +would be unsafe, the driver shall proceed with due caution and reduce +the speed of the motor vehicle to a safe speed for the existing road, +weather, and traffic conditions; and +.IP " 2." 4 +If traveling on a highway other than a highway described in subsection +(A) of this section, the driver shall proceed with due caution and +reduce the speed of the motor vehicle to a safe speed for the existing +road, weather, and traffic conditions. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-314. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones" -A "\c" \ + -- "Sec 15-546 Procedures For Motor Vehicles Required To Merge In Maintenance And Construction Zones" +\& +.IP " 1." 4 +When any highway has been closed to traffic while the highway is flooded +or under repair, maintenance or construction and traffic-control devices +or barricades have been erected, it shall be unlawful for any person to +drive any vehicle through, under, over, or around the traffic-control +devices or barricades, or otherwise to enter the closed area. +The provisions of this subsection shall not apply to persons while +engaged in the construction, maintenance and repair of the highway or to +persons entering therein for the protection of lives or property, +provided that persons having their places of residence or places of +business within the closed area may travel, when possible to do so, +through the area at their own risk. +.IP " 2." 4 +Whenever construction, repair and maintenance of any highway is being +performed under traffic, the city or other authority shall erect, or +cause to be erected, traffic-control devices to warn and guide the +public. +Each person using the highway shall obey all signs, signals, markings, +flagmen or other traffic-control devices which are placed to regulate, +control, and guide traffic through the construction or maintenance area. +As used in this subsection, the term \[dq]construction or maintenance +area\[dq] means any area upon or around any highway that is visibly +marked as an area where construction, repair, and maintenance is +temporarily occurring. +The construction or maintenance area also includes the lanes of highway +leading up to the area upon which an activity described in this section +is being performed, beginning at the point where properly posted +traffic-control devices start to warn and guide the public into and +through the construction or maintenance, including, but not limited to, +instructions to merge from one lane into another lane, to reduce speed, +or to follow directions of flagmen. +.IP " 3." 4 +The \[dq]Merge Now\[dq] traffic-control device that is used to warn and +guide the public using the highway to merge, shall be located no greater +than one mile nor less than 1,500 feet in advance of the highway +construction or maintenance area. +Whenever any traffic-control device requires traffic to merge due to the +closure of a section or lane of highway, the merge shall be completed: +.RS 4 +.IP " 1." 4 +As soon as practicable after passing the traffic-control device; and +.IP " 2." 4 +Without passing any other traffic proceeding in the same direction. +.RE +.IP " 4." 4 +No person shall remove, change, modify, deface or alter any +traffic-control device or barricade which has been erected on any +highway under the provisions of this section. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1302. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING" -A "\c" \ + -- "CHAPTER 15-6 STOPPING, STANDING AND PARKING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS" -A "\c" \ + -- "ARTICLE 15-6A PARKING REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING" -A "\c" \ + -- "ARTICLE 15-6B MANNER OF PARKING" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS" -A "\c" \ + -- "ARTICLE 15-6A PARKING REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places" -A "\c" \ + -- "Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain Places" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions" -A "\c" \ + -- "Sec 15-602 Handicapped Parking Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs" -A "\c" \ + -- "Sec 15-603 Parking Not To Obstruct Traffic Or Signs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited" -A "\c" \ + -- "Sec 15-604 Parking For Certain Purposes Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking" -A "\c" \ + -- "Sec 15-605 Double Parking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking" -A "\c" \ + -- "Sec 15-606 Removing Enforcement Marking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway" -A "\c" \ + -- "Sec 15-607 Standing Or Parking On Left Side Of Roadway" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle" -A "\c" \ + -- "Sec 15-608 Parking On Private Property; Impounding Of Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs" -A "\c" \ + -- "Sec 15-609 Driving Or Parking On Commercial Business Property Restricted; Signs" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours" -A "\c" \ + -- "Sec 15-610 Parking More Than 24 Hours" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles" -A "\c" \ + -- "Sec 15-611 Unattended Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time" -A "\c" \ + -- "Sec 15-612 Authority To Restrict Parking Time" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner" -A "\c" \ + -- "Sec 15-613 Parking In Private Parking Spaces Without Permission Of Owner" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property" -A "\c" \ + -- "Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-615 Limiting Parking To Authorized Emergency Vehicles" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places" -A "\c" \ + -- "Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain Places" +\& +.IP " 1." 4 +Except as otherwise provided in subsection (B) of this section, no +person shall stop, stand or park a vehicle, except when necessary to +avoid conflict with other traffic or in compliance with law or the +directions of a police officer or traffic-control device, in any of the +following places: +.RS 4 +.IP " 1." 5 +On a sidewalk; +.IP " 2." 5 +In front of a public or private driveway; +.IP " 3." 5 +Within 15 feet of a fire hydrant; +.IP " 4." 5 +Within an intersection; +.IP " 5." 5 +On a crosswalk; +.IP " 6." 5 +Within 20 feet of a crosswalk at an intersection; +.IP " 7." 5 +Within 30 feet upon the approach to any flashing beacon, stop sign or +traffic-control signal located at the side of a roadway; +.IP " 8." 5 +Between a safety zone and the adjacent curb or within 30 feet of points +on the curb immediately opposite the ends of a safety zone, unless the +authority having jurisdiction indicates a different length by signs or +marking; +.IP " 9." 5 +Within 50 feet of the nearest rail of a railroad crossing; +.IP " 10." 5 +Within 20 feet of the driveway entrance to any fire station and on the +side of a street opposite the entrance to any fire station within 75 +feet of said entrance (when properly signposted); +.IP " 11." 5 +Alongside or opposite any street excavation or obstruction when +stopping, standing or parking would obstruct traffic; +.IP " 12." 5 +On the roadway side of any vehicle stopped or parked at the edge or curb +of a street; +.IP " 13." 5 +Upon any bridge or other elevated structure upon a highway or within a +highway underpass; +.IP " 14." 5 +At any place where official signs prohibit stopping. +.RE +.IP " 2." 4 +No person engaging in the collection and disposal of solid waste or +recycling material, or both, as a business, pursuant to the provisions +of the Oklahoma Solid Waste Management Act (27A O.S. +§ 2-10-101 et seq.), shall stop, stand or park a vehicle, except when +necessary to avoid conflict with other traffic or in compliance with law +or the directions of a police officer or traffic-control device, in any +of the following places: +.RS 4 +.IP " 1." 4 +On a sidewalk; +.IP " 2." 4 +Within an intersection; +.IP " 3." 4 +Alongside or opposite any street excavation or obstruction when +stopping, standing or parking would obstruct traffic; +.IP " 4." 4 +Upon any bridge or other elevated structure upon a highway or within a +highway underpass; or +.IP " 5." 4 +At any place where official signs prohibit stopping. +.RE +.IP " 3." 4 +No person shall move a vehicle not lawfully under the control of the +person into any prohibited area or away from a curb such distance as is +unlawful. +.IP " 4." 4 +No person shall park any vehicle in front of any show, theater, or place +of amusement during any performance or entertainment therein, or while +patrons are in such place either before the commencement or after the +close of any performance. +The police or fire chief shall plainly indicate such non-parking spaces +by appropriate signs or markings. +.IP " 5." 4 +No person shall park, stand, stop or store a motor vehicle on the +following streets or during the time limits indicated after signs are +posted accordingly: +.RS 4 +.IP " 1." 5 +West Main Street, commencing at the intersection of West Main and +Telephone Road to the intersection of West Main Street and Irving Drive; +.IP " 2." 5 +Broadway Avenue, from the intersection of Broadway Avenue and the north +city limit to the intersection of Broadway Avenue and the south city +limit within the city; +.IP " 3." 5 +Janeway Avenue, from the intersection of Janeway Avenue and Northwest +Twenty-Seventh Street to the intersection of Janeway Avenue and +Southwest Fourth Street within the city, excepting the east side of the +maintained portion of Janeway Avenue from the intersection of Janeway +Avenue and Northwest Fifth Street to the intersection of Janeway Avenue +and Southwest Fourth Street within the corporate limits; +.IP " 4." 5 +Julie Street; +.IP " 5." 5 +Northeast Twelfth Street, on either side where such street abuts the +Moore Community Park, between the hours of 12:01 a.m. +and 6:00 a.m. +on each day; +.IP " 6." 5 +Northeast Twenty-first Street, commencing at the place where such street +connects with North Broadway Street, thence eastward to and across the +drainage ditch or canal passing under the street, thence eastward to and +through the curve to the left to the place and point where such curve is +completed and such street commences its direction to the north; +.IP " 7." 5 +Southwest First Street, south side from the intersection of Southwest +First Street and Telephone Road to the intersection of Southwest First +Street and Janeway Avenue in the city; +.IP " 8." 5 +E. Main Street from and including the intersection of E. Main Street and +Telephone Road to and including the intersection of E. Main Street and +S. Ramblin Oaks Drive within the city; and +.IP " 9." 5 +Messenger Lane, on either side of Messenger Lane beginning at NE 12th +Street and extending south a distance of 960 feet. +.IP " 10." 5 +The south half of Southwest 10th street beginning at the edge of the +driveway to 804 SW 10th Street and extending to the north edge of the +driveway to 1205 South Janeway Avenue. +.br +.RE +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1003. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796832_ordinance%20983.21.pdf" -A "\c" \ + -- "983(21)" +\& on 7/19/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions" -A "\c" \ + -- "Sec 15-602 Handicapped Parking Restrictions" +\& +.IP " 1." 4 +.IP " 1." 4 +It shall be unlawful for any person to place or park a motor vehicle in +any parking space that is designated and posted as a reserved area for +the parking of a motor vehicle operated by or transporting a physically +disabled person unless such person has applied for and been issued a +detachable placard indicating physical disability under the provisions +of 47 O.S. +§ 15-112, and such placard is displayed as provided in 47 O.S. +§ 15-112 or in rules adopted pursuant thereto, or has applied for and +been issued a physically disabled license plate, a disabled veterans +license plate or a Purple Heart recipient license plate pursuant to the +provisions of 47 O.S. +§ 1135.1 or 1135.2, and such license plate is displayed pursuant to the +provisions of the Oklahoma Vehicle License and Registration Act (47 O.S. +§ 1101 et seq.), or has been issued a disability sticker issued by the +Department of Veterans Affairs and/or federal military bases, or a +physically disabled placard or license plate issued by another state. +.IP " 2." 4 +It shall also be unlawful for any person to place or park a motor +vehicle, whether with or without a physically disabled placard or plate, +in any disabled parking space access aisle, wheelchair ramp, wheelchair +loading/unloading area or any portion thereof. +.IP " 2." 4 +.IP " 1." 4 +Violation of these provisions shall be a misdemeanor and, upon +conviction, the person shall be fined up to $200.00, provided any person +cited for a first offense of a violation of this section who has +displayed a placard which has expired pursuant to 47 O.S. +§ 15-112(D)(4) or (D)(5) shall be entitled to dismissal of such charge +and shall not be required to pay the fine or court costs if the person +presents to the court within 30 days of the issuance of the citation a +notice from the department of public safety that the person has obtained +a valid placard pursuant to the provisions of 47 O.S. +§ 15-112(D). +.IP " 2." 4 +In addition, vehicles unlawfully parked in violation of these provisions +shall be subject to immediate tow by a licensed tow truck operator at +the request of the landowner or a duly appointed agent of the landowner, +at the request of any person unable to lawfully gain access to or move +their vehicle, at the request of any person unable to lawfully gain +access to the area blocked by the unlawfully parked vehicle, or at the +request of appropriate law enforcement personnel. +The owner of any vehicle unlawfully parked in violation of these +provisions shall pay any and all reasonable and necessary costs +associated with towing and storage of the vehicle. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1007. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1011.22.pdf" -A "\c" \ + -- "1011.22" +\& on 7/18/2022 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1034.23.pdf" -A "\c" \ + -- "1034.23" +\& on 10/2/2023 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs" -A "\c" \ + -- "Sec 15-603 Parking Not To Obstruct Traffic Or Signs" +\& +.IP " 1." 4 +No person shall park a vehicle within a street or alley in such a manner +or under such conditions as to prohibit the free movement of authorized +emergency vehicles or vehicular traffic. +.IP " 2." 4 +No person shall stop, stand or park a vehicle within a street or alley +in such a position as to block the driveway entrance to any abutting +property. +.IP " 3." 4 +No person shall at any time stop, stand or park a vehicle except when +necessary to avoid conflict with other traffic, in compliance with the +directions of a police officer or traffic-control device or in case of +emergency within any alley except for the purpose of and while actually +engaged in loading or unloading merchandise, with the maximum time +permitted for loading or unloading being as provided in this Code or as +posted; however, such vehicle must be headed in the proper direction in +the alley and it must be parked on the right half of one-way alleys. +.IP " 4." 4 +Any vehicle parked upon the public streets or right-of-way shall be +parked so as not to obstruct the view of any flashing beacon, stop sign +or traffic-control signal by oncoming traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited" -A "\c" \ + -- "Sec 15-604 Parking For Certain Purposes Prohibited" +\& +.LP +No person shall park his vehicle upon any street or highway, as defined +in section 15-101, any dedicated right-of-way, or any easement shown on +any plat maps of the city, for the principle purpose of: +.IP " 1." 4 +Displaying the vehicle for sale; +.IP " 2." 4 +Displaying advertising or displaying merchandise; +.IP " 3." 4 +Washing, greasing or repairing the vehicle, except repairs necessitated +by an emergency; and +.IP " 4." 4 +Selling merchandise or any other thing from vehicles without appropriate +permit or license from the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking" -A "\c" \ + -- "Sec 15-605 Double Parking" +\& +.LP +Double parking is permitted for a period of not to exceed ten minutes +and only if a competent driver licensed under state law remains in +complete control of the vehicle. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking" -A "\c" \ + -- "Sec 15-606 Removing Enforcement Marking" +\& +.LP +No person, with intent to extend the time during which a motor vehicle +can be parked at a time-restricted parking space, shall remove, erase, +obliterate, smudge or otherwise delete or disfigure any chalk or any +other mark or symbol used by authorized employees of the city in +connection with the enforcement of motor vehicle parking restrictions. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway" -A "\c" \ + -- "Sec 15-607 Standing Or Parking On Left Side Of Roadway" +\& +.IP " 1." 4 +The city manager, subject to direction of the council, may determine +when standing or parking may be permitted upon the left-hand side of any +one-way roadway and to have signs or marks placed giving notice thereof. +.IP " 2." 4 +In the event a highway includes two or more separate roadways and +traffic is restricted to one direction upon any such roadway, no person +shall stand or park a vehicle upon the left-hand side of such one-way +roadway unless signs or marks are placed to permit such standing or +parking. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle" -A "\c" \ + -- "Sec 15-608 Parking On Private Property; Impounding Of Vehicle" +\& +.IP " 1." 4 +No person shall park a vehicle on the private property of another +without the consent of the owner of the property, his agent or tenant. +.IP " 2." 4 +Any unoccupied vehicle parked in violation of this section may, upon +complaint of the property owner, his agent or tenant, be removed and +impounded by the property owner; and the vehicle owner must pay removal, +storage and impounding fees. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs" -A "\c" \ + -- "Sec 15-609 Driving Or Parking On Commercial Business Property Restricted; Signs" +\& +.IP " 1." 4 +It is unlawful for any person to drive or park a motor vehicle onto the +driveway, parking area or any portion of the premises of any business or +commercial property if signs are posted. +.IP " 2." 4 +This section shall be enforced as to all private property where a sign +shall have been posted in a clearly visible location stating +substantially as follows: +.br +.br +\[dq]PRIVATE PROPERTY. +NO PARKING OR TRESPASSING.\[dq] +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours" -A "\c" \ + -- "Sec 15-610 Parking More Than 24 Hours" +\& +.LP +No person shall park a vehicle on any street for a period of time longer +than 24 hours. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles" -A "\c" \ + -- "Sec 15-611 Unattended Vehicles" +\& +.LP +The person driving or in charge of a motor vehicle shall not permit it +to stand unattended without first stopping the engine and effectively +setting the brake thereon and, when standing upon any grade, turning the +front wheels to the curb or side of the street. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1101. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time" -A "\c" \ + -- "Sec 15-612 Authority To Restrict Parking Time" +\& +.IP " 1." 4 +The city council, by resolution, may establish parking time limits, or +prohibit parking on designated streets by having appropriate signs +placed thereon. +.IP " 2." 4 +When such signs are in place, no person shall park a vehicle in +violation thereof. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner" -A "\c" \ + -- "Sec 15-613 Parking In Private Parking Spaces Without Permission Of Owner" +\& +.IP " 1." 4 +The parking, leaving or keeping of vehicles, either with or without +occupants, upon real property owned or leased for use of hotels or +business establishments as private parking places, without permission of +the owner or lessee, as the case may be, is hereby prohibited. +.IP " 2." 4 +Any vehicle parked or left in violation of subsection (A) of this +section shall, upon the complaint of the owner or lessee of the +property, be removed from the premises by the property owner or his +designee, at the expense of the owner of the vehicle. +Such removal may be accomplished by the property owner or his designee +directing any person operating a towing service to pull the vehicle to +his garage or place of business, where it shall be held in the custody +of the towing company until the towing charges, if any, are paid. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property" -A "\c" \ + -- "Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private Property" +\& +.LP +The city manager, or his authorized representative, when the public +safety shall require, is authorized and directed to prohibit parking +upon private property used for shopping centers, schools, hospitals, +nursing homes, restaurants and places of public entertainment within +zones to be clearly designated and defined by appropriate sign, when the +same is necessary for the establishment of fire lanes to avoid +obstruction of free passage and access. +No person shall stop, stand or park a vehicle, except an authorized +emergency vehicle, within such prohibited fire lanes, except on +direction and by authority of a police officer. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-615 Limiting Parking To Authorized Emergency Vehicles" +\& +.LP +The city manager, subject to any directions which the city council may +give, is authorized to designate streets or portions thereof where +parking is limited to authorized emergency vehicles. +When signs are in place giving notice of such limitation, it shall be +unlawful for any person to park any vehicle, except an authorized +emergency vehicle, upon any such street or portion thereof. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING" -A "\c" \ + -- "ARTICLE 15-6B MANNER OF PARKING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb" -A "\c" \ + -- "Sec 15-621 Distance From Curb" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals" -A "\c" \ + -- "Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing Animals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking" -A "\c" \ + -- "Sec 15-623 Angle Parking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces" -A "\c" \ + -- "Sec 15-624 Parking Within Marked Spaces" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic" -A "\c" \ + -- "Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available For Traffic" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb" -A "\c" \ + -- "Sec 15-621 Distance From Curb" +\& +.LP +Except as otherwise provided in this section, every vehicle stopped or +parked upon roadway where there are adjacent curbs shall be so stopped +or parked with the right-hand wheels of such vehicle parallel to and +within 18 inches of the right-hand curb. +Every vehicle stopped and parked upon the left-hand side of a one-way +street where there are adjacent curbs shall be parked or stopped with +the left-hand wheels parallel to and within 18 inches of the left-hand +curb. +A person engaging in the collection and disposal of solid waste or +recycling material, or both, as a business, pursuant to the provisions +of the Oklahoma Solid Waste Management Act (27A O.S. +§ 2-10-101 et seq.), shall be exempt from the provisions of this section +while in the performance of such activities. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1004. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals" -A "\c" \ + -- "Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing Animals" +\& +.LP +Adequate brakes shall be set on all parked vehicles. +No driver of a motor vehicle shall leave the vehicle with the motor +running while parked. +Animals left or parked on the streets shall be securely hitched. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking" -A "\c" \ + -- "Sec 15-623 Angle Parking" +\& +.IP " 1." 4 +The city manager, subject to direction of the council, may determine +upon what streets and parts of streets angle parking will be permitted +and authority shall continue until changed permitting angle parking on +any such street or part of street and until the angle parking markings +or signs are amended. +.IP " 2." 4 +On those streets which have been so signed or marked for angle parking, +no person shall park or stand a vehicle other than at the angle to the +curb or edge of the roadway indicated by such signs or markings. +.IP " 3." 4 +Angle parking is not permitted on any state or federal-aid highway +unless the state department of transportation has determined that the +roadway is of sufficient width to permit angle parking without +interfering with the free movement of traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces" -A "\c" \ + -- "Sec 15-624 Parking Within Marked Spaces" +\& +.LP +In an area where parking spaces have been marked off on the surface of +the street, a driver parking a vehicle shall park it within a parking +space as thus marked off and not on or over a line delineating a space. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic" -A "\c" \ + -- "Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available For Traffic" +\& +.LP +No person shall park a vehicle upon a street or alley in such a manner +or under such conditions as to leave available less than ten feet of the +width of roadway for the free movement of vehicular traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS" -A "\c" \ + -- "CHAPTER 15-7 SPEED REGULATIONS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit" -A "\c" \ + -- "Sec 15-701 Speed Limit" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations" -A "\c" \ + -- "Sec 15-702 Special Speed Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed" -A "\c" \ + -- "Sec 15-703 Minimum Speed" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones" -A "\c" \ + -- "Sec 15-704 Speed Limits In Construction Zones" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit" -A "\c" \ + -- "Sec 15-701 Speed Limit" +\& +.IP " 1." 4 +Notwithstanding a maximum speed limit enumerated in this Code, no person +shall drive a vehicle upon any alley, highway, roadway, street or public +parking area at a speed greater than or less than is reasonable or +prudent under the conditions then existing, considering visibility, +amount of traffic, condition of roadway surface, presence of +pedestrians, obstruction of view and other similar facts. +.IP " 2." 4 +No person shall drive any vehicle upon a street at a speed greater than +will permit him to bring it to a stop within the assured clear distance +ahead. +.IP " 3." 4 +Except when a special hazard exists that requires lower speed for +compliance with subsection (A) of this section, the limits specified in +this chapter or established as authorized shall be maximum lawful +speeds. +No person shall drive a vehicle on a highway at a speed in excess of +such maximum limits as follows: +.RS 4 +.IP " 1." 4 +25 miles per hour on any street, except as may be posted otherwise; and +.IP " 2." 4 +25 miles per hour in any designated school zone under the following +conditions, unless a different speed limit is otherwise designated and +posted: +.RS 4 +.IP " 1." 4 +When signed with the legend \[dq]When Flashing\[dq] and flashing lights +are in operation; and +.IP " 2." 4 +When signed with the legend \[dq]When Children Are Present.\[dq] A child +shall be considered present when he is within 15 feet of the curb or +edge of the street within a school zone or near enough so that a +potential hazard exists with motorized traffic. +.RE +.RE +.IP " 4." 4 +The city manager has authority to post lower speed limits than those +presented in this chapter where special hazards exist. +.IP " 5." 4 +The fact that the speed of a vehicle is lower than the designated limits +shall not relieve the driver from the duty to decrease speed when +approaching and crossing an intersection, when approaching and going +around a curve, when approaching a hill crest, when traveling upon any +narrow winding roadway, or when a special hazard exists with respect to +pedestrians or other traffic, or by reason of weather or highway +conditions and speed shall be decreased as may be necessary to avoid +colliding with any person or vehicle or on entering the roadway in +compliance with legal requirement and the duty of all persons to use due +care and precaution. +.IP " 6." 4 +The driver of every vehicle shall, consistent with the requirements of +subsection (A) of this section, drive at an appropriate reduced speed +when approaching and crossing an intersection or railway grade crossing, +when approaching and going around a curve, when approaching a hillcrest, +when driving upon any narrow or winding roadway, and when special hazard +exists with respect to pedestrians or other traffic, or by reason of +weather or highway conditions. +.LP +(Ord. +No. +504, 2-5-1990) +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-801. +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations" -A "\c" \ + -- "Sec 15-702 Special Speed Regulations" +\& +.IP " 1." 4 +Speed limits are hereby established, except in school zones, on state +and federal highways in the city as follows, and no person shall drive a +motor vehicle at a speed in excess of such limits: +.br +.br +.RS 4 +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(23.3n) lw(23.3n) lw(23.3n). +T{ +.nr LL 23.3n +Street Name +.br +T} T{ +.nr LL 23.3n +Section +.br +T} T{ +.nr LL 23.3n +Miles Per Hour +.br +T} +T{ +.nr LL 23.3n +Janeway Street +.br +T} T{ +.nr LL 23.3n +North city limits to SW 4th +.br +T} T{ +.nr LL 23.3n +30 +T} +T{ +.nr LL 23.3n +Santa Fe +.br +T} T{ +.nr LL 23.3n +NW 12th to SW 4th +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +Santa Fe +.br +T} T{ +.nr LL 23.3n +SW 19th to south city limits +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +Telephone Road +.br +T} T{ +.nr LL 23.3n +SW 19th to SW 34th Street +.br +T} T{ +.nr LL 23.3n +45 +T} +T{ +.nr LL 23.3n +Telephone Road +.br +T} T{ +.nr LL 23.3n +SW 34th to south city limits +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +Broadway +.br +T} T{ +.nr LL 23.3n +North city limits to N 18th Street +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +Broadway +.br +T} T{ +.nr LL 23.3n +S 4th to S 19th +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +Broadway +.br +T} T{ +.nr LL 23.3n +S 19th to south city limits +.br +T} T{ +.nr LL 23.3n +45 +T} +T{ +.nr LL 23.3n +Eastern +.br +T} T{ +.nr LL 23.3n +NE 27th to SE 4th +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +Bryant +.br +T} T{ +.nr LL 23.3n +North city limits to NE 27th +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +NE 27th +.br +T} T{ +.nr LL 23.3n +Eastern to Bryant +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +N 12th +.br +T} T{ +.nr LL 23.3n +Santa Fe to Estell +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +NE 12th +.br +T} T{ +.nr LL 23.3n +Estell to Sunnylane +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +NW 5th +.br +T} T{ +.nr LL 23.3n +I-35 to Broadway +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +Main +.br +T} T{ +.nr LL 23.3n +I-35 to Broadway +.br +T} T{ +.nr LL 23.3n +30 +T} +T{ +.nr LL 23.3n +Main +.br +T} T{ +.nr LL 23.3n +Broadway to Eastern +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +SE 19th +.br +T} T{ +.nr LL 23.3n +Bryant to Sunnylane +.br +T} T{ +.nr LL 23.3n +50 +T} +T{ +.nr LL 23.3n +SE 19th +.br +T} T{ +.nr LL 23.3n +Broadway to Eastern +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +SW 34th +.br +T} T{ +.nr LL 23.3n +West city limits to I-35 +.br +T} T{ +.nr LL 23.3n +25 +T} +T{ +.nr LL 23.3n +SW 34th +.br +T} T{ +.nr LL 23.3n +Railroad to Eastern +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +SW 34th +.br +T} T{ +.nr LL 23.3n +Eastern to Broadway +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +SE 34th +.br +T} T{ +.nr LL 23.3n +Sunnylane to Sooner +.br +T} T{ +.nr LL 23.3n +40 +T} +T{ +.nr LL 23.3n +SE 34th +.br +T} T{ +.nr LL 23.3n +Sooner to east city limits +.br +T} T{ +.nr LL 23.3n +35 +T} +T{ +.nr LL 23.3n +Indian Hills +.br +T} T{ +.nr LL 23.3n +Eastern to Bryant +.br +T} T{ +.nr LL 23.3n +35 +T} +.TE +.nr LL \n[LLold] +.ad +.RE +.IP " 2." 4 +Any special speed zones inconsistent with these regulations are +expressly amended. +.LP +(Ord. +No. +540, 12-4-1990) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325063_Ordinance%20No.%20779%20(14).pdf" -A "\c" \ + -- "779(14)" +\& on 7/21/2014 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed" -A "\c" \ + -- "Sec 15-703 Minimum Speed" +\& +.LP +It is unlawful for any person to drive a motor vehicle at such slow +speed as to impede or block the normal and reasonable movement of +traffic, except when reduced speed is necessary for safe operation. +Police officers are hereby authorized to enforce this provision by +directions to drivers and in the event of willful disobedience to this +provision or refusal to comply with the direction of an officer in +accordance herewith, the continued slow operation by a driver shall be +unlawful and constitute a blocking of traffic and a violation of this +section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones" -A "\c" \ + -- "Sec 15-704 Speed Limits In Construction Zones" +\& +.LP +Where any municipal street or roadway shall be under construction, +maintenance or repair and a maximum safe, careful, and prudent speed +shall have been determined by the city manager, during the period of the +construction, maintenance, or repairs and shall have been plainly posted +at each terminus thereof and at various points as necessary along the +route thereof the determined maximum speed, no person shall drive any +vehicle upon the portion of the municipal street or roadway at a speed +in excess of the speed so determined and posted. +Violation of the posted speed limit in the repair, maintenance, or +construction zone shall result in the doubling of the appropriate fine. +For purposes of this section, the term \[dq]repair, maintenance, or +construction zone\[dq] means any location where repair, maintenance, or +construction work is actually in progress and workers present. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-804. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY" -A "\c" \ + -- "CHAPTER 15-8 RIGHT-OF-WAY" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection" -A "\c" \ + -- "Sec 15-801 Right-Of-Way At Intersection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time" -A "\c" \ + -- "Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same Time" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection" -A "\c" \ + -- "Sec 15-803 Left Turn At Intersection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets" -A "\c" \ + -- "Sec 15-804 Designation Of Through Streets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets" -A "\c" \ + -- "Sec 15-805 Signs At Through Streets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections" -A "\c" \ + -- "Sec 15-806 Determination Of Stop And Yield Intersections" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections" -A "\c" \ + -- "Sec 15-807 Vehicles Entering Stop Intersections" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection" -A "\c" \ + -- "Sec 15-808 Vehicle Entering Yield Intersection" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks" -A "\c" \ + -- "Sec 15-809 School Zones And Crosswalks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway" -A "\c" \ + -- "Sec 15-810 Emerging From Alley Or Driveway" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ + -- "Sec 15-811 Obstructing Intersection Or Crosswalk" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection" -A "\c" \ + -- "Sec 15-801 Right-Of-Way At Intersection" +\& +.IP " 1." 4 +The driver of a vehicle on a street which is not a state or federal +highway approaching an intersection with a state or federal highway +shall stop and yield the right-of-way to a vehicle which has entered the +intersection or which is so close thereto as to constitute an immediate +hazard. +.IP " 2." 4 +When two vehicles enter or approach an intersection from different +highways at approximately the same time, the driver of the vehicle on +the left shall yield the right-of-way to the vehicle on the right. +.IP " 3." 4 +The right-of-way rules declared in subsections (A) and (B) of this +section are modified at through highways and otherwise as stated in this +chapter. +.IP " 4." 4 +The driver of a vehicle approaching a \[dq]T\[dq] intersection, +traveling down the base of the \[dq]T\[dq] intersection approaching a +dead end must yield the right-of-way to all traffic. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§§ 11-401, 11-403. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time" -A "\c" \ + -- "Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same Time" +\& +.IP " 1." 4 +Where two or more vehicles face stop, slow, warning or caution signs or +signals on two or more intersecting cross streets, and are approaching +so as to enter the intersection at the same time, where each vehicle is +required to stop, the vehicle coming from the right shall have the +right-of-way. +Where each vehicle is required to slow, the vehicle coming from the +right shall have the right-of-way. +Where each vehicle is required to take caution, the vehicle coming from +the right shall have the right-of-way. +.IP " 2." 4 +The driver of a vehicle approaching an intersection shall yield the +right-of-way to a vehicle which has entered the intersection from a +different highway, provided that the driver of a vehicle on a street +which is not a state or federal highway approaching an intersection with +a state or federal highway shall stop and yield the right-of-way to a +vehicle which has entered the intersection or which is so close thereto +as to constitute an immediate hazard. +.IP " 3." 4 +Where one vehicle is required to stop and the other to slow or take +caution, the one slowing or taking caution shall have the right-of-way. +Where one vehicle is required to slow and the other to take caution, the +one required to take caution shall have the right-of-way. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection" -A "\c" \ + -- "Sec 15-803 Left Turn At Intersection" +\& +.LP +The driver of a vehicle within an intersection intending to turn to the +left shall give a signal and yield the right-of-way to any vehicle +approaching from the opposite direction which is within the intersection +or so close thereto as to constitute an immediate hazard. +However, the driver, having so yielded and having given a signal when +and as required by this chapter, may make such left turn, and the +drivers of all other vehicles approaching the intersection from the +opposite direction shall yield the right-of-way to the vehicle making +the left turn. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-402. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets" -A "\c" \ + -- "Sec 15-804 Designation Of Through Streets" +\& +.LP +The city manager, subject to direction of the council, may designate any +street or part of street as a through street. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets" -A "\c" \ + -- "Sec 15-805 Signs At Through Streets" +\& +.LP +Whenever the city manager designates and describes a through street, the +city manager shall have placed and maintained a stop sign, or if deemed +more appropriate at any intersection a yield sign, on each and every +street intersection such through street, and a heavy-traffic street not +so designated. +Stop signs shall be erected at the approaches of either of the streets +as may be determined by the manager if deemed desirable. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections" -A "\c" \ + -- "Sec 15-806 Determination Of Stop And Yield Intersections" +\& +.IP " 1." 4 +The city manager, subject to direction by the council, is authorized to +determine and designate intersections where particular hazard exists +upon other than through streets and to determine: +.RS 4 +.IP " 1." 4 +Whether vehicles shall stop at one or more entrances to any such +intersection, in which event he shall cause to be erected a stop sign at +every such place where a stop is required; or +.IP " 2." 4 +Whether vehicles shall yield the right-of-way to vehicles on a different +street at such intersection as prescribed in section 15-807, in which +event he shall cause to be erected a yield sign at every place where +obedience thereto is required. +.RE +.IP " 2." 4 +Every stop sign and every yield sign shall be erected as near as +practicable to the nearest line of the crosswalk on the near side of the +intersection or, if there is no crosswalk, then as near as practicable +to the nearest line of the intersecting roadway. +.IP " 3." 4 +Every stop sign shall bear the word \[dq]Stop\[dq] in letters not less +than eight inches in height. +Every yield sign shall bear the word \[dq]Yield\[dq] in letters not less +than seven inches in height. +Every stop sign and every yield sign shall, at nighttime, be rendered +luminous by internal illumination, or by a floodlight projected on the +face of the sign, or by efficient reflecting elements in the face of the +sign. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections" -A "\c" \ + -- "Sec 15-807 Vehicles Entering Stop Intersections" +\& +.IP " 1." 4 +Except when directed to proceed by a police officer or traffic-control +signal, every driver of a vehicle approaching a stop intersection +indicated by a stop sign shall stop before entering the crosswalk on the +near side of the intersection, or, in the event there is no crosswalk, +shall stop at a clearly marked stop line, but, if none, then at the +point nearest the intersecting roadway where the driver has a view of +approaching traffic on the intersecting roadway before entering the +intersection. +.IP " 2." 4 +Such driver, after having stopped, shall yield the right-of-way to any +vehicle which has entered the intersection from another highway or which +is approaching so closely on the highway as to constitute an immediate +hazard. +The driver having so yielded may proceed only when it is prudent and +apparently safe to do so. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-703. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection" -A "\c" \ + -- "Sec 15-808 Vehicle Entering Yield Intersection" +\& +.IP " 1." 4 +The driver of a vehicle approaching a yield sign shall in obedience to +such sign slow down to a speed reasonable for the existing conditions, +or shall stop if necessary and yield the right-of-way to any pedestrian +legally crossing the roadway on which he is driving and to any vehicle +in the intersection or approaching on another highway so closely as to +constitute an immediate hazard. +If such driver is involved in a collision with a pedestrian in a +crosswalk or a vehicle in the intersection after driving past a yield +sign, such collision shall be deemed prima facie evidence of his failure +to yield the right-of-way. +.IP " 2." 4 +The driver of a vehicle approaching a yield sign is required for safety +to stop, and shall stop before entering the crosswalk on the near side +of the intersection or, in the event there is no crosswalk, at a clearly +marked stop line, but, if none, then at the point nearest the +intersecting roadway where the driver has a view of approaching traffic +on the intersection roadway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-703. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks" -A "\c" \ + -- "Sec 15-809 School Zones And Crosswalks" +\& +.IP " 1." 4 +The city manager, subject to direction by the council, is authorized to +erect signs to designate school zones and school zone crosswalks. +.IP " 2." 4 +No person may drive a vehicle past a school sign or through a school +zone at a speed greater than that posted on school days or when children +are present, all as posted. +Drivers proceeding in a school zone shall stop and yield the +right-of-way to pedestrians in school zone crosswalks when so directed +by a school safety patrol member or when such crosswalk is occupied by +pedestrians between the hours on school days or when children are +present, all as posted. +.IP " 3." 4 +Any driver involved in a school zone crosswalk collision with a +pedestrian after failing to slow and yield the right-of-way to such +pedestrian shall be deemed prima facie in violation of this section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway" -A "\c" \ + -- "Sec 15-810 Emerging From Alley Or Driveway" +\& +.LP +The driver of a vehicle emerging from an alley, driveway or building +shall stop such vehicle immediately prior to driving onto a sidewalk or +onto the sidewalk area extending across any alleyway or driveway and +shall yield the right-of-way to any pedestrian as may be necessary to +avoid collision, and upon entering the roadway shall yield the +right-of-way to all vehicles approaching on the roadway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-704. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ + -- "Sec 15-811 Obstructing Intersection Or Crosswalk" +\& +.LP +No driver shall enter an intersection or a marked crosswalk unless there +is sufficient space on the other side of the intersection or crosswalk +to accommodate the vehicle he is operating without obstructing the +passage of other vehicles or pedestrians, notwithstanding any +traffic-control signal indication to proceed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS" -A "\c" \ + -- "CHAPTER 15-9 TURNING MOVEMENTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections" -A "\c" \ + -- "Sec 15-901 Method Of Turning Generally And At Intersections" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers" -A "\c" \ + -- "Sec 15-902 Authority To Place Turning Markers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required" -A "\c" \ + -- "Sec 15-903 Authority To Restrict Turning; Obedience Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns" -A "\c" \ + -- "Sec 15-904 Limitations On Turning, U-Turns" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required" -A "\c" \ + -- "Sec 15-905 Turning Or Stopping Movements; Signals Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required" -A "\c" \ + -- "Sec 15-906 Signals; Method Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals" -A "\c" \ + -- "Sec 15-907 Method Of Giving Hand Signals" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections" -A "\c" \ + -- "Sec 15-901 Method Of Turning Generally And At Intersections" +\& +.IP " 1." 4 +The driver of a vehicle intending to turn at an intersection shall do so +as follows: +.RS 4 +.IP " 1." 4 +\f[I]Right turns\f[R]. +Both the approach for a right turn and a right turn shall be made as +close as practicable to the right-hand curb or edge of the roadway; +.IP " 2." 4 +\f[I]Left turns on two-way roadways\f[R]. +At any intersection where traffic is permitted to move in both +directions on each roadway entering the intersection, an approach for a +left turn shall be made in that portion of the right half of the roadway +nearest the centerline thereof and by passing to the right of such +centerline where it enters the intersection; and after entering the +intersection, the left turn shall be made so as to leave the +intersection to the right of the centerline of the roadway being +entered. +Whenever practicable, the left turn shall be made in that portion of the +intersection to the left of the center of the intersection; and +.IP " 3." 4 +\f[I]Left turns on other than two-way roadways\f[R]. +At any intersection where traffic is restricted to one direction on one +or more of the roadways, the driver of a vehicle intending to turn left +at any such intersection shall approach the intersection in the extreme +left-hand lane lawfully available to traffic moving in the direction of +travel of such vehicle. +After entering the intersection, the left turn shall be made so as to +leave the intersection, as nearly as practicable, in the left-hand lane +lawfully available to traffic moving in such direction upon the roadway +being entered. +.RE +.IP " 2." 4 +No person shall turn a vehicle at an intersection unless the vehicle is +in proper position upon the roadway as required by this section, or turn +a vehicle to enter a private road or driveway, or otherwise turn a +vehicle from a direct course or move right or left upon a roadway, +unless and until such movement can be made with reasonable safety. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§§ 11-601, 11-604. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers" -A "\c" \ + -- "Sec 15-902 Authority To Place Turning Markers" +\& +.IP " 1." 4 +The city manager, subject to direction by the council, is authorized to +have placed markers, buttons or signs within or adjacent to +intersections indicating the course to be traveled by vehicles turning +at such intersections. +Such course to be traveled shall be indicated. +.IP " 2." 4 +When authorized markers, buttons or other indications are placed within +an intersection indicating the course to be traveled by vehicles turning +thereat, no driver of a vehicle shall disobey the directions of such +indications. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required" -A "\c" \ + -- "Sec 15-903 Authority To Restrict Turning; Obedience Required" +\& +.IP " 1." 4 +The city manager, subject to direction by the council, may determine +those intersections at which drivers of vehicles shall not make a right +turn, left turn or U-turn, and shall have placed proper signs at such +intersections. +The making of such turns may be prohibited between certain hours of any +day and permitted at other hours. +.IP " 2." 4 +Whenever authorized signs are erected indicating that no right turn, +left turn or U-turn is permitted, no driver of a vehicle shall disobey +the directions of any such sign. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns" -A "\c" \ + -- "Sec 15-904 Limitations On Turning, U-Turns" +\& +.IP " 1." 4 +Except as hereinafter provided, no person shall operate a vehicle so as +to turn more than 90 degrees on any street or highway. +.IP " 2." 4 +Persons excepted are those who can safely execute that turn if at an +intersection, but it is unlawful for the driver of a vehicle to make +such a turn at any intersection: +.RS 4 +.IP " 1." 4 +Where traffic-control signals are installed; +.IP " 2." 4 +Where a police officer is directing traffic, except at the latter\[aq]s +direction; or +.IP " 3." 4 +Where an official no U-turn sign has been placed and is maintained. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required" -A "\c" \ + -- "Sec 15-905 Turning Or Stopping Movements; Signals Required" +\& +.IP " 1." 4 +No person shall turn a vehicle at an intersection unless the vehicle is +in proper position upon the roadway as required by ordinance, or turn a +vehicle to enter a private road or driveway, or otherwise turn a vehicle +from a direct course or move right or left upon a roadway unless and +until such movement can be made with reasonable safety. +No person shall turn any vehicle without giving an appropriate signal in +the manner hereinafter provided in the event any other traffic may be +affected by such movement. +.IP " 2." 4 +A signal of intention to turn right or left when required shall be given +continuously during not less than the last 100 feet traveled by the +vehicle before turning. +.IP " 3." 4 +No person shall stop or suddenly decrease the speed of a vehicle without +first giving an appropriate signal in the manner provided herein to the +driver of any vehicle immediately to the rear when there is opportunity +to give such signal. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-604. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required" -A "\c" \ + -- "Sec 15-906 Signals; Method Required" +\& +.IP " 1." 4 +Any stop or turn signal, when required herein, shall be given either by +means of the hand and arm or by signal lamps, except as otherwise +provided in subsection (B) of this section. +.IP " 2." 4 +Any motor vehicle in use on a highway shall be equipped with, and +required signal shall be given by, signal lamps when the distance from +the center of the top of the steering post to the left outside limit of +the body, cab or load of such motor vehicle exceeds 24 inches, or when +the distance from the center of the top of the steering post to the rear +limit of the body or load thereof exceeds 14 feet. +The latter measurement shall apply to any single vehicle and to any +combination of vehicles. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-605. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals" -A "\c" \ + -- "Sec 15-907 Method Of Giving Hand Signals" +\& +.LP +All signals herein required given by hand and arm shall be given from +the left side of the vehicle in the following manner: +.IP " 1." 4 +\f[I]Left turn\f[R]. +Hand and arm extended horizontally; +.IP " 2." 4 +\f[I]Right turn\f[R]. +Hand and arm extended upward.; A person operating a bicycle may extend +his or her right hand and arm downward to his or her right side. +.br +A person operating a bicycle may extend his or her right hand and arm +horizontally to his or her right; and +.br +.IP " 3." 4 +\f[I]Stop or decrease speed\f[R]. +Hand and arm extended downward. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-606. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf" -A "\c" \ + -- "988(21)" +\& on 10/4/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS" -A "\c" \ + -- "CHAPTER 15-10 ONE-WAY STREETS AND ALLEYS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets" -A "\c" \ + -- "Sec 15-1001 Authority To Designate One-Way Streets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic" -A "\c" \ + -- "Sec 15-1002 One-Way Streets, Direction Of Traffic" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands" -A "\c" \ + -- "Sec 15-1003 Rotary Traffic Islands" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets" -A "\c" \ + -- "Sec 15-1001 Authority To Designate One-Way Streets" +\& +.IP " 1." 4 +The city council, by resolution, may designate any street or alley or +part thereof as a one-way street or alley. +Signs indicating the direction of lawful traffic movement shall be +placed at every intersection where movement of traffic in the opposite +direction is prohibited. +.IP " 2." 4 +The following streets are hereby designated as one-way streets: +.RS 4 +.IP " 1." 4 +I-35 service road, east, between Southwest Fourth Street and Northwest +Eighteenth Street within the city limits, northbound; +.IP " 2." 4 +I-35 service road, west, between Southwest Fourth Street and Northwest +Twelfth Street within the city limits, southbound. +.RE +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic" -A "\c" \ + -- "Sec 15-1002 One-Way Streets, Direction Of Traffic" +\& +.LP +Upon those streets and parts of streets in those alleys and parts of +alleys designated as one-way streets and alleys, vehicular traffic shall +move only in the indicated direction when signs indicating the direction +of traffic are erected and maintained at every intersection where +movement in the opposite direction is prohibited. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-308. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands" -A "\c" \ + -- "Sec 15-1003 Rotary Traffic Islands" +\& +.LP +A vehicle passing around a rotary traffic island shall be driven only to +the right of such island. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-308. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING" -A "\c" \ + -- "CHAPTER 15-11 TRUCK ROUTES AND PARKING" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment" -A "\c" \ + -- "Sec 15-1101 Truck Routes; Map Multiple Citations; Impoundment" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets" -A "\c" \ + -- "Sec 15-1102 Permits Required For Operation On Certain Streets" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions" -A "\c" \ + -- "Sec 15-1103 LPG Prohibitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law" -A "\c" \ + -- "Sec 15-1104 Compliance With State Law" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes" -A "\c" \ + -- "Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material Not To Be Left Unattended More Than 15 Minutes" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment" -A "\c" \ + -- "Sec 15-1101 Truck Routes; Map Multiple Citations; Impoundment" +\& +.IP " 1." 4 +The council, by motion or resolution, may prescribe routes through the +city for the use of trucks in general or trucks of particular kinds or +other vehicles which are not ordinary private passenger vehicles passing +through the city. +The city shall see that appropriate and adequate signs are placed along +such routes so that drivers of such vehicles may follow the routes. +.IP " 2." 4 +When such signs are so erected and in place, the driver of a truck or +other vehicle for which a route has been prescribed as provided herein, +while passing through the city, shall keep on such route and shall not +deviate therefrom except in case of emergency. +Drivers of such vehicles shall follow such routes so far as practicable +also when driving within the city and not merely through the city. +.IP " 3." 4 +The city clerk shall keep and maintain accurate maps setting out the +truck routes designated by the city. +.IP " 4." 4 +Any truck which has been involved in two or more driving or parking +violations for which citations have been issued and not paid as required +shall be subject to impoundment upon the issuance of the third citation. +The enforcing officer shall make all reasonable efforts to contact the +owner or operator before impoundment. +The costs of impoundment shall be paid by the owner before any impounded +truck is released. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets" -A "\c" \ + -- "Sec 15-1102 Permits Required For Operation On Certain Streets" +\& +.IP " 1." 4 +No person, except in case of emergency, shall drive or operate a bus or +truck larger than a 1½-ton truck upon any minor or collector street +without a permit issued by the city. +.IP " 2." 4 +The city clerk shall issue a permit as provided herein upon application +and approval by the city manager or his designee. +A fee shall be charged and collected for such permit which shall state +the time and street upon which the vehicle is to be operated. +A permit is valid only for the date and time issued. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions" -A "\c" \ + -- "Sec 15-1103 LPG Prohibitions" +\& +.IP " 1." 4 +It is unlawful for any person to drive a liquefied petroleum or +hazardous material truck, whether empty or loaded, in the city. +Liquefied petroleum or hazardous material trucks may be driven on +through streets as designated by the city, but may not be parked for any +purpose on any public street in the city. +No truck, trailer, storage building or any other structure containing +hazardous materials in bottles, buckets, barrels or any other container +may be parked for any purpose on a public street in the city. +Such hazardous materials may be removed at the expense of the owner, by +the city manager or designee, to storage in a proper location until the +city judge shall direct that such hazardous materials he returned to the +rightful owner or otherwise disposed of as provided by law. +.IP " 2." 4 +For the purpose of this section, the following streets are hereby +designated as through streets: North 27th Street, North 12th Street, +South 4th Street, South 19th Street, South 34th Street, Sunnylane, +Bryant, Eastern, Broadway, South Telephone south of Southwest 4th +Street, Santa Fe, Interstate 35, North Moore or Shields north of +Northwest 27th Street, and others as may be designated. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law" -A "\c" \ + -- "Sec 15-1104 Compliance With State Law" +\& +.LP +All persons owning liquefied petroleum gas or hazardous material trucks +shall comply with all state laws, the city liquefied petroleum gas +regulations, and have in force adequate public liability and property +damage insurance. +.PP +(Prior Code, § 9-82) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes" -A "\c" \ + -- "Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material Not To Be Left Unattended More Than 15 Minutes" +\& +.LP +It is unlawful for any person to park a truck or vehicle transporting +explosives, gasoline or other flammable liquids, combustible liquids or +hazardous materials and to leave the same unattended within the city. +Such truck or vehicle may be left parked within an agricultural district +or may be parked unattended on any street or alley only for an emergency +and then only for a period of time not to exceed 15 minutes. +Such a truck shall in no way obstruct traffic using the street or alley. +.PP +(Prior Code, § 9-62) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES" -A "\c" \ + -- "CHAPTER 15-12 LOADING ZONES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones" -A "\c" \ + -- "Sec 15-1201 Authority To Designate Curb Loading Zones" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted" -A "\c" \ + -- "Sec 15-1202 Parking Or Standing In Passenger Loading Zones Restricted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones" -A "\c" \ + -- "Sec 15-1203 Standing Or Parking In Freight Loading Zones" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading" -A "\c" \ + -- "Sec 15-1204 Permit To Back To Curb For Loading Or Unloading" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones" -A "\c" \ + -- "Sec 15-1201 Authority To Designate Curb Loading Zones" +\& +.LP +The city manager, subject to direction of the council, may determine the +location of passenger and freight curb loading zones, and shall have +placed and maintained appropriate signs indicating the same and stating +the hours during which the provisions of this section are applicable. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted" -A "\c" \ + -- "Sec 15-1202 Parking Or Standing In Passenger Loading Zones Restricted" +\& +.LP +No person shall stop, stand or park a vehicle for any purpose or period +of time other than for the expeditious loading or unloading of +passengers in any place marked as a passenger curb loading zone during +hours when the regulations applicable to such curb loading zone are +effective, and then only for period not to exceed three minutes. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones" -A "\c" \ + -- "Sec 15-1203 Standing Or Parking In Freight Loading Zones" +\& +.IP " 1." 4 +No person shall stop, stand or park a vehicle for any purpose or length +of time other than for the expeditious unloading and delivery or pickup +and loading of materials in any place marked as a freight curb loading +zone during hours when the provisions applicable to such zones are in +effect. +In no case shall the stop for loading or unloading of materials exceed +30 minutes. +.IP " 2." 4 +The driver of a passenger vehicle may stop temporarily at a place marked +as a freight curb loading zone for the purpose of and while actually +engaged in loading or unloading passengers when such stopping does not +interfere with any motor vehicle used for the transportation of +materials which is waiting to enter or about to enter such zone. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading" -A "\c" \ + -- "Sec 15-1204 Permit To Back To Curb For Loading Or Unloading" +\& +.IP " 1." 4 +The city manager is authorized to issue special permits to permit the +backing of a vehicle to the curb for the purpose of loading or unloading +merchandise or materials subject to the terms and conditions of such +permit. +Such permits may be issued either to the owner or lessee of real +property or to the owner of the vehicle and shall grant to such person +the privilege as therein stated and authorized herein. +The traffic engineer may revoke such permits at any time. +.IP " 2." 4 +It is unlawful for any permittee or other person to violate any of the +special terms or conditions of any permit issued under this section. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS" -A "\c" \ + -- "CHAPTER 15-13 PUBLIC CARRIER STOPS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops" -A "\c" \ + -- "Sec 15-1301 Authority To Designate Public Carrier Stops" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions" -A "\c" \ + -- "Sec 15-1302 Bus Stops, Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers" -A "\c" \ + -- "Sec 15-1303 Taxi Stands, Loading Passengers" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands" -A "\c" \ + -- "Sec 15-1304 Restricted Use Of Bus And Taxicab Stands" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops" -A "\c" \ + -- "Sec 15-1301 Authority To Designate Public Carrier Stops" +\& +.LP +The city manager, subject to direction of the council, may establish bus +stops, stands, taxicab stands and stands for other passenger common +carrier motor vehicles on such public streets in such places and in such +manner as it determines to be of the greatest benefit and convenience to +the public. +Every such bus stop, bus stand, taxicab stand or other stand shall be +designated by appropriate signs. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions" -A "\c" \ + -- "Sec 15-1302 Bus Stops, Restrictions" +\& +.IP " 1." 4 +The operator of a bus shall not stand or park such vehicle upon any +street at any place other than a bus stand. +.IP " 2." 4 +The operator of a bus shall not stop such vehicle upon any street at any +place for the purpose of loading or unloading passengers or their +baggage other than at a bus stop, bus stand or passenger loading zone so +designated, except in case of an emergency. +.IP " 3." 4 +The operator of a bus shall enter a bus stop, bus stand or passenger +loading zone on a public street in such a manner that the bus, when +stopped to load or unload passengers or baggage, shall be in a position +with the right front wheel of such vehicle not further than 18 inches +from the curb and the bus approximately parallel to the curb so as not +to unduly impede the movement of other vehicular traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers" -A "\c" \ + -- "Sec 15-1303 Taxi Stands, Loading Passengers" +\& +.LP +The operator of a taxicab shall not stand or park such vehicle upon any +street or any place other than in a taxicab stand so designated. +This section shall not prevent the operator of a taxicab from +temporarily stopping in accordance with other stopping or parking +regulations at any place for the purpose of and while actually engaged +in the expeditious loading or unloading of passengers. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands" -A "\c" \ + -- "Sec 15-1304 Restricted Use Of Bus And Taxicab Stands" +\& +.LP +No person shall stop, stand or park a vehicle other than a bus in a bus +stop, or other than a taxicab in a taxicab stand, when any such stop or +stand has been officially designated and appropriately signed; except +that the driver of a passenger vehicle may temporarily stop therein for +the purpose of and while actually engaged in loading or unloading +passengers when such stopping does not interfere with any bus or taxicab +waiting to enter such zone. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS" -A "\c" \ + -- "CHAPTER 15-14 ACCIDENTS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury" -A "\c" \ + -- "Sec 15-1401 Accidents Involving Death Or Personal Injury" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property" -A "\c" \ + -- "Sec 15-1402 Accidents Involving Damage To Property" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid" -A "\c" \ + -- "Sec 15-1403 Duty To Give Information And Render Aid" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle" -A "\c" \ + -- "Sec 15-1404 Duty Upon Striking Unattended Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway" -A "\c" \ + -- "Sec 15-1405 Duty Upon Striking Fixtures Upon A Highway" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident" -A "\c" \ + -- "Sec 15-1406 Immediate Notice Of Accident" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report" -A "\c" \ + -- "Sec 15-1407 When Driver Unable To Report" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury" -A "\c" \ + -- "Sec 15-1401 Accidents Involving Death Or Personal Injury" +\& +.LP +The driver of any vehicle involved in an accident resulting in injury to +or death of any person shall immediately stop such vehicle at the scene +of such accident or as close thereto as possible but shall then +forthwith return to and in every event shall remain at the scene of the +accident until he has fulfilled the requirements of section 15-1403. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property" -A "\c" \ + -- "Sec 15-1402 Accidents Involving Damage To Property" +\& +.IP " 1." 4 +The driver of any vehicle involved in an accident resulting only in +apparent damage to property shall immediately stop such vehicle at the +scene of such accident or as close thereto as possible. +The driver shall remain at the scene of such accident until he has +fulfilled the requirements of section 15-1403. +Every such stop shall be made without obstructing traffic more than is +necessary. +Any person failing to stop or comply with the requirements under such +circumstances shall be guilty of a misdemeanor. +.IP " 2." 4 +If the damage resulting from such accident is to the property of the +driver only, with no damage to the person or property of another, the +driver need not stop at the scene of the accident but shall make report +of the damage resulting. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid" -A "\c" \ + -- "Sec 15-1403 Duty To Give Information And Render Aid" +\& +.LP +The driver of any vehicle involved in an accident resulting in injury to +or death of any person or damage to any vehicle which is driven or +attended by any person shall give his correct name, address and +registration number of the vehicle he is driving, and shall, upon +request and if available, exhibit his driver\[aq]s license and his +security verification form, as defined in this Code, to the person +struck or the driver or occupant of or person attending any vehicle +collided with, and shall render to any person injured in such accident +reasonable assistance, including the carrying, or the making of +arrangements for the carrying, of such person to a physician, surgeon or +hospital for medical or surgical treatment if it is apparent that such +treatment is necessary or if such carrying is requested by the injured +person. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 10-104. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle" -A "\c" \ + -- "Sec 15-1404 Duty Upon Striking Unattended Vehicle" +\& +.LP +The driver of any vehicle which collides with any vehicle which is +unattended shall immediately stop and shall then and there either locate +and notify the operator or owner of such vehicle of the correct name and +address of the driver and owner of the vehicle striking the unattended +vehicle, and provide the operator or owner with information from his +security verification form, as defined in this Code, or shall leave in a +conspicuous place in the vehicle struck a written notice giving the name +and address of the driver and of the owner of the vehicle doing the +striking, and providing information from his security verification form, +as defined by this Code, and a statement of the circumstances thereof. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 10-105. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway" -A "\c" \ + -- "Sec 15-1405 Duty Upon Striking Fixtures Upon A Highway" +\& +.LP +The driver of any vehicle involved in an accident resulting only in +damage to fixtures or other property legally upon or adjacent to a +highway shall take reasonable steps to locate and notify the owner or +person in charge of such property of such fact and of his name and +address and of the registration number of the vehicle he is driving and +shall, upon request and if available, exhibit his driver\[aq]s license +and his security verification form, as defined in this Code, and shall +make report of such accident when and as required in section 15-1407. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 10-106. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident" -A "\c" \ + -- "Sec 15-1406 Immediate Notice Of Accident" +\& +.LP +The driver of a vehicle involved in any accident shall immediately, by +the quickest means of communication, give notice of such accident to the +police department, on forms provided by the police department, after +complying with the requirements of section 15-1403. +A report shall be made on forms provided by the department. +Where personal injury or death occurs, the driver of the vehicle shall +remain at the scene of the accident until police officers arrive, except +in cases of personal injury requiring immediate attention. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 10-107. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report" -A "\c" \ + -- "Sec 15-1407 When Driver Unable To Report" +\& +.IP " 1." 4 +An accident report is not required under this chapter from any person +who is physically incapable of making report during the period of such +incapacity. +.IP " 2." 4 +Whenever the driver of a vehicle is physically incapable of giving an +immediate notice of an accident as required in section 15-1406 and there +was another occupant in the vehicle at the time of the accident capable +of doing so, such occupant shall make or cause to be given the notice +not given by the driver. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 10-111. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES" -A "\c" \ + -- "CHAPTER 15-15 MOTORCYCLES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle" -A "\c" \ + -- "Sec 15-1501 Operation Of Motorcycle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required" -A "\c" \ + -- "Sec 15-1502 Equipment Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required" -A "\c" \ + -- "Sec 15-1503 Headgear Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required" -A "\c" \ + -- "Sec 15-1504 License Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations" -A "\c" \ + -- "Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On Operations" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle" -A "\c" \ + -- "Sec 15-1501 Operation Of Motorcycle" +\& +.IP " 1." 4 +No person shall operate a motorcycle or motor-driven cycle, including a +motor scooter or motor-driven bicycle, on a street in the city during a +time when state law prohibits the operation of such vehicle. +.IP " 2." 4 +No driver of a three-wheel motor vehicle or motor driven bicycle shall +carry any other person on, upon or within such vehicle on any street in +the city, except as hereinafter provided. +If any two-or three-wheel motor vehicle with a wheel diameter of 12 +inches or greater or any bicycle shall have either a double seating +device with double foot rests or a side car attachment providing a +separate seat space within such side car attachment for each person +riding therein so that such person shall be seated entirely within the +body of the side car, it shall be permissible for an operator who has +attained the age of 16 or older to carry a passenger. +A demonstration ride by a licensed dealer or his employee is excepted +from the provisions hereof. +.IP " 3." 4 +No motorcycle or motor scooter shall be ridden upon any sidewalk. +.IP " 4." 4 +Handlebars on motorcycles and motor scooters shall not exceed 12 inches +in height, measured from the crown or point of attachment. +.IP " 5." 4 +No rider of a motorcycle or motor scooter shall hold to any moving +vehicle for the purpose of being propelled. +.IP " 6." 4 +No driver of a motorcycle, motor scooter or bicycle shall pass other +vehicles between lanes of traffic traveling in the same direction, +authorized emergency vehicles excepted. +.IP " 7." 4 +No person shall operate any motorcycle or any motor scooter at a speed +greater than the speed limit legally posted. +In no event nor at any time may an operator under the age of 16 years +operate a motorcycle or motor scooter at a speed greater than 35 miles +per hour. +.IP " 8." 4 +A person operating a motorcycle or motor-driven cycle shall ride only on +the permanent and regular seat attached thereto. +.LP +\f[B]State Law reference\f[R]\[em] Restriction on transporting others by +motorcycles, motorized scooters, etc., 47 O.S. +§ 11-1103; speed limitation on motorcycles, motorized scooters, etc., 47 +O.S. +§ 11-805. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required" -A "\c" \ + -- "Sec 15-1502 Equipment Required" +\& +.LP +The following equipment shall be required on all motorcycles and all +motor scooters except when attached on actual trail rides conducted +outside of public streets, roads and highways: +.IP " 1." 4 +\f[I]Rear-view mirrors\f[R]. +All vehicles covered under this chapter shall be equipped with two +mirrors, containing a reflection surface of not less than three inches +in diameter, mounted one on each side of the vehicle and positioned so +as to enable the operator to clearly view the roadway for a distance of +200 feet to the rear of his vehicle; +.IP " 2." 4 +\f[I]Windshield\f[R]. +All vehicles covered under this section shall be equipped with a +windshield of sufficient quality, size and thickness to protect the +operator from foreign objects, except that in lieu of such windshield +the operator shall wear goggles or face shield of material and design to +protect him from foreign objects; +.IP " 3." 4 +\f[I]Brakes\f[R]. +All vehicles covered under this chapter shall be equipped with brakes +adequate to control the movement of same to stop and hold such vehicles, +including two separate means of applying the brakes, one of which is +effective to apply the brakes to the front wheel and one of which is +effective to apply the brakes to the rear wheels. +All such vehicles shall be equipped with a stop lamp on the rear of the +vehicle which shall display a red or amber light, or any shade of color +between red and amber, visible from a distance of not less than 100 feet +to the rear in normal sunlight, and which shall be actuated upon +application of the service brake; +.IP " 4." 4 +\f[I]Speedometer\f[R]. +All vehicles covered under this chapter shall be equipped with a +properly operating speedometer capable of registering at least the +maximum legal speed limit for the vehicle; +.IP " 5." 4 +\f[I]Fender\f[R]. +All vehicles covered under this chapter shall be equipped with a fender +over each wheel. +All fenders shall be of the type provided by the manufacturer; +.IP " 6." 4 +\f[I]Lights\f[R]. +All vehicles covered under this chapter shall carry at least one lighted +head lamp capable of showing a white light visible at least 300 feet in +the direction in which the same are proceeding, and one tail lamp +mounted in the rear which, when lighted, shall omit a red light plainly +visible from at least 300 feet to the rear; and such lights required by +this chapter shall be burning whenever such vehicles are in motion +during the period from one-half hour after sunset and one-half hour +before sunrise and at any other time when, due to insufficient light or +unfavorable atmospheric conditions, persons and vehicles on the streets +are not clearly discernible at a distance of at least 500 feet ahead; +.IP " 7." 4 +\f[I]Red reflectors\f[R]. +All vehicles covered under this chapter shall carry on the rear thereof, +either as a part of the tail light or separately, at least one red +reflector which shall be of such size and characteristics as to be +visible at night from all distances within 350 feet to 100 feet from the +vehicle when directly in front of lawful upper beams of headlights on +motor vehicles; +.IP " 8." 4 +\f[I]Muffler\f[R]. +No person shall operate a vehicle covered under this section with an +exhaust system modified so that motor noise is increased greater than +that of the original muffler equipment provided by the manufacturer of +the vehicle. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 12-601 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required" -A "\c" \ + -- "Sec 15-1503 Headgear Required" +\& +.LP +No person under 18 years of age shall operate or ride upon any +motorcycle unless such person is properly wearing a crash helmet of a +type which complies with standards established by 49 CFR 571.218. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 12-609(B). +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required" -A "\c" \ + -- "Sec 15-1504 License Required" +\& +.LP +All operators of motorcycle or motor-driven cycle shall have a current, +valid license issued by the state and conform to any specific +restriction contained thereon. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations" -A "\c" \ + -- "Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On Operations" +\& +.LP +It is unlawful for any person to operate within the city limits a +minibike, trail bike or dirt bike within 300 feet of a residential +dwelling. +However, minibikes used by regularly organized units of any Shrine +Temple shall be exempt from the provisions of this section while being +used in any parade or other function of such body. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES" -A "\c" \ + -- "CHAPTER 15-16 BICYCLES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty" -A "\c" \ + -- "Sec 15-1601 Effects Of Regulations, Parent\[aq]s Duty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws" -A "\c" \ + -- "Sec 15-1602 Applicability Of Traffic Laws" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-1603 Obedience To Traffic-Control Devices" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle" -A "\c" \ + -- "Sec 15-1604 Manner Of Riding Bicycle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths" -A "\c" \ + -- "Sec 15-1605 Riding On Roads And Bicycle Paths" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions" -A "\c" \ + -- "Sec 15-1606 Speed Restrictions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles" -A "\c" \ + -- "Sec 15-1607 Carrying Articles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking" -A "\c" \ + -- "Sec 15-1608 Parking" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited" -A "\c" \ + -- "Sec 15-1609 Riding On Sidewalk Prohibited" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes" -A "\c" \ + -- "Sec 15-1610 Lights And Brakes" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle" -A "\c" \ + -- "Sec 15-1611 Rider Not To Cling To Other Vehicle" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building" -A "\c" \ + -- "Sec 15-1612 Emerging From Alley, Driveway Or Building" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report" -A "\c" \ + -- "Sec 15-1613 Dealers To Report" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty" -A "\c" \ + -- "Sec 15-1614 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty" -A "\c" \ + -- "Sec 15-1601 Effects Of Regulations, Parent\[aq]s Duty" +\& +.IP " 1." 4 +The parent of any child and the guardian of any ward shall not authorize +or knowingly permit any child or ward to violate any of the provisions +of this chapter. +.IP " 2." 4 +These regulations applicable to bicycles shall apply whenever a bicycle +is operated upon any highway or upon any path set aside for the +exclusive use of bicycles, subject to the exceptions stated herein. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1201. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws" -A "\c" \ + -- "Sec 15-1602 Applicability Of Traffic Laws" +\& +.LP +Every person riding a bicycle upon a roadway shall be granted all of the +rights and shall be subject to all of the duties applicable to the +driver of a vehicle by the laws of the state declaring rules and or road +applicable to the driver of a vehicle, except as to special regulations +in this chapter and except as to those provisions of laws and ordinances +which by their nature can have no application. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1202. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices" -A "\c" \ + -- "Sec 15-1603 Obedience To Traffic-Control Devices" +\& +.IP " 1." 4 +Any person operating a bicycle shall obey the instructions of official +traffic-control signals, signs and other control devices applicable to +vehicles, unless otherwise directed by a police officer,or permitted +under this section. +.IP " 2." 4 +A person operating a bicycle approaching a stop sign shall: +.RS 4 +.IP " 1." 4 +Slow down, +.IP " 2." 4 +If required to avoid an immediate hazard, stop at the stop sign before +entering the intersection, +.IP " 3." 4 +Cautiously enter the intersection and yield the right-of-way to +pedestrians lawfully within an adjacent crosswalk and to other traffic +lawfully using the intersection, +.IP " 4." 4 +If the person operating a bicycle determines there is no immediate +hazard, he or she may cautiously make a right or left turn, or proceed +through the intersection without stopping at the stop sign. +.RE +.IP " 3." 4 +A person operating a bicycle approaching a steady red traffic-control +signal shall: +.RS 4 +.IP " 1." 4 +Make a complete stop at the steady red traffic-control signal before +entering the intersection, and +.IP " 2." 4 +Yield the right of way to all oncoming traffic that constitutes an +immediate hazard during the time that he or she is moving across or +within the intersection. +.IP " 3." 4 +If a person operating a bicycle determines there is no immediate hazard, +he or she may proceed through the steady red traffic-control signal with +caution. +.IP " 4." 4 +A person operating a bicycle may make a right-hand turn at a steady red +traffic-control signal without stopping after slowing to a reasonable +speed and yielding the right-of-way, if required, to oncoming traffic +that constitutes an immediate hazard, or +.IP " 5." 4 +Left-hand turn onto a one-way street at a steady red traffic-control +signal after stopping and yielding to oncoming traffic that constitutes +an immediate hazard. +.RE +.IP " 4." 4 +Whenever authorized signs are erected indicating that no right turn, +left turn or U-turn is permitted, no person operating a bicycle shall +disobey the direction of any such sign except where such person +dismounts from the bicycle to make such turn, in which event such person +shall then obey the regulations applicable to pedestrians. +.br +.LP +.br +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf" -A "\c" \ + -- "988(21)" +\& on 10/4/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle" -A "\c" \ + -- "Sec 15-1604 Manner Of Riding Bicycle" +\& +.IP " 1." 4 +A person propelling a bicycle shall not ride other than astride a +permanent and regular seat attached thereto. +.IP " 2." 4 +No bicycle shall be used to carry more persons at one time than the +number for which it is designed and equipped. +.IP " 3." 4 +A person shall ride a bicycle only in the manner in which it is designed +and equipped to carry the person. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1203. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths" -A "\c" \ + -- "Sec 15-1605 Riding On Roads And Bicycle Paths" +\& +.IP " 1." 4 +Every person operating a bicycle or motorized scooter upon a roadway at +less than the normal speed of traffic at the time and place and under +the conditions then existing shall ride as close as is safe to the +right-hand curb or edge of the roadway, except under any of the +following situations: +.RS 4 +.IP " 1." 4 +When overtaking and passing another vehicle proceeding in the same +direction; +.IP " 2." 4 +When preparing for a left turn at an intersection or into a private road +or driveway; +.IP " 3." 4 +When reasonably necessary to avoid conditions and while exercising due +care, including, but not limited to: +.RS 4 +.IP " 1." 4 +Fixed or moving objects; +.IP " 2." 4 +Parked or moving vehicles; +.IP " 3." 4 +Pedestrians or animals; +.IP " 4." 4 +Surface hazards; or +.IP " 5." 4 +Any time it is unsafe to continue along the right-hand curb or edge of +the roadway; and +.RE +.IP " 4." 4 +When riding in the right-turn-only lane. +.RE +.IP " 2." 4 +Any person riding a bicycle or motorized scooter upon a one-way street +or highway with two or more marked lanes of travel may ride as close as +is safe to the left-hand curb or edge of the street or highway. +.IP " 3." 4 +No person operating a bicycle or motorized scooter shall pass other +vehicles between lanes of traffic traveling in the same direction. +.IP " 4." 4 +Persons riding bicycles or motorized scooters upon a roadway shall not +ride more than two abreast except on paths or parts of roadways set +aside for the exclusive use of bicycles or motorized scooters. +Persons riding two abreast shall not impede the normal and reasonable +flow of traffic and, on a laned roadway, shall ride within a single +lane. +.IP " 5." 4 +Wherever a usable path for bicycles has been provided adjacent to a +roadway, bicycle riders shall use such path and shall not use the +roadway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1205. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions" -A "\c" \ + -- "Sec 15-1606 Speed Restrictions" +\& +.LP +No person shall operate a bicycle at a speed greater than is reasonable +and prudent under the conditions then existing. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles" -A "\c" \ + -- "Sec 15-1607 Carrying Articles" +\& +.LP +No person operating a bicycle shall carry any package, bundle or article +which prevents the rider from keeping at least one hand upon the +handlebars. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking" -A "\c" \ + -- "Sec 15-1608 Parking" +\& +.LP +No person shall park a bicycle upon a street other than upon the roadway +against the curb or upon the sidewalk in a rack to support the bicycle +or against a building or at the curb, in such manner as to afford the +least obstruction to pedestrian traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited" -A "\c" \ + -- "Sec 15-1609 Riding On Sidewalk Prohibited" +\& +.IP " 1." 4 +No person shall ride a bicycle upon a sidewalk in the business district. +.IP " 2." 4 +Whenever a person is riding a bicycle upon a sidewalk, such person shall +yield the right-of-way to any pedestrian and shall give audible signal +before overtaking and passing the pedestrian. +.IP " 3." 4 +The city manager may erect signs on any sidewalk or roadway prohibiting +the riding of bicycles thereon. +When such signs are in place, no person shall disobey them. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes" -A "\c" \ + -- "Sec 15-1610 Lights And Brakes" +\& +.IP " 1." 4 +Every bicycle in use at the times described in 47 O.S. +§ 12-201(B) shall be equipped with a lamp on the front emitting a white +light visible from a distance of at least 1,000 feet to the front. +This subsection shall not apply to a street or highway with a speed +limit of 25 miles per hour or less. +.IP " 2." 4 +Every bicycle in use at the times described in 47 O.S. +§ 12-201(B) shall be equipped with a lamp on the rear emitting a red +light visible from a distance of at least 1,000 feet to the rear. +This subsection shall not apply to a street or highway with a speed +limit of 25 miles per hour or less. +.IP " 3." 4 +Every bicycle shall be equipped with a red reflector which shall be +visible for 600 feet to the rear when directly in front of lawful lower +beams of headlamps on a motor vehicle. +.IP " 4." 4 +Every bicycle when in use at the times described in 47 O.S. +§ 12-201(B) shall be equipped with reflective material of sufficient +size and reflectivity to be visible from both sides for 600 feet when +directly in front of lawful lower beams of headlamps on a motor vehicle. +.IP " 5." 4 +A bicycle or its rider may be equipped with lights or reflectors in +addition to those required by the foregoing sections, provided such +lights or reflectors shall comply with the provisions and limitations of +47 O.S. +ch. +12, art. +II (47 O.S. +§ 12-201 et seq.). +.IP " 6." 4 +Every bicycle shall be equipped with a brakes which will enable its +driver to stop the bicycle within 25 feet from a speed of ten miles per +hour on dry, level, clean pavement. +.IP " 7." 4 +A bicycle shall not be equipped with, nor shall any person use upon a +bicycle, any siren. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§§ 12-702\[em]12-709. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle" -A "\c" \ + -- "Sec 15-1611 Rider Not To Cling To Other Vehicle" +\& +.LP +No person riding upon any bicycle shall attach the same or himself to +any vehicle upon a roadway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-1204. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building" -A "\c" \ + -- "Sec 15-1612 Emerging From Alley, Driveway Or Building" +\& +.LP +The operator of a bicycle emerging from an alley, driveway or building +shall, upon approaching a sidewalk or the sidewalk area extending across +any alleyway, yield the right-of-way to all pedestrians approaching on +the sidewalk or sidewalk area, and upon entering the roadway shall yield +the right-of-way to all vehicles approaching on the roadway. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report" -A "\c" \ + -- "Sec 15-1613 Dealers To Report" +\& +.LP +Every person engaged in the business of buying or selling new or used +bicycles shall make a report to the police department of every bicycle +purchased or sold by such dealer, giving the name and address of the +person from whom purchased or to whom sold, the name or make, the frame +number thereof and the number of the license plate thereon, if any. +Dealers buying a bicycle shall not be required to secure a license +therefor, but may leave any existing license plate, if any, thereon +until the bicycle is sold. +A person purchasing a bicycle from a dealer for use shall secure a +license as provided in this chapter. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty" -A "\c" \ + -- "Sec 15-1614 Penalty" +\& +.LP +Every person convicted of a violation of any provision of this chapter +shall be punished as provided in section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS" -A "\c" \ + -- "CHAPTER 15-17 PEDESTRIANS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals" -A "\c" \ + -- "Sec 15-1701 Subject To Traffic-Control Signals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair" -A "\c" \ + -- "Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or Motorized Wheelchair" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks" -A "\c" \ + -- "Sec 15-1703 Right-Of-Way At Crosswalks" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk" -A "\c" \ + -- "Sec 15-1704 Pedestrians To Use Right Half Of Crosswalk" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles" -A "\c" \ + -- "Sec 15-1705 Crossing At Right Angles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield" -A "\c" \ + -- "Sec 15-1706 When Pedestrians Shall Yield" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing" -A "\c" \ + -- "Sec 15-1707 Prohibited Crossing" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals" -A "\c" \ + -- "Sec 15-1708 Obedience To Railroad Signals" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway" -A "\c" \ + -- "Sec 15-1709 Walking Along Roadway" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business" -A "\c" \ + -- "Sec 15-1710 Hitchhiking; Soliciting Business" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care" -A "\c" \ + -- "Sec 15-1711 Drivers To Exercise Care" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians" -A "\c" \ + -- "Sec 15-1712 Use Of White Cane; Special Provisions For Blind Pedestrians" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals" -A "\c" \ + -- "Sec 15-1701 Subject To Traffic-Control Signals" +\& +.LP +Pedestrians shall be subject to traffic-control signals as declared in +this part. +At all other places, pedestrians shall be granted those rights and be +subject to the restrictions stated in this chapter. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-501. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair" -A "\c" \ + -- "Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or Motorized Wheelchair" +\& +.LP +Every person operating a wheelchair or a motorized wheelchair shall have +all of the rights and all of the duties applicable to a pedestrian +contained in this chapter except those provisions which by their nature +can have no application. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-501.1. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks" -A "\c" \ + -- "Sec 15-1703 Right-Of-Way At Crosswalks" +\& +.IP " 1." 4 +When traffic-control signals are not in place or not in operation, the +driver of a vehicle shall yield the right-of-way, slowing down or +stopping if need be to so yield, to a pedestrian crossing the roadway +within a crosswalk when the pedestrian is upon the half of the roadway +upon which the vehicle is traveling, or when the pedestrian is +approaching so closely from the opposite half of the roadway as to be in +danger. +.IP " 2." 4 +No pedestrian shall suddenly leave a curb or other place of safety and +walk or run into the path of a vehicle which is so close that it is +impossible for the driver to yield. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-502. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk" -A "\c" \ + -- "Sec 15-1704 Pedestrians To Use Right Half Of Crosswalk" +\& +.LP +Pedestrians shall move, whenever practicable, upon the right half of +crosswalks. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-505. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles" -A "\c" \ + -- "Sec 15-1705 Crossing At Right Angles" +\& +.LP +No pedestrian shall cross a roadway at any place other than by route at +right angles to the curb or by the shortest route to the opposite curb +except in a crosswalk. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield" -A "\c" \ + -- "Sec 15-1706 When Pedestrians Shall Yield" +\& +.IP " 1." 4 +Every pedestrian crossing a roadway at any point other than within a +marked crosswalk or within an intersection shall yield the right-of-way +to all vehicles upon the roadway. +.IP " 2." 4 +Any pedestrian crossing a roadway at a point where a pedestrian tunnel +or overhead pedestrian crossing has been provided shall yield the +right-of-way to all vehicles upon the roadway. +.IP " 3." 4 +This section shall not apply under the conditions stated in section +15-1707 when pedestrians are prohibited from crossing at certain +designated places. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-503. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing" -A "\c" \ + -- "Sec 15-1707 Prohibited Crossing" +\& +.LP +Between adjacent intersections at which traffic-control signals are in +operation, pedestrians shall not cross at any place except in a +crosswalk. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals" -A "\c" \ + -- "Sec 15-1708 Obedience To Railroad Signals" +\& +.LP +No pedestrian shall pass through, around, over or under any crossing +gate or barrier at a railroad grade crossing while such gate or barrier +is closed or is being opened or closed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway" -A "\c" \ + -- "Sec 15-1709 Walking Along Roadway" +\& +.IP " 1." 4 +Where sidewalks are provided, no pedestrian shall walk along and upon an +adjacent roadway. +.IP " 2." 4 +Where sidewalks are not provided, any pedestrian walking along and upon +a highway shall, when practicable, walk only on the left side of the +roadway or its shoulder facing traffic which may approach from the +opposite direction and shall yield to approaching vehicles. +.IP " 3." 4 +It shall be unlawful for any person to enter upon any portion of a +bridge for the purpose of diving or jumping therefrom into a lake, river +or stream for recreation, and it shall be unlawful for a pedestrian to +use a bridge where sidewalks are not provided for the purpose of +standing or sightseeing. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-506. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business" -A "\c" \ + -- "Sec 15-1710 Hitchhiking; Soliciting Business" +\& +.IP " 1." 4 +No person shall stand in a roadway for the purpose of soliciting a ride, +donation, employment or business from the occupant of any vehicle. +.IP " 2." 4 +No person shall stand on or in proximity to a street or highway for the +purpose of soliciting the watching or guarding of any vehicle while +parked or about to be parked on a street or highway. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-507. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care" -A "\c" \ + -- "Sec 15-1711 Drivers To Exercise Care" +\& +.LP +Notwithstanding the provisions of this chapter, every driver of a +vehicle shall exercise due care to avoid colliding with any pedestrian +upon any roadway, shall give warning by sounding the horn when necessary +and shall exercise proper precaution upon observing any child or any +confused or incapacitated person upon a roadway. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-504. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians" -A "\c" \ + -- "Sec 15-1712 Use Of White Cane; Special Provisions For Blind Pedestrians" +\& +.IP " 1." 4 +It is unlawful for any person not wholly or partially blind to carry or +use upon the streets, highways or public places of the city any cane or +walking stick which is white in color or red tipped. +.IP " 2." 4 +Any driver of a vehicle who knowingly approaches within 15 feet of a +person who is in the roadway or at an intersection and who is wholly or +partially blind and who is carrying a cane or walking stick white in +color, or white tipped with red, or who is using a dog guide wearing a +specialized harness, or who is wholly or partially deaf and is using a +signal dog wearing an orange identifying collar, or who is physically +handicapped and is using a service dog, shall immediately come to a full +stop and take such precautions before proceeding as may be necessary to +avoid accident or injury to the person wholly or partially blind, deaf +or physically handicapped. +For purposes of this subsection, a dog guide means any dog that is +specially trained to guide a blind person. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 7 O.S. +§§ 11, 12. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT" -A "\c" \ + -- "CHAPTER 15-18 ENFORCEMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials" -A "\c" \ + -- "Sec 15-1801 Authority Of Police And Fire Officials" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic" -A "\c" \ + -- "Sec 15-1802 Authority To Direct Traffic" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations" -A "\c" \ + -- "Sec 15-1803 Emergency And Experimental Regulations" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required" -A "\c" \ + -- "Sec 15-1804 Obedience To Police And Fire Officials Required" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees" -A "\c" \ + -- "Sec 15-1805 Applicability To Public Employees" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-1806 Authorized Emergency Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted" -A "\c" \ + -- "Sec 15-1807 Persons Working On Streets Exempted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted" -A "\c" \ + -- "Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of Street Restricted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles" -A "\c" \ + -- "Sec 15-1809 Riding Animals And Animal-Drawn Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-1810 Notification Of Runs By Emergency Vehicles" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials" -A "\c" \ + -- "Sec 15-1801 Authority Of Police And Fire Officials" +\& +.IP " 1." 4 +It is the duty of all police officers of the police department to +enforce the street traffic regulations of the city and the state, to +make arrests for the traffic violations, and to investigate accidents. +.IP " 2." 4 +Officers of the police department or such officers as are assigned by +the chief of police are authorized to direct all traffic by voice, hand, +mechanical signals or signs in conformance with the provisions of this +chapter. +In the event of a fire or other emergency as herein defined, or other +unusual traffic conditions, to expedite traffic or safeguard +pedestrians, officers of the police department or fire department may +direct and take control of traffic as conditions may require, and as +near as practicable, follow the general provisions of this chapter. +.IP " 3." 4 +Officers of the fire department, when at the scene of a fire or other +emergency, may direct or assist the police in directing traffic thereat +or in the immediate vicinity. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic" -A "\c" \ + -- "Sec 15-1802 Authority To Direct Traffic" +\& +.LP +All traffic in the city shall be controlled by ordinances of the city +and the laws of the state relating thereto. +No person shall direct or attempt to direct traffic except police +officers and other officers authorized by the city. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations" -A "\c" \ + -- "Sec 15-1803 Emergency And Experimental Regulations" +\& +.IP " 1." 4 +The city manager is empowered to make effective the provisions of the +traffic ordinances of the city and to make temporary or experimental +regulations to cover emergencies or special conditions. +No such temporary or experimental regulation shall remain in effect for +more than 90 days. +.IP " 2." 4 +The city may have traffic-control devices tested under actual conditions +of traffic. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required" -A "\c" \ + -- "Sec 15-1804 Obedience To Police And Fire Officials Required" +\& +.LP +No person shall willfully fail or refuse to comply with any lawful order +or direction of a police officer or fire department official. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-103. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees" -A "\c" \ + -- "Sec 15-1805 Applicability To Public Employees" +\& +.IP " 1." 4 +This chapter shall apply to the driver of any vehicle owned by or used +in the service of the United States government, any state, county, city +or other governmental unit or agency, as well as to other vehicles. +No such driver shall violate any of the provisions of this chapter, +except as otherwise permitted in this chapter or by state statute. +.IP " 2." 4 +This chapter shall not apply to the military forces organizations of the +United States and of the National Guard when performing any military +duty. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-1806 Authorized Emergency Vehicles" +\& +.IP " 1." 4 +The driver of an authorized emergency vehicle, when responding to an +emergency call or when in the pursuit of an actual or suspected violator +of the law or when responding to but not upon returning from a fire +alarm, may exercise the privilege set forth in this section, but subject +to the conditions herein stated. +.IP " 2." 4 +The driver of an authorized emergency vehicle may: +.RS 4 +.IP " 1." 4 +Park, or stand, irrespective of the provisions of this part; +.IP " 2." 4 +Proceed past a red or stop signal or stop sign, but only after slowing +down as may be necessary for safe operation; +.IP " 3." 4 +Exceed the maximum speed limits so long as speeding does not endanger +life or property; +.IP " 4." 4 +Disregard regulations governing direction of movement; and +.IP " 5." 4 +Disregard regulations governing turning in specified directions. +.RE +.IP " 3." 4 +The exemptions herein granted to the driver of an authorized emergency +vehicle shall apply only when the driver is properly and lawfully making +use of an audible signal or of flashing red or blue lights or a +combination of flashing red and blue lights meeting the requirements of +47 O.S. +§ 12-218, except that an authorized emergency vehicle operated as a +police vehicle need not be equipped with or display a red or blue light +visible from in front of the vehicle. +This subsection shall not be construed as requiring a peace officer +operating a police vehicle properly and lawfully in response to a crime +in progress to use audible signals. +.IP " 4." 4 +The exemptions in subsection (B)(3) and (5) of this section shall be +granted to a law enforcement officer operating an authorized emergency +vehicle for law enforcement purposes without using audible and visual +signals required by this section as long as the action does not endanger +life or property if the officer is following a suspected violator of the +law with probable cause to believe that: +.RS 4 +.IP " 1." 4 +Knowledge of the presence of the officer will cause the suspect to: +.RS 4 +.IP " 1." 4 +Destroy or lose evidence of a suspected felony; +.IP " 2." 4 +End a suspected continuing felony before the officer has obtained +sufficient evidence to establish grounds for arrest; or +.IP " 3." 4 +Evade apprehension or identification of the suspect or the vehicle of +the suspect; or +.RE +.IP " 2." 4 +Because of traffic conditions, vehicles moving in response to the +audible or visual signals may increase the potential for a collision. +The exceptions granted in this subsection shall not apply to an officer +who is in actual pursuit of a person who is eluding or attempting to +elude the officer in violation of 21 O.S. +§ 540A. +.RE +.IP " 5." 4 +The provisions of this section shall not relieve the driver of an +authorized emergency vehicle from the duty to drive with due regard for +the safety of all persons, nor shall such provisions protect the driver +from the consequences of reckless disregard for the safety of others. +.LP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-106. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted" -A "\c" \ + -- "Sec 15-1807 Persons Working On Streets Exempted" +\& +.LP +Unless specifically made applicable, the provisions of this chapter +shall not apply to persons, teams, motor vehicles and other equipment +while actually engaged in work upon the surface of a street, or to +persons, motor vehicles and other equipment while actually engaged in +construction, maintenance or repair of public utilities. +All highway and public utility operations shall be protected by adequate +warning signs, signals, devices or flagmen. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-105. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted" -A "\c" \ + -- "Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of Street Restricted" +\& +.IP " 1." 4 +City personnel or contractors, while repairing or improving or repairing +lines or other utility facilities in the streets, are authorized, as +necessary, subject to control of the chief of the traffic division, to +close any street or section thereof to traffic during such repair, +maintenance or construction. +In exercising such authority, such person shall erect or cause to be +erected proper control devices and barricades to warn and notify the +public that the street has been closed to traffic. +.IP " 2." 4 +When any street has been closed to traffic under the provisions of +subsection (A) of this section, and traffic-control devices or +barricades have been erected, no person shall drive any vehicle through, +under, over or around such traffic-control devices or barricades, or +otherwise enter the closed area. +This subsection shall not apply to persons while engaged in such +construction, maintenance and repair or to persons entering therein for +the protection of lives or property. +Persons having their places of residence or places of business within +the closed area may travel, when possible to do so, through the area at +their own risk. +.IP " 3." 4 +Whenever construction, repair or maintenance of any street or utility +line or facility is being performed under traffic, the city personnel, +contractor, or utility company concerned shall erect or cause to be +erected traffic-control devices to warn and guide the public. +Every person using such street shall obey all signs, signals, markings +flagmen or other traffic-control devices which are placed to regulate, +control and guide traffic through the construction or maintenance area. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles" -A "\c" \ + -- "Sec 15-1809 Riding Animals And Animal-Drawn Vehicles" +\& +.LP +Every person propelling any pushcart or riding an animal upon a roadway, +and every person driving any animal-drawn vehicle shall be subject to +the provisions of this chapter applicable to the driver of any vehicle, +except those provisions of this chapter which by their very nature can +have no application. +.PP +\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. +§ 11-104. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles" -A "\c" \ + -- "Sec 15-1810 Notification Of Runs By Emergency Vehicles" +\& +.LP +It is unlawful for any person to drive on the streets of the city any +emergency vehicle, including, but not limited to, police patrol cars, +fire trucks, ambulances, sheriff\[aq]s cars, highway patrol cars and +police motorcycles, while sounding a siren, horn, bell or other +noise-making device designed to forewarn the populace of the approach of +such vehicle, without first advising the police department by contacting +the police dispatcher on duty of the intention to make the emergency run +and giving the name of the person making the run, the destination, the +route which is intended to be traveled and the nature of the emergency. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES" -A "\c" \ + -- "CHAPTER 15-19 IMPOUNDMENT OF VEHICLES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles" -A "\c" \ + -- "Sec 15-1901 Authority To Impound Vehicles; Release Of Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles" -A "\c" \ + -- "Sec 15-1902 Abandoning Vehicles" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles" -A "\c" \ + -- "Sec 15-1901 Authority To Impound Vehicles; Release Of Vehicles" +\& +.IP " 1." 4 +Members of the police department are authorized to remove a vehicle from +a street to a garage or other place of safety under any of the following +circumstances: +.RS 4 +.IP " 1." 5 +When an officer arrests any person driving or in control of a vehicle +for an alleged offense and the officer is, by ordinance, state statute +or departmental policy, required or permitted to take and does take the +person arrested either before a duly appointed judge or to a place of +incarceration; +.IP " 2." 5 +When such a vehicle is left unattended upon any bridge, viaduct, +causeway, tube or tunnel, highway or any public thoroughfare or street, +and it constitutes a hazard or obstruction to traffic; +.IP " 3." 5 +When a vehicle is left unattended or disabled as to constitute an +obstruction to traffic and the person in charge of such vehicle is, by +reason of physical injury or otherwise, incapacitated to such an extent +as to be unable to provide for its custody or removal; +.IP " 4." 5 +When any vehicle is left unattended upon a street and is so parked +illegally as to constitute a definite hazard or obstruction to the +normal movement of traffic; +.IP " 5." 5 +When any vehicle has been parked for more than one hour in excess of the +time allowed for parking in any place; +.IP " 6." 5 +When any vehicle which has been involved in two or more violations of +this part for which citation tags have been issued and not presented as +required, is parked in violation of any provisions of this chapter; +.IP " 7." 5 +When any vehicle is found where a report or complaint has previously +been made alleging that the vehicle has been stolen; +.IP " 8." 5 +When the vehicle is parked in a marked handicapped parking space and the +vehicle displays no handicapped parking decal or tag displayed as +provided by law; +.IP " 9." 5 +When the vehicle is parked in any parking area marked by a sign or +otherwise as a \[dq]Tow-Away\[dq] zone; +.IP " 10." 5 +When at the request of a private property owner or the agent thereof; +.IP " 11." 5 +When a vehicle is found to be in violation of the Oklahoma Vehicle +License and Registration Act, as set forth in 47 O.S. +§ 1115.1. +.IP " 12." 5 +When the officer has probable cause to believe that the vehicle is not +insured as required by the Compulsory Insurance Law of the state as +documented by one of the following: +.RS 5 +.IP " 1." 4 +An admission by the driver or other occupant of the vehicle; or +.IP " 2." 4 +Confirmation through the Oklahoma Insurance Department\[aq]s online +verification system for motor vehicle liability policies indicating the +vehicle is not insured; +.RE +.IP " 13." 5 +When the officer has probable cause that the person operating the +vehicle has not been granted driving privileges or that the driving +privileges of the person are currently suspended, revoked, canceled, +denied, or disqualified; +.IP " 14." 5 +When at the scene of an accident, the owner or driver is not in a +position to take charge of the vehicle and direct or request its proper +removal; +.IP " 15." 5 +When a red sticker has been affixed to a vehicle warning the vehicle +will be impounded after 48 hours if not removed. +.RE +.IP " 2." 4 +A vehicle impounded under subsection (A) of this section shall be +released to the owner of the vehicle, or other person lawfully entitled +to take possession of the vehicle, or any other person lawfully entitled +to take possession of the vehicle, provided that such return or delivery +of same shall be made only after presenting such proof of interest upon +the following conditions when no longer needed for investigation by the +police department subject to the following: +.RS 4 +.IP " 1." 4 +If the person seeking the release has a valid title or the vehicle is +currently registered, which registration can be verified by the state +tax commission or any similar governmental entity that records and +verifies the ownership of vehicles for any other state, and that the +person has a valid driver\[aq]s license or a temporary one issued when +that person surrenders his license or other proper photo identification +and valid insurance as required by the Compulsory Insurance Law of the +state. +.IP " 2." 4 +If the person has a bill of sale from a local automobile dealer, dated +within 30 days of the date of impound, the person has a valid +driver\[aq]s license or other proper photo identification and valid +insurance. +.IP " 3." 4 +If the person has a valid insurance verification form and the vehicle +identification number is on this card, and on the day of the attempted +release the state tax commission verifies that the registered owner is +the person seeking release of the vehicle, and the person has a valid +driver\[aq]s license or other proper photo identification and valid +insurance. +.IP " 4." 4 +If the registered owner is unable to be present, but sends the title or +registration, a notarized statement describing the vehicle and giving +the police department the owner\[aq]s permission to release the vehicle +to the person presenting the title or registration and letter and that +person has proper photo identification and a copy of valid insurance for +the vehicle. +For out of state owners, their local police department may +electronically notify the city police department for verification of +ownership. +The police department shall keep on file the original letter or +notification. +.IP " 5." 4 +The person attempting to obtain the release must sign a hold harmless +agreement releasing the city and wrecker service from any and all +liability in releasing said vehicle. +The police department shall provide the forms. +.RE +.IP " 3." 4 +Whenever any vehicle has been impounded in the manner provided for by +this section, the registered or legal owner of the vehicle may contest +the validity of the removal or storage by filing a written request for a +hearing with the police department. +Such written request must be filed before the vehicle is retrieved from +storage; provided, however, the city shall not be required to provide a +hearing if the request is received more than ten days following actual +or constructive notice to the owner or driver of the vehicle that said +vehicle has been so removed or stored. +Failure of either the registered or legal owner to timely request or to +timely appear upon a scheduled hearing shall satisfy the hearing +requirement of this section. +.LP +(Ord. +No. +211(97), 10-20-1997; Ord. +No. +684(10), 11-15-2010) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347191_Ordinance%20No.%20905%20(19).pdf" -A "\c" \ + -- "905(19)" +\& on 4/15/2019 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles" -A "\c" \ + -- "Sec 15-1902 Abandoning Vehicles" +\& +.IP " 1." 4 +No person shall abandon a motor vehicle on a street, highway or other +public property. +Any member of the state highway patrol or any qualified sheriff, deputy +sheriff or any member of the police department shall deem a vehicle +abandoned and shall have the authority to remove or direct the removal +of the vehicle when found upon a portion of the street, highway, +shoulder or right-of-way, if after a period of 48 hours there is no +evidence of an apparent owner who intends to remove the vehicle. +.IP " 2." 4 +If such officer has reasonable cause to believe a vehicle has been +abandoned in a location which would be hazardous to the free flow of +traffic or be highly susceptible to damage from vandalism or other harm, +he shall have the authority to remove or direct the removal of the +vehicle immediately. +.IP " 3." 4 +Any officer or agent who has removed or directed the removal of an +abandoned vehicle must promptly request the state tax commission or +other appropriate motor license agent to furnish the name and address of +the owner of and any lienholder on the vehicle and must within 20 days +from receipt of the requested information send a notice to the owner and +any lienholder by regular mail, postage prepaid, at the addresses +furnished by the tax commission or motor license agent, of the +vehicle\[aq]s location. +This subsection shall not be construed to create any civil liability +upon such officer, any agency, department or political subdivision of +the city or employee thereof for failure to provide such notice to the +owner or lienholder. +.IP " 4." 4 +The owner of a motor vehicle abandoned in violation of this Code or the +owner of any vehicle which shall have been lawfully removed from any +highway or other public property, or any lienholder on such vehicle, may +regain possession of the vehicle in accordance with regulations of the +city upon payment of the reasonable cost of removal and storage of such +vehicles. +.IP " 5." 4 +A lienholder as used in this section means those lienholders as shown on +the vehicle title. +.LP +\f[B]State Law reference\f[R]\[em] Abandonment of vehicles, 47 O.S. +§ 901 et seq. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE" -A "\c" \ + -- "CHAPTER 15-20 PENALTIES AND ARREST PROCEDURE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty" -A "\c" \ + -- "Sec 15-2001 Penalty" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles" -A "\c" \ + -- "Sec 15-2002 Citation Tags On Parked Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking" -A "\c" \ + -- "Sec 15-2003 Presumption In Reference To Illegal Parking" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty" -A "\c" \ + -- "Sec 15-2001 Penalty" +\& +.IP " 1." 4 +No person shall do any act forbidden or fail to perform any act required +in this part. +.IP " 2." 4 +No parent of a child or the guardian of a ward shall authorize any child +or ward to violate any provisions of this part. +.IP " 3." 4 +No person shall authorize or knowingly permit any vehicle registered in +his name to be driven, or to stand, or to be parked in violation of any +provisions of this part. +.IP " 4." 4 +Any person who violates any provision of this part, or performs any +unlawful act as defined in this part, or fails to perform any act +required in this part is guilty of an offense and, upon conviction +thereof, shall be punished as provided in section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles" -A "\c" \ + -- "Sec 15-2002 Citation Tags On Parked Vehicles" +\& +.LP +In cases where vehicles without drivers are parked or stopped in +violation of this part, police officers and other persons appointed by +the chief of police shall affix citation tags to the vehicles. +A violator of any provision of this part who has been given a citation +tag and fails to appear in accordance with the instructions of such tag +shall be subject to a separate offense as provided in section 1-108. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking" -A "\c" \ + -- "Sec 15-2003 Presumption In Reference To Illegal Parking" +\& +.IP " 1." 4 +In any prosecution charging a violation of any law or regulation +governing the standing or parking of a vehicle, proof that the +particular vehicle described in the complaint was standing or parked in +violation of any such law or regulation, together with proof that the +defendant named in the complaint was at the time of such standing or +parking the registered owner of such vehicle, shall constitute in +evidence a prima facie presumption that the registered owner of such +vehicle was the person who parked or placed such vehicle at the point +where, and for the time during which, such violation occurred. +.IP " 2." 4 +The foregoing stated presumption shall apply only when the procedure as +described in this chapter has been followed. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ + -- "841(16)" +\& on 12/19/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_16_TRANSPORTATION" -A "\c" \ + -- "PART 16 TRANSPORTATION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS" -A "\c" \ + -- "CHAPTER 16-1 RAILROADS" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS" -A "\c" \ + -- "CHAPTER 16-1 RAILROADS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains" -A "\c" \ + -- "Sec 16-101 Obstructing Passage Of Trains" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains" -A "\c" \ + -- "Sec 16-102 Climbing On Trains" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains" -A "\c" \ + -- "Sec 16-101 Obstructing Passage Of Trains" +\& +.LP +Any person who willfully or maliciously places any obstruction or any +other thing on the track of any railroad within the limits of the city, +or who tears up, removes, burns or destroys any part of such railroad, +or the works thereof, with intent to obstruct the passage of any engine +or car thereon, or to throw them off the track, is guilty of an offense, +punishable as provided in this Code. +.PP +(Code 1999, § 16-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains" -A "\c" \ + -- "Sec 16-102 Climbing On Trains" +\& +.LP +It is unlawful for any person to climb upon, hold to, or in any manner +attach himself to, any railway train, locomotive or railway car while +such is in motion within the city, unless such person is acting in the +line of duty. +It is unlawful for any person to board any train or railroad car except +with a proper ticket or the permission of the person in charge of the +train or car or in the line of duty. +.PP +(Prior Code, § 19-3; Code 1999, § 19-105) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_17_UTILITIES" -A "\c" \ + -- "PART 17 UTILITIES" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS" -A "\c" \ + -- "CHAPTER 17-1 LEASE OF SYSTEMS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION" -A "\c" \ + -- "CHAPTER 17-2 GARBAGE AND REFUSE COLLECTION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP" -A "\c" \ + -- "CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER BACKUP" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT" -A "\c" \ + -- "CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE PRETREATMENT" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS" -A "\c" \ + -- "CHAPTER 17-1 LEASE OF SYSTEMS" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority" -A "\c" \ + -- "Sec 17-101 Lease Of Utilities To Authority" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty" -A "\c" \ + -- "Sec 17-102 Authority Rules Adopted By Reference, Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority" -A "\c" \ + -- "Sec 17-101 Lease Of Utilities To Authority" +\& +.LP +The city hereby consents and agrees to the lease of the city\[aq]s +water, sanitary sewerage and refuse systems and facilities and all +future additions thereto to the city public works authority as +authorized by statute, to be effective at the time and upon the terms +and conditions specified in a certain \[dq]lease\[dq] prepared under the +direction of the city council and filed in the office of the city clerk. +The mayor of the city hereby is authorized and directed, on behalf of +the city, to execute and deliver the lease of the city public works +authority. +.PP +(Code 1999, § 17-101) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty" -A "\c" \ + -- "Sec 17-102 Authority Rules Adopted By Reference, Penalty" +\& +.LP +Rules and regulations adopted by the city Public Works Authority are +hereby adopted and incorporated herein by reference, applicable as if +set out in full herein. +Any violation of the rules and regulations of the authority shall be +punishable as provided in section 1-108. +.PP +(Code 1999, § 17-102) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION" -A "\c" \ + -- "CHAPTER 17-2 GARBAGE AND REFUSE COLLECTION" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions" -A "\c" \ + -- "Sec 17-201 Definitions" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles" -A "\c" \ + -- "Sec 17-202 Receptacles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service" -A "\c" \ + -- "Sec 17-203 City To Furnish Service" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles" -A "\c" \ + -- "Sec 17-204 Refuse Vehicles" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate" -A "\c" \ + -- "Sec 17-205 Refuse Not To Accumulate" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping" -A "\c" \ + -- "Sec 17-206 Dumping" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services" -A "\c" \ + -- "Sec 17-207 Contracting With Private Services" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters" -A "\c" \ + -- "Sec 17-208 Certain Buildings To Use Dumpsters" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service" -A "\c" \ + -- "Sec 17-209 Collection Rates And Charges For Sanitation Service" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty" -A "\c" \ + -- "Sec 17-210 Penalty" +\& +.br +.LP +.br +\f[B]State Law reference\f[R]\[em] Solid Waste Management Act, 27A O.S. +§ 2-10-101 et seq.; littering, 21 O.S. +§ 1753.3 et seq. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions" -A "\c" \ + -- "Sec 17-201 Definitions" +\& +.LP +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: +.PP +\f[I]Carry out service\f[R] means a special category of service by the +city for qualified persons who are physically unable to move the mobile +containers to the curbside. +.PP +\f[I]Commercial\f[R] means any business, activity or use. +.PP +\f[I]Curbside service\f[R] means pickup service provided by the city at +the curb or within the public street right-of-way. +.PP +\f[I]Dumpster\f[R] means any commercial garbage container provided or +approved by the city, including, but not limited to, polycarts. +.PP +\f[I]Garbage\f[R] means and includes all accumulations of animal and +vegetable matter, or both, which is refuse of kitchens, pantries, dining +rooms, markets and public places. +The term \[lq]garbage\[rq] does not include recyclables. +.br +.PP +\f[I]Mobile container\f[R] means any residential garbage container +provided or approved by the city, including, but not limited to, +polycarts. +.PP +\f[I]Recyclables\f[R] means waste or materials that can be processed and +used again. +The term \[lq]Recyclables\[rq] includes but is not limited to paper, +plastics, glass bottles and jars, aluminum and steel cans, cardboard and +paperboard cartons. +.br +.br +.PP +\f[I]Refuse\f[R] and \f[I]rubbish\f[R] mean ashes, cinders, papers, +brokenware, discarded clothing and wears, tin cans and vessels and such +other articles as are generally termed to be the natural accumulation of +resident families. +The terms \[dq]refuse\[dq] and \[dq]rubbish\[dq] do not include dirtor +recyclables. +.PP +\f[I]Yard trash\f[R] means lawn clippings and leaves which must be in a +trash bag and placed in a polycart at curb side. +.PP +(Code 1999, § 17-201; Ord. +No. +529, 7-2-1990) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf" -A "\c" \ + -- "941(20)" +\& on 5/4/2020 +.br +Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf" -A "\c" \ + -- "989(21)" +\& on 10/4/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles" -A "\c" \ + -- "Sec 17-202 Receptacles" +\& +.IP " 1." 4 +Only one mobile container (polycart) shall be provided to each household +by the city. +This mobile container shall be used as the first means of disposing of +garbage. +Yard waste must be placed in a polycart inside tightly-tied plastic +bags. +Total yard waste, refuse and other garbage placed inside a polycart +should not weigh more than 200 pounds. +No other containers, except those provided by the city, shall be +permitted. +Additional mobile containers (polycarts) may be obtained for the +disposal of garbage at a cost pursuant to the city fee schedule. +.IP " 2." 4 +The containers provided for in subsection (A) of this section shall be +placed within three feet of the street curbside, except in the case of +carry out service where the container shall be placed within 75 feet of +the front curbline, not inside a garage or other structure, and no gate +granting access to the container shall be locked. +It shall be the responsibility of the resident to place the container +near the curb on the day designated for pickup by 7:00 a.m. +The resident shall remove the container from curbside on the same day. +.IP " 3." 4 +Carry out service shall be provided to residents who are physically +unable to place containers at curbside. +Yard trash is not included in this service. +This service will be provided by the city employees at no additional +fee. +The city will require that a form provided by the city be completed +requiring a doctor\[aq]s certificate as proof of a resident\[aq]s +inability to place the container at curbside. +.IP " 4." 4 +Mobile containers that are damaged or destroyed through abuse, neglect +or improper usage by the resident shall be repaired or replaced by the +city at the expense of the resident or owner of the residence. +Mobile containers that are stolen or damaged through normal and +reasonable usage will be repaired by the city at the city\[aq]s expense. +.IP " 5." 4 +Businesses collected on mobile container routes will be provided with +mobile containers. +.IP " 6." 4 +Brush will be accepted for scheduled bulk pickup provided the bundles of +brush are no longer than two feet and no more than 12 inches in diameter +and placed at curbside as scheduled through public works. +.IP " 7." 4 +It is unlawful for any person to deposit for collection, on any street, +parking or any private property in the city, any garbage, refuse or +rubbish without placing it in enclosed containers meeting the +requirements of this section. +.LP +(Code 1999, § 17-202; Ord. +No. +529, 7-2-1990; Ord. +No. +190(97), 6-16-1997; Ord. +No. +203(97), 8-18-1997) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf" -A "\c" \ + -- "941(20)" +\& on 5/4/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service" -A "\c" \ + -- "Sec 17-203 City To Furnish Service" +\& +.LP +The city shall furnish garbage and trash hauling service to the city. +No other person may remove or cause to be removed garbage, refuse, +rubbish or waste from any refuse container or other receptacle used for +the deposit of same, or to transport, carry through or over the streets +of the city any such garbage, refuse, rubbish or waste, without proper +authorization as may be required by law. +.PP +(Prior Code, §§ 11-4, 11-6; Code 1999, § 17-203) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles" -A "\c" \ + -- "Sec 17-204 Refuse Vehicles" +\& +.LP +All vehicles used for collection, removal, transportation or hauling of +refuse, rubbish or garbage in the city shall be constructed in such a +manner as to prevent any portion of such matter from falling or blowing +from such vehicles and shall be kept in a clean and sanitary condition. +.PP +(Prior Code, § 11-5, in part; Code 1999, § 17-204) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate" -A "\c" \ + -- "Sec 17-205 Refuse Not To Accumulate" +\& +.IP " 1." 4 +All premises must be kept free and clear of all garbage, refuse, rubbish +and waste of all kinds, by the owner, occupant or person in charge of +such premises. +No garbage, refuse, or waste shall be allowed to accumulate thereon +except for such small amounts as shall accumulate between regular +removals thereof. +Any such conditions are hereby declared to be an offense and a nuisance, +and may be punished and abated as such. +.IP " 2." 4 +The city shall provide a service for the removal of large accumulations +of trash pursuant to the policy of the city and the fee schedule for the +city. +.LP +(Prior Code, § 11-7; Code 1999, § 17-205; Ord. +No. +344(02), 1-7-2002; Ord. +No. +654(09), 9-8-2009) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping" -A "\c" \ + -- "Sec 17-206 Dumping" +\& +.LP +In disposing of garbage, rubbish, refuse and waste, the same shall be +removed beyond the limits of the city to some suitable place for +dumping. +It is unlawful to dump refuse, rubbish, garbage or waste at any place in +the city unless specifically authorized by law or ordinance. +.PP +(Prior Code, § 11-8, in part; Code 1999, § 17-206) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services" -A "\c" \ + -- "Sec 17-207 Contracting With Private Services" +\& +.LP +Customers or proposed customers contracting with the city for trash or +garbage hauling service shall be permitted to contract with private +garbage hauling services for industrial, commercial and other +nonresidential refuse only upon the approval of the city manager, and +upon recommendation of the public works department. +Approval may be granted only if the city is not able to serve the +garbage, trash or other refuse hauling service required by such +customers or proposed customers. +.PP +Private trash, garbage or refuse hauling service contracting for such +service in the city shall furnish to the city clerk a certificate of +insurance and shall keep the same in full force and effect at all times +while contracting with any customer in the city. +The insurance shall show such contractor as having public liability +insurance in the sum as set by the city per occurrence in worker\[aq]s +compensation coverage and automobile liability on the motor vehicle used +in hauling such refuse in the sum as set by the city per occurrence.\ +.LP +Customers or proposed customers may contract with private services for +the purpose of picking up and removing recyclables. +The private service shall supply suitable containers for the containment +of the recyclables and the service shall be at-home or front door +service and not for curbside pickup. +.PP +.IP " 1." 4 +Any private recycling pick up and hauling service shall furnish to the +city clerk a certificate of insurance and shall keep the same in full +force and effect at all times while contracting with any customer in the +city. +The insurance shall show such contractor as having public liability +insurance in the sum as set by the city per occurrence in worker\[aq]s +compensation coverage and automobile liability on the motor vehicle used +in hauling such recyclables in the sum as set by the city per +occurrence.\ +.IP " 2." 4 +All vehicles used for collection, removal, transportation or hauling of +recyclables in the city shall be constructed in such a manner as to +prevent any portion of such matter from falling or blowing from such +vehicles and shall be kept in a clean and sanitary condition +.br +.br +.LP +(Code 1999, § 17-207; Ord. +No. +529, 7-2-1990) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf" -A "\c" \ + -- "989(21)" +\& on 10/4/2021 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters" -A "\c" \ + -- "Sec 17-208 Certain Buildings To Use Dumpsters" +\& +.LP +All buildings or structures having three or more commercial, business, +industrial, residential dwellings or any combination thereof and which +have garbage collection contracts with the city shall be required to use +garbage dumpsters furnished by the city or any dumpster approved by the +city in which all garbage, refuse, rubbish or waste shall be placed to +be removed. +.PP +(Prior Code, § 11-10; Code 1999, § 17-208) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service" -A "\c" \ + -- "Sec 17-209 Collection Rates And Charges For Sanitation Service" +\& +.LP +For one designated container provided for recyclable materials curbside +recycling shall be provided bi-weekly for all residential customers at +an additional cost per month as established by resolution. +.PP +(Code 1999, § 17-209; Ord. +No. +529, 7-2-1990) +HISTORY +.br +\f[I]Amended by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328289_Ordinance%20No.%20828%20(16).pdf" -A "\c" \ + -- "828(16)" +\& on 8/1/2016 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty" -A "\c" \ + -- "Sec 17-210 Penalty" +\& +.LP +Any person violating these regulations shall, upon conviction in +municipal court, be punished as provided in section 1-108, in addition +to any other actions and remedies available. +.PP +(Code 1999, § 17-210) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP" -A "\c" \ + -- "CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER BACKUP" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose" -A "\c" \ + -- "Sec 17-301 Purpose" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work" -A "\c" \ + -- "Sec 17-302 Scope Of Work" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work" -A "\c" \ + -- "Sec 17-303 Exclusions And Items Outside Scope Of Work" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration" -A "\c" \ + -- "Sec 17-304 Administration" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose" -A "\c" \ + -- "Sec 17-301 Purpose" +\& +.LP +This chapter is enacted to provide a means of relief in order to ease +the impact of a sanitary sewer backup in a customer\[aq]s yard or +residence by disinfecting the affected area whether the area is inside +or outside the structure. +The customer assistance program services will be offered to customers +when the backup is initially identified as the result of a stoppage in +the city\[aq]s main. +The services to be provided are limited to only those set forth in this +chapter and any claim for the payment of damages from a sanitary sewer +backup must be handled by filing a tort claim with the city clerk. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work" -A "\c" \ + -- "Sec 17-302 Scope Of Work" +\& +.LP +The customer assistance program is authorized to perform only the +following work as directed by the risk manager, loss control officer, or +designee: +.IP " 1." 4 +Spillage in yards: Removal of any solids and application of +disinfectant. +.IP " 2." 4 +Spillage in structures: +.RS 4 +.IP " 1." 4 +Vacuuming or removing spillage and waste material. +.IP " 2." 4 +Mopping affected bare floors and cleaning of baseboards, bare walls and +plumbing fixtures. +.IP " 3." 4 +Removal of small items which the customer authorizes for disposal +including small areas of carpet and pad. +.IP " 4." 4 +Moving of furniture as required for the sole purpose of performing the +above work and within the capabilities of the crew. +.RE +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work" -A "\c" \ + -- "Sec 17-303 Exclusions And Items Outside Scope Of Work" +\& +.LP +The following items are excluded under this chapter: +.IP " 1." 4 +The customer assistance program will not be offered if the risk +management or community development department has previously +recommended to the current owner that a back-flow prevention device be +installed at the residence. +.IP " 2." 4 +The customer assistance program will not be offered to businesses, +churches or commercial property. +.IP " 3." 4 +The customer assistance program does not cover the cleaning of towels, +rugs, clothing, curtains, or other similar items. +.IP " 4." 4 +The cleaning of heating and ventilation ducts fall outside the scope of +the program as well as the removing or repairing of damaged drywall, +wallboard, or other wall coverings. +HISTORY +.br +\f[I]Adopted by Ord. +\c +.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349082_930%20(20).pdf" -A "\c" \ + -- "930(20)" +\& on 1/6/2020 +.br +\f[R] +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration" -A "\c" \ + -- "Sec 17-304 Administration" +\& +.LP +The city risk management board will serve as administrator of claims +pursuant to this chapter. +Claims shall be made pursuant to the provisions of the Governmental Tort +Claims Act (51 O.S. +§ 151 et seq.). +Claims are to be presented within one year of the date the loss occurs. +A claim shall be forever barred unless notice thereof is presented +within one year after the loss occurs. +.PP +(Code 1999, § 17-304; Ord. +No. +137(95), 12-4-1995; Ord. +No. +162(96), 7-1-1996) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT" -A "\c" \ + -- "CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE PRETREATMENT" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted" -A "\c" \ + -- "Sec 17-401 Regulations Adopted" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty" -A "\c" \ + -- "Sec 17-402 Penalty" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted" -A "\c" \ + -- "Sec 17-401 Regulations Adopted" +\& +.LP +The city\[aq]s \[dq]Sewer, Sewage Disposal and Industrial Waste +Pretreatment Regulations,\[dq] as originally adopted by Ord. +No. +22(92), October 18, 1993, and amended by Ordinance No. +98(94), October 3, 1994, and any other amendments, are hereby adopted +and incorporated herein by reference. +A copy of the regulations are on file with the city clerk. +.PP +(Code 1999, § 17-401; Ord. +No. +22(92), 10-18-1993; Ord. +No. +98(94), 10-3-1994; Ord. +No. +605(07), 12-3-2007) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty" -A "\c" \ + -- "Sec 17-402 Penalty" +\& +.LP +A violation of the city\[aq]s sewer, sewage disposal and industrial +waste pretreatment regulations is punishable as provided in section +1-108, unless another penalty is specifically provided in the +regulations. +.PP +(Code 1999, § 17-402) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_ELECTRIC_FRANCHISE" -A "\c" \ + -- "APPENDIX 1 ELECTRIC FRANCHISE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS" -A "\c" \ + -- "APPENDIX 1 SECTION 1 DEFINITIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE" -A "\c" \ + -- "APPENDIX 1 SECTION 2 GRANT FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC" -A "\c" \ + -- "APPENDIX 1 SECTION 3 NOT TO IMPEDE TRAFFIC" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY" -A "\c" \ + -- "APPENDIX 1 SECTION 4 HOLD HARMLESS TO CITY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES" -A "\c" \ + -- "APPENDIX 1 SECTION 5 COMPLIANCE WITH RULES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT" -A "\c" \ + -- "APPENDIX 1 SECTION 6 ASSIGNMENT" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE" -A "\c" \ + -- "APPENDIX 1 SECTION 7 FRANCHISE FEE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY" -A "\c" \ + -- "APPENDIX 1 SECTION 8 SERVICE TO CITY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION" -A "\c" \ + -- "APPENDIX 1 SECTION 9 SPECIAL ELECTION" +\& +.br +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS" -A "\c" \ + -- "APPENDIX 1 SECTION 1 DEFINITIONS" +\& +.LP +The Word \[dq]City\[dq] as hereinafter used shall mean and designate the +City of Moore, Cleveland County, Oklahoma, and the word +\[dq]Company\[dq] as hereinafter used shall mean and designate the +Oklahoma Gas and Electric Company, a corporation organized and existing +under and by virtue of the laws of the State of Oklahoma and its +successors and assigns. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE" -A "\c" \ + -- "APPENDIX 1 SECTION 2 GRANT FRANCHISE" +\& +.IP " 1." 4 +The City hereby grants to the Company the right, privilege and authority +to produce, transmit, distribute and sell electricity within the +corporate limits of the City for all purposes for which it may be used, +to the City, its inhabitants and the public generally, and the right, +privilege and authority to construct, maintain and operate a system of +poles, wires, conduits, transformers, substations, and other facilities +and equipment in, upon, across, under and over the streets, alleys, +public grounds and other places in each and every part of said City for +the purpose of producing, transmitting, distributing and selling +electricity to the City, its inhabitants, and to the public generally. +.IP " 2." 4 +The franchise hereby granted shall be effective from and after the date +of approval of this Ordinance by the qualified electors of the City and +acceptance by the Company, and shall remain in full force and effect for +a period of twenty-five (25) years. +Nothing in this Ordinance shall be construed to prevent the City from +granting an electric franchise to any other person, firm, or +corporation. +.LP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC" -A "\c" \ + -- "APPENDIX 1 SECTION 3 NOT TO IMPEDE TRAFFIC" +\& +.LP +The Company shall construct, operate and maintain its property in such +manner as will, consistent with necessity, not obstruct nor impede +traffic unduly. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY" -A "\c" \ + -- "APPENDIX 1 SECTION 4 HOLD HARMLESS TO CITY" +\& +.LP +The Company shall defend and indemnify the City against all liability +for injury to any person or property caused by the negligence of the +Company in the construction, operation and maintenance of its property +within the City. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES" -A "\c" \ + -- "APPENDIX 1 SECTION 5 COMPLIANCE WITH RULES" +\& +.LP +Electric service provided hereunder to the City, its inhabitants, and to +the public generally, and rates charged therefor shall be in accordance +with orders, rules and regulations of the Corporation Commission of the +State of Oklahoma or other governmental authority having jurisdiction. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT" -A "\c" \ + -- "APPENDIX 1 SECTION 6 ASSIGNMENT" +\& +.LP +The Company shall have the right to assign this franchise and the +assignee by written acceptance thereof shall be bound by all the +provisions hereof. +An authenticated copy of such assignment and acceptance shall be filed +with the Clerk of the City. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE" -A "\c" \ + -- "APPENDIX 1 SECTION 7 FRANCHISE FEE" +\& +.IP " 1." 4 +From and after the approval and acceptance of this franchise, and in +consideration of the granting of this franchise, the Company agrees to +pay and shall pay to the City an annual franchise fee in an amount equal +to three percent (3%) of its gross revenues arising from the sale of +electricity within the corporate limits of the City, such payment to be +made on or before the 25th day of July of each year, after deducting +therefrom any amount due the Company from the City. +.IP " 2." 4 +The Company shall abide by any order, rule or regulation of the +Corporation Commission of the State of Oklahoma requiring the listing +separately of all or any portion of such franchise fee on electric bills +to customers. +.IP " 3." 4 +Such franchise fees paid by the Company to the City shall be in lieu of +all other franchise, excise, license, occupation, privilege, inspection, +permit, or other fees, taxes or assessments, except ad valorem taxes. +.LP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY" -A "\c" \ + -- "APPENDIX 1 SECTION 8 SERVICE TO CITY" +\& +.LP +The Company shall furnish to the City without charge each fiscal year +during the term hereof electric current to be used exclusively by the +City for operation of traffic signal lights and buildings occupied and +operated by the City for municipal purposes, to be applied by the +Company as a credit to billings to the City, provided that such electric +current shall not exceed one-half of one percent (0.5%) of the +kilowatt-hours sold by the Company to customers within the corporate +limits of the City during the preceding fiscal year. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION" -A "\c" \ + -- "APPENDIX 1 SECTION 9 SPECIAL ELECTION" +\& +.LP +A special election is hereby called for the purpose of submitting this +Ordinance to the qualified electors of the City residing within its +corporate limits for their approval or disapproval, provided the Company +shall pay the cost of such election. +The election shall be held on the 14th day of May, 2013, between the +hours of 7:00 a.m. +and 7:00 p.m. +The Mayor of the City Council is authorized and directed to issue an +election proclamation calling such election and is further directed to +take all steps that may be necessary for holding the election and for +the submission of this Ordinance to the qualified electors of the City. +If a majority of the qualified electors of the City voting thereon fail +to approve this franchise at said election, no rights shall accrue +hereunder. +.PP +(Ord. +No. +741(13), 2-4-2013) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_THE_MOORE_CABLE_SYSTEM_ORDINANCE" -A "\c" \ + -- "APPENDIX 2 THE MOORE CABLE SYSTEM ORDINANCE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS" -A "\c" \ + -- "APPENDIX 2 SECTION 1 DEFINITIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED" -A "\c" \ + -- "APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE REQUIRED" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS" -A "\c" \ + -- "APPENDIX 2 SECTION 3 FRANCHISE CHARACTERISTICS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR TRANSFER OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 5 GRANT OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF" -A "\c" \ + -- "APPENDIX 2 SECTION 6 ELECTION AND COSTS THEREOF" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE" -A "\c" \ + -- "APPENDIX 2 SECTION 7 INSURANCE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION" -A "\c" \ + -- "APPENDIX 2 SECTION 8 INDEMNIFICATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND" -A "\c" \ + -- "APPENDIX 2 SECTION 9 PERFORMANCE BOND" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE" -A "\c" \ + -- "APPENDIX 2 SECTION 10 MINIMUM FACILITY AND SERVICE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 11 SIGNAL QUALITY REQUIREMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS" -A "\c" \ + -- "APPENDIX 2 SECTION 12 TECHNICAL STANDARDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES" -A "\c" \ + -- "APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF POLES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 14 SAFETY REQUIREMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST" -A "\c" \ + -- "APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON REQUEST" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS" -A "\c" \ + -- "APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND REFUNDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 17 CUSTOMER SERVICE REQUIREMENTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS" -A "\c" \ + -- "APPENDIX 2 SECTION 18 POLE AGREEMENTS; REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS" -A "\c" \ + -- "APPENDIX 2 SECTION 19 RESERVATION OF RIGHTS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES" -A "\c" \ + -- "APPENDIX 2 SECTION 20 OWNERSHIP OF FACILITIES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED" -A "\c" \ + -- "APPENDIX 2 SECTION 21 DISCRIMINATION PROHIBITED" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES" -A "\c" \ + -- "APPENDIX 2 SECTION 22 LIQUIDATED DAMAGES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES" -A "\c" \ + -- "APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT REMEDIES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE" -A "\c" \ + -- "APPENDIX 2 SECTION 24 FRANCHISE FEE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 25 RENEWAL OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 26 TRANSFER OF A FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS" -A "\c" \ + -- "APPENDIX 2 SECTION 27 MAPS, REPORTS AND RECORDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION" -A "\c" \ + -- "APPENDIX 2 SECTION 28 ADMINISTRATION" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY" -A "\c" \ + -- "APPENDIX 2 SECTION 29 SUBSCRIBER PRIVACY" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS" -A "\c" \ + -- "APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND STANDARDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES" -A "\c" \ + -- "APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS" -A "\c" \ + -- "APPENDIX 2 SECTION 33 PERIODIC REVIEWS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS" -A "\c" \ + -- "APPENDIX 2 SECTION 34 DESCRIPTIVE HEADINGS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES" -A "\c" \ + -- "APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS FEES" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS" -A "\c" \ + -- "APPENDIX 2 SECTION 1 DEFINITIONS" +\& +.LP +For the purpose of this Ordinance, the following terms, phrases, words +and their derivations shall have the meanings given herein unless +otherwise defined by federal or state law. +The words \[dq]shall\[dq] and \[dq]will\[dq] are mandatory, and +\[dq]may\[dq] is permissive. +Words not defined herein shall be given the meaning set forth in the +Communications Act of 1934, as amended, including the Cable +Communications Policy Act of 1984, as amended by the Cable Television +Consumer Protection and Competition Act of 1992, and the +Telecommunications Act of 1996, and as may hereinafter be further +amended, and if not defined therein, such words shall have their common +and ordinary meaning. +.IP " 1." 5 +\[dq]Access channel\[dq] means any channel on a System which, by the +terms of this Ordinance or otherwise, is required to be kept available +without charge by Franchisee for partial or total designation to public, +educational and/or local government use and over which Franchisee +exercises no editorial control. +.IP " 2." 5 +\[dq]Affiliate\[dq] means an entity which owns or controls, is owned or +controlled by, or is under common ownership or control with Franchisee. +.IP " 3." 5 +\[dq]Application\[dq] means any proposal, submission or request to: (1) +construct and operate a System within the City; (2) transfer a Franchise +or control of a Franchise; (3) renew a Franchise; (4) modify a +Franchise, or; (5) seek any other relief from the City pursuant to this +Ordinance, a Franchise Agreement, the Cable Act as amended, or the FCC +rules and regulations. +.IP " 4." 5 +\[dq]Cable system\[dq] shall mean a facility, consisting of a set of +transmission paths and associated signal generation, reception and +control equipment that is designed to provide Cable Service, which +includes video programming, and other communications services which are +provided to multiple Subscribers within the City. +It shall include, without limitation, all of the component, physical +operation and programming elements of a network of cable, electrical and +electronic equipment, designed, constructed, wired or used for the +purpose of producing, receiving, amplifying and transmitting by coaxial +cable, fiber optics, microwave or other means audio and/or audio/visual +electrical impulses of television, radio and other intelligences, either +analog or digital, including, but not limited to, cable television for +sale to the inhabitants and businesses of the City. +.IP " 5." 5 +\[dq]Cable Act\[dq] means the Cable Communications Policy Act of 1984, +as amended by the Cable Television Consumer Protection and Competition +Act of 1992, as further amended by the Telecommunications Act of 1996, +as further amended from time to time. +.IP " 6." 5 +\[dq]Cable service\[dq] means (A) the one-way transmission to +Subscribers of (i) video programming, or (ii) other programming service, +and (B) subscriber interaction, if any, which is required for the +selection or use of such video programming or other programming service. +.IP " 7." 5 +\[dq]City\[dq] means the City of Moore, Oklahoma. +.IP " 8." 5 +\[dq]City attorney\[dq] is the City Attorney for the City of Moore, +Oklahoma. +.IP " 9." 5 +\[dq]City clerk\[dq] is the City Clerk of the City of Moore, Oklahoma. +.IP " 10." 5 +\[dq]City engineer\[dq] is the City Engineer of the City of Moore, +Oklahoma. +.IP " 11." 5 +\[dq]City manager\[dq] means the City Manager of Moore, Oklahoma or his +duly authorized representative. +.IP " 12." 5 +\[dq]Converter\[dq] means a device used for changing the frequency of a +television signal. +It may also include descrambling or decoding capabilities. +.IP " 13." 5 +\[dq]Council\[dq] is the City Council of the City of Moore, Oklahoma. +.IP " 14." 5 +\[dq]FCC\[dq] means the Federal Communications Commission. +.IP " 15." 5 +\[dq]Franchise\[dq] means the right granted by the City to a Franchisee +to construct, maintain and operate a System under, on and over streets, +roads and all other Public Ways and easements within the City. +.IP " 16." 5 +\[dq]Franchise agreement\[dq] means the contract entered into in +accordance with this Ordinance, and sets forth the terms and conditions +under which the Franchise will be exercised. +.IP " 17." 5 +\[dq]Franchisee\[dq] means any Person granted a Franchise pursuant to +this Ordinance and shall include any successor thereto. +.IP " 18." 5 +\[dq]Gross revenues\[dq] means all cash, credits, property or other +consideration of any kind or nature received directly or indirectly by +the Franchisee arising from, attributable to, or in any way derived from +the operation of the System to provide Cable Service within the City. +Gross Revenues shall include, but not be limited to: monthly fees +charged Subscribers for basic Cable Service; any optional, pay per view, +premium, per-channel or per-program service or charges for any other +type of Cable Service; installation, disconnection, and change in +service fees; leased channel fees; Converter and equipment fees, rentals +or sales; net advertising revenues; net revenues from home shopping +channels; fees from use of Access Channels, revenues from studio rental, +production fees and equipment charges when applicable; Gross Revenues +shall not include bad debt, Franchise fees or any sales, excise or other +taxes or fees, which are imposed directly on any Cable Service +subscriber by any governmental unit or agency and which are collected by +the Franchisee on behalf of such governmental unit or agency. +.IP " 19." 5 +\[dq]Normal business hours\[dq] means those hours during which most +similar businesses in the community are open to serve customers. +In all cases, Normal Business Hours must include some evening hours at +least one night per week and/or some weekend hours. +.IP " 20." 5 +\[dq]Normal operating conditions\[dq] means those service conditions +which are within the control of the Franchisee. +Those conditions which are not within the control of the Franchisee +include, but are not limited to, natural disasters, civil disturbances, +power outages, telephone network outages, and severe or unusual weather +conditions. +Conditions which are ordinarily within the control of the Franchisee +include, but are not limited to, special promotions, pay-per-view +events, rate increases, regular peak or seasonal demand periods, and +maintenance or upgrade of the System. +.IP " 21." 5 +\[dq]Ordinance\[dq] means the Moore Cable System Ordinance, unless the +context shall indicate otherwise. +.IP " 22." 5 +\[dq]Person\[dq] means any individual, corporation, partnership, +association, joint venture, organization or legal entity of any kind, +and any lawful trustee, successor, assignee, transferee or personal +representative thereof. +.IP " 23." 5 +\[dq]Public way\[dq] means the surface, the air space above the surface +and the area below the surface of any public street, road, thoroughfare, +alley or other public right of way or public place including, without +limitation, public utility easements dedicated for compatible use within +the City. +.IP " 24." 5 +\[dq]Service area\[dq] means the present municipal boundaries of the +City and any additions thereto by annexation or other legal means. +.IP " 25." 5 +\[dq]Subscriber\[dq] means any Person who legally receives Cable Service +delivered over the System. +.IP " 26." 5 +\[dq]System\[dq] means the Cable System. +.IP " 27." 5 +\[dq]Transfer of franchise\[dq] means any transaction in which (1) any +majority ownership or other controlling interest in a Franchise or its +System is transferred from one Person or group of Persons to another +Person or group of Persons, none of whom already own a controlling +ownership interest in the transferring person; or (2) the rights and/or +obligations held by the Franchisee under a Franchise Agreement are +transferred or assigned to another Person or group of Persons, none of +whom already own a controlling ownership interest in the transferring +person. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED" -A "\c" \ + -- "APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE REQUIRED" +\& +.IP " 1." 4 +In order to make Cable Services available to the residents of the City, +the City may grant one or more Franchises in accordance with this +Ordinance and the execution of a Franchise Agreement. +.IP " 2." 4 +No Person may construct or operate a System in the City without a +Franchise granted by the City and having entered into a Franchise +Agreement with the City. +.IP " 3." 4 +Nothing in this Ordinance shall be deemed to prevent the City from +seeking additional Franchisees at any time pursuant to a request for +proposals or applications. +Responses shall comply with this Ordinance. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS" -A "\c" \ + -- "APPENDIX 2 SECTION 3 FRANCHISE CHARACTERISTICS" +\& +.IP " 1." 4 +A Franchise shall be for a term or period of time not to exceed twenty +(20) years to serve all areas of the City, and shall be in effect from +and after approval thereof by the Council in accordance with applicable +law. +.IP " 2." 4 +A Franchise authorizes the Franchisee to use the Public Ways within the +City for installing cables, wires, lines, underground conduit and other +facilities to operate a System within the City, but does not authorize +such use on private property without the owner\[aq]s consent, nor does +the Franchise permit the use of privately-owned easements without +separate agreement of the owners, unless otherwise permitted by law. +.IP " 3." 4 +A Franchise shall be nonexclusive, and will not preclude the issuance of +another Franchise, nor affect the City\[aq]s right to authorize use of +any Public Way by other Persons as it deems appropriate. +.IP " 4." 4 +A Franchise shall not relieve the Franchisee of any requirement of any +ordinance, rule, regulation or specification of the City of general +applicability now or hereinafter lawfully enacted by the City. +The Franchisee shall at all times be subject to the lawful exercise of +the police power of the City to the full extent that such powers now or +hereinafter may be vested in or granted to the City. +However, any ordinance, rule, regulation or specification of the City +enacted after a Franchisee has entered into a Franchise Agreement shall +not materially alter the rights or obligations of the Franchisee under +the existing ordinance and Franchise Agreement unless specifically +authorized by state or federal law. +.IP " 5." 4 +A Franchisee and the City shall at all times be subject to and shall +comply with the Cable Act, all federal and state laws governing Cable +Service and all laws of general applicability. +.IP " 6." 4 +The provisions of this Ordinance shall apply to a Franchise Agreement as +if fully set out in such agreement. +The terms of a Franchise Agreement shall prevail over conflicting +provisions of this Ordinance. +.IP " 7." 4 +The Franchisee shall make Cable Service available to all residents and +businesses within the City, subject to the provisions of Section 10.5. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR TRANSFER OF FRANCHISE" +\& +.IP " 1." 4 +A written Application shall be filed with the City for the (a) grant of +a new Franchise; (b) renewal of a Franchise; (c) modification of a +Franchise Agreement; or (d) transfer of a Franchise pursuant to this +ordinance, the Franchise Agreement or the Cable Act. +The applicant has the burden to demonstrate compliance with all +applicable laws and entitlement to the relief sought. +.IP " 2." 4 +The applicant must file an original and five (5) copies of the +Application together with any required filing fee as set forth in this +Ordinance. +The Application shall also conform to any request for proposals and +shall contain all requested information. +.IP " 3." 4 +All Applications shall identify Persons authorized to act on behalf of +the applicant with respect to the Application. +.IP " 4." 4 +All Applications accepted for filing by the City shall be available +during the City\[aq]s regular business hours for public inspection. +.IP " 5." 4 +An Application for the initial grant of a Franchise shall contain, at a +minimum, the following information: +.RS 4 +.IP " 1." 5 +The name and address of the applicant and identification of ownership +and control of the applicant including: (a) names and addresses of the +ten (10) largest holders of an ownership interest and all Persons with a +five percent (5%) or more ownership interest in the applicant; (b) the +names of Persons who control the applicant including, without +limitation, all officers and directors; (c) any other business +affiliation and cable interest of each named Person. +.IP " 2." 5 +A statement as to whether the applicant, or any Person controlling the +applicant, or any officer, director or major stockholder has been +adjudged bankrupt, had a cable Franchise revoked, or been found guilty +of any violation of any security or anti-trust law, or of the commission +of a felony or crime involving moral turpitude; and if so, the +identification of such Person and a full explanation of such +circumstances. +.IP " 3." 5 +A demonstration of the applicant\[aq]s technical, legal and financial +ability to construct and/or operate the proposed System, including +identification of key personnel. +.IP " 4." 5 +A description of the applicant\[aq]s prior experience in System +ownership and construction, and identification of all communities the +applicant or its principals have served. +.IP " 5." 5 +Identification of proposed Cable Service Area and a detailed description +of the facilities proposed and the characteristics of the System +including, but not limited to, channel capacity, technical design, and +performance and quality expectations. +.IP " 6." 5 +A detailed description of the construction of the proposed System, +together with a proposed construction schedule. +Where appropriate, the applicant shall include an explanation of how +services will be converted from the existing facilities to the new +facilities. +.IP " 7." 5 +A description of all services to be provided, including, without +limitation, all broadcast and non-broadcast signals and all +non-television services to be carried on the System. +If tiers of service are to be used by the Franchisee, a description of +each tier service to be available to Subscribers. +.IP " 8." 5 +A description of proposed rate schedule for Cable Service and equipment +to be provided or used in association with the basic cable service tier, +together with all forms or information required to allow the +determination by the City of the maximum initial permitted rates and +charges. +Additionally, and for informational purposes, the Franchisee shall +disclose to the City any and all charges to be made for all other +services and equipment. +.IP " 9." 5 +A demonstration of how the applicant\[aq]s proposal will reasonably meet +the future cable-related needs and interests of the community, taking +into account the costs thereof including a description of how the +proposal will meet the needs described in any recent community needs +assessment conducted by or for the City. +.IP " 10." 5 +A statement showing pro-forma financial projections for the first five +(5) years. +.IP " 11." 5 +An affidavit of the applicant or authorized officer thereof certifying +to the truth and accuracy of all information in the Application, +acknowledging the enforceability of Application commitments, and that +the Application proposal meets all regulatory authority requirements. +.IP " 12." 5 +Any other information which may be necessary to demonstrate compliance +with all laws as may be relevant to City\[aq]s consideration of the +Application. +.RE +.IP " 6." 4 +An Application for modifications of the Franchise Agreement shall +include, as a minimum, the following information: +.RS 4 +.IP " 1." 4 +The specified modifications requested. +.IP " 2." 4 +The justification and basis for the requested modification including a +statement of impact the requested modification may have on Subscribers +or others, and the financial impact approval or disapproval may have on +the applicant. +.IP " 3." 4 +Any other relevant information which may be reasonably necessary for the +City to make an informed decision. +.RE +.IP " 7." 4 +An Application for renewal of a Franchise shall comply with the +requirements of Section 25 herein. +.IP " 8." 4 +An Application for approval of the Transfer of a Franchise shall comply +with the requirements of Section 26 herein. +.IP " 9." 4 +Each Application shall be accompanied by a filing fee in the following +amounts as may be appropriate: +.RS 4 +.IP " 1." 4 +For new or initial Franchise .....$500.00 +.IP " 2." 4 +For renewal of a Franchise .....$500.00 +.IP " 3." 4 +For a transfer of a Franchise .....$250.00 +.IP " 4." 4 +For a modification of Franchise Agreement .....$150.00 +.IP " 5." 4 +For any other relief .....$150.00 +.RE +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 5 GRANT OF FRANCHISE" +\& +.IP " 1." 4 +The City may grant or renew a Franchise for a period not to exceed +twenty (20) years in accordance with the requirements of this Ordinance +and the terms of a Franchise Agreement. +.IP " 2." 4 +The grant or renewal of a Franchise may be conditioned upon completion +of construction within times prescribed or upon performance of specific +obligations as set forth in the Franchise Agreement. +.IP " 3." 4 +In evaluating an Application for an initial Franchise, the City may +consider, among other things, the following factors: the applicant\[aq]s +technical, financial, and legal qualifications to construct and operate +the proposed System; the nature of the proposed facilities, equipment, +and services; the applicant\[aq]s experience in constructing and +operating Systems and providing Cable Service in other communities, if +any; the ability of City\[aq]s Public Ways to accommodate the proposed +System; the potential disruption to users of City\[aq]s Public Ways and +any resultant inconvenience to the public; and whether the proposal will +meet reasonably anticipated community needs and serve the public +interest. +.IP " 4." 4 +The Application shall be reviewed by the City Manager and staff to +determine whether the Application complies with all requirements of this +Ordinance. +If the Application is sufficient, the City Manager and the applicant +shall negotiate the terms and conditions of the proposed Franchise +Agreement. +The proposed Franchise Agreement must be executed by the applicant and +submitted to the Council. +The proposed Franchise Agreement shall provide that it is subject to +approval of the qualified electors of the City. +The proposed Franchise Agreement shall further provide that the +applicant acknowledges its acceptance of the proposed Franchise and the +obligation of the applicant to comply with all the provisions of this +Ordinance, the proposed Franchise Agreement and the terms and conditions +of the applicant\[aq]s proposal as submitted to the City as a part of +the Application except to the extent such items are preempted or +superseded by federal or state law. +.IP " 5." 4 +The City Council shall hold a public hearing to consider the Application +and the proposed Franchise Agreement. +Based upon the Application and the proposed Franchise Agreement, the +testimony presented at the public hearing, any recommendation of the +City Manager or staff and any other information relevant to the +Application, including the requirements of applicable federal or state +law, the Council shall determine whether to approve or disapprove the +proposed Franchise Agreement and whether to grant or deny the Franchise +Application. +.IP " 6." 4 +In the event a court of competent jurisdiction determines that federal +law does not preempt the election requirement for Franchise Agreements +as set forth in Oklahoma Constitution, Article 18, § 5(a), the Council +shall direct submission of the grant of a Franchise to a vote of the +qualified electors as required by the Oklahoma Constitution. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF" -A "\c" \ + -- "APPENDIX 2 SECTION 6 ELECTION AND COSTS THEREOF" +\& +.LP +To the extent required by applicable law, in order for a grant, +extension or renewal of a Franchise, other than a revocable permit, to +become effective, an election must be held. +A majority of the qualified electors of the City voting on the question +must vote in favor of the grant, extension or renewal of the Franchise. +No election shall be called or conducted for the purposes provided +herein, unless and until the applicant or Franchisee named therein shall +have deposited with the City, in cash, an amount estimated by the City +Clerk to be required for payment in full of those expenses of such +election, directly related to the grant or renewal issue including, +without limitation, the costs of printing and publishing. +If the final total of the expenses and costs incurred by the City for +the election exceeds the amount deposited by the Franchisee, Franchisee +shall pay to the City all excess expenses and costs and the City shall +refund to the Franchisee any overpayment of expenses and costs. +.PP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE" -A "\c" \ + -- "APPENDIX 2 SECTION 7 INSURANCE" +\& +.IP " 1." 4 +The Franchisee shall maintain throughout the term of the Franchise, at +its own cost and expense, automobile insurance on all its vehicles and +general comprehensive liability insurance, insuring the Franchisee and +the City, the Council, its officers, private sub-contractors, agents and +employees, whether elected or appointed, from and against all claims by +any Person whatsoever for loss, injury or damage to Person or property, +both real and personal, occasioned or caused by the construction, +erection, operation or maintenance of the System. +The insurance shall provide amounts of coverage not less than the +following: +.br +.br +.RS 4 +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(35.0n) lw(35.0n). +T{ +.nr LL 35.0n +General Liability Insurance +T} T{ +.nr LL 35.0n +T} +T{ +.nr LL 35.0n +Bodily Injury per Person +.br +T} T{ +.nr LL 35.0n +$1,000,000.00 +.br +T} +T{ +.nr LL 35.0n +Bodily Injury per Occurrence +.br +T} T{ +.nr LL 35.0n +2,000,000.00 +.br +T} +T{ +.nr LL 35.0n +Property Damage per Occurrence +.br +T} T{ +.nr LL 35.0n +500,000.00 +.br +T} +T{ +.nr LL 35.0n +Automobile Insurance +T} T{ +.nr LL 35.0n +T} +T{ +.nr LL 35.0n +Bodily Injury per Person +.br +T} T{ +.nr LL 35.0n +$1,000,000.00 +.br +T} +T{ +.nr LL 35.0n +Bodily Injury per Occurrence +.br +T} T{ +.nr LL 35.0n +2,000,000.00 +.br +T} +T{ +.nr LL 35.0n +Property Damage per Occurrence +.br +T} T{ +.nr LL 35.0n +500,000.00 +.br +T} +.TE +.nr LL \n[LLold] +.ad +In no event shall the coverage or amounts be less than those established +as the City\[aq]s liability limits under Oklahoma Governmental Tort +Claims Act, as may be amended from time to time. +.RE +.IP " 2." 4 +The Franchisee shall also provide workers\[aq] compensation coverage as +required by the laws of the State of Oklahoma. +.IP " 3." 4 +All insurance policies shall be with companies licensed to conduct +business in the State of Oklahoma. +.IP " 4." 4 +All insurance policies must name the City as an additional named insured +and no cancellation shall be effective, except upon thirty (30) +days\[aq] written notice to the City, and unless another policy is in +effect on or before the date of cancellation. +.IP " 5." 4 +The insurance coverage, as evidenced by the certificates of insurance +shall be filed and maintained with the City. +.IP " 6." 4 +Franchisee shall provide proof to the City of compliance with this +Section no later than the effective date of the Franchise. +.IP " 7." 4 +In the event the Franchisee fails to maintain the insurance required +herein, the City may, at its option, obtain and keep such insurance in +full force and effect. +The Franchisee shall promptly reimburse the City for such insurance +costs. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION" -A "\c" \ + -- "APPENDIX 2 SECTION 8 INDEMNIFICATION" +\& +.IP " 1." 4 +Except in the event of the City\[aq]s, its employees\[aq] or agents\[aq] +negligence or intentional acts, the Franchisee shall, at its cost and +expense, indemnify, save, hold harmless and defend the City, its +officials, boards, commissions, agents, consultants and employees +against any and all claims, suits, causes of action, demands, penalties, +liabilities, proceedings or judgments for damages or equitable relief +filed by third parties resulting from or arising out of or through: +.RS 4 +.IP " 1." 4 +Franchisee\[aq]s construction, installation, maintenance or operation of +its System. +.IP " 2." 4 +Any processes, or procedures, acts or omissions by Franchisee in +connection with the consideration of an award to Franchisee of a +Franchise and/or any amendments thereto. +.IP " 3." 4 +The conduct of Franchisee\[aq]s business, including without limitation, +any acts or omissions of Franchisee, its servants, employees, or agents, +whether or not such act or omission is authorized, required, allowed or +prohibited by this Ordinance or the Franchise Agreement. +.RE +.IP " 2." 4 +This indemnification shall include all expenses, including but not +limited to out of pocket expenses, reasonable attorneys fees and +litigation expenses incurred by the City in defending itself from such +claims and demands; provided if any action at law or suit in equity is +instituted by a third party (a \[dq]Claim\[dq]) with respect to which +the City intends to seek indemnification under this section, the City +shall promptly notify the Franchisee of such action or suit. +Franchisee shall have the right to conduct and control any Claim through +counsel of its own choosing, but the City may, at its election, +participate in a defense of any such Claim at its sole cost and expense. +.IP " 3." 4 +This indemnification shall also include, but not be limited to, claims +based on invasion of right of privacy, libel, slander, copyright +infringements, defamation, violation of trade name, service mark or +patent rights. +.IP " 4." 4 +In addition to the provisions of paragraph (b) of this Section, nothing +in this section shall prohibit the City from participating in the +defense of any litigation by its own separate counsel at its own costs. +Compliance by Franchisee with these indemnity provisions shall not limit +any other remedies available to the City, at law or equity. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND" -A "\c" \ + -- "APPENDIX 2 SECTION 9 PERFORMANCE BOND" +\& +.IP " 1." 4 +The Franchise Agreement may provide that, prior to the initial +commencement of any System construction, upgrade or other work in the +streets or other Public Ways, the Franchisee shall establish and +maintain a performance bond in favor of the City, in an amount specified +in the Franchise Agreement or other authorization as may be necessary to +ensure the Franchisee\[aq]s faithful performance of each term and +condition of this Ordinance, the Franchise Agreement and all applicable +ordinances, statutes, rules or regulations relating to the performance +of any construction, upgrade or other work which is required of the +Franchisee. +.IP " 2." 4 +In the event the Franchisee shall fail to fulfill the obligations as +imposed, or breaches any such obligations, there shall be recoverable, +jointly and severally, from the principal and sureties, any damages or +loss suffered by the City proximately resulting from the failure of the +Franchisee to faithfully perform the provisions of this Ordinance and +the Franchise Agreement, including the cost of removal of property of +Franchisee, the cost of completing the obligations of the Franchisee, +together with reasonable attorneys fees. +.IP " 3." 4 +The Franchise Agreement may provide the amounts, terms and periods of +maintenance of such performance bond. +Upon completion of all construction, upgrade or other work in the +streets or other Public Ways to the satisfaction of the City, the City +may reduce the amount of the bond to an amount determined by the City +sufficient to protect the City in the event of breach. +Bond requirements may be also reasonably increased by the City to secure +additional construction upgrade or other work. +.IP " 4." 4 +Any performance bond required by this Section shall be issued by a +surety authorized to conduct business in the State of Oklahoma. +The performance bond shall contain a restriction prohibiting +cancellation or lapse without thirty (30) days\[aq] written notice to +the City from the surety or issuer of the performance bond of its +intention to cancel or not renew. +.IP " 5." 4 +The performance bond shall be filed and maintained with the City Clerk. +.IP " 6." 4 +The rights available to the City pursuant to the performance bond are in +addition to all other rights and remedies available to the City. +The exercise of any such rights shall not be construed to excuse or +waive unfaithful performance or breach by Franchisee, or limit the +liability of the Franchisee to the City. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE" -A "\c" \ + -- "APPENDIX 2 SECTION 10 MINIMUM FACILITY AND SERVICE" +\& +.LP +The following are minimum requirements for facilities and service for +all Franchises granted by the City. +The City may agree in the Franchise Agreement to additional +requirements, where the City and Franchisee determine that additional +requirements are necessary to meet public needs, taking into account the +cost thereof. +.IP " 1." 5 +The System shall be capable of both one-way and two-way transmission and +shall be capable of delivering 110 analog channels. +.IP " 2." 5 +In instances of upgrade, the Franchisee shall exchange, upon request, at +its own expense, existing Converters for Converters capable of receiving +all available channels or services. +.IP " 3." 5 +The Franchisee shall provide, upon written request of the City, one (1) +outlet consisting of all cable channels except pay per view, pay per +program or premium (such as, HBO, Showtime and Cinemax) channels, +without installation or monthly charge to City Hall, fire stations, +police stations, and any other facility owned or occupied by the City, +subject to the buildout requirements set forth in Section 10.5. +.IP " 4." 5 +The Franchisee shall provide the same service set forth in the preceding +paragraph to all Moore public elementary, junior high and high school +facilities located within the City of Moore, subject to the buildout +requirements set forth in Section 10.5. +.IP " 5." 5 +Cable Service shall be available to every dwelling and business within +the City unless residents reside in a remote or relatively inaccessible +area or in annexed areas already served by another cable operator. +The Franchisee will build to these remote and inaccessible areas and +extend service inside the City limits on the following schedule: For +every one-fourth mile of cable plant required to serve a particular +section of the City, ten (10) or more customers must have placed orders +for service. +Expenses associated with the provision of service to businesses beyond +125 feet from an existing subscriber tap shall be at a cost agreed upon +by the Franchisee and such businesses. +.IP " 6." 5 +The Franchisee shall provide a total of two (2) Access Channels as set +forth below: +.RS 5 +.IP " 1." 4 +The Franchisee shall make available for use by the City, free of charge, +one (1) government access channel. +.IP " 2." 4 +The Franchisee shall make available for use by the public educational +institutions, free of charge, one (1) educational Access Channel. +.IP " 3." 4 +The Franchisee shall be allowed to utilize any unused time on the Access +Channels. +.RE +.IP " 7." 5 +The System shall provide leased Access Channels as required by federal +law. +.IP " 8." 5 +To the extent required by applicable law, the System shall be designed +to allow the City to interrupt Cable Service in an emergency or disaster +declared by City Manager or his designee, and if necessary, use such +facilities during the period of emergency or disaster. +This shall include a telephone access system whereby voice announcements +may be made simultaneously over all analog television channels. +This is to be a 24-hour mechanism capable of preempting the sound on all +analog channels. +The mechanism is to be accessible to authorized City or Franchisee +personnel only. +.IP " 9." 5 +The System will provide standby power to be installed at locations as +determined by Franchisee, but shall include back up power at the +headend. +The power system shall be capable of self activation at any time there +is a loss of commercial power. +.IP " 10." 5 +When constructing or reconstructing the System, the Franchisee shall +place all cable, appurtenances, and transmission facilities in +accordance with the following requirements: +.RS 5 +.IP " 1." 4 +Franchisee shall place its cable, appurtenances, and transmission +facilities underground in those areas where transmission and +distribution facilities of the existing telephone company and electric +company are located underground. +.IP " 2." 4 +Franchisee shall promptly move, at its own expense, its cable, +appurtenances, and transmission facilities underground in any area +where, during the term of a franchise, the transmission and distribution +facilities of the existing telephone company and electric company are +moved underground. +.IP " 3." 4 +Where aerial cable is allowed, Franchisee shall not erect any new poles +along any Public Way except as may be reasonably necessary to fill small +gaps in the existing aerial utility systems and only then with approval +of the City, which shall not be unreasonably withheld. +.RE +.IP " 11." 5 +Franchisee shall make no pavement cuts in the installation, maintenance, +or removal of its System, except upon written approval of the City and +upon compliance with the Moore City Code. +.IP " 12." 5 +All signals shall include any closed caption information for the hearing +impaired, as required by the FCC. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 11 SIGNAL QUALITY REQUIREMENTS" +\& +.LP +The Franchisee shall: +.IP " 1." 4 +Produce a picture, whether in black and white or in color, that is +undistorted, and accompanied with proper sound on a typical television +set in good repair. +.IP " 2." 4 +Transmit signals of adequate strength to produce undistorted picture +with proper sound to all outlets without causing cross-modulation, hum +or distortion in the System or otherwise interfering with other +electrical or electronic systems. +.IP " 3." 4 +Demonstrate, upon request and at no expense to the Subscriber, by +instrument or otherwise, that a signal of adequate strength and quality +is being delivered. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS" -A "\c" \ + -- "APPENDIX 2 SECTION 12 TECHNICAL STANDARDS" +\& +.IP " 1." 4 +The System shall meet or exceed the technical standards set forth in +this Ordinance, the Franchise Agreement, FCC or other applicable local, +federal or state technical standards as may now exist or as hereinafter +amended or adopted. +.IP " 2." 4 +Antennas, supporting structures and outside plant of the System shall be +designed to comply with recommendations of the Electronics Industry on +tower structures and outside plant, and with all federal, state or City +laws, ordinances, or rules or regulations. +.IP " 3." 4 +All construction, installation and maintenance shall comply with +building, electrical codes or other applicable laws adopted by the City +as now existing or as hereinafter amended or adopted. +.IP " 4." 4 +The Franchisee shall, upon the request of the City, perform at its +expense, proof of performance tests designed to demonstrate compliance +with the technical requirements of this Ordinance, the Franchise +Agreement and the then existing FCC requirements, provided, if the City +requests such tests more than annually it shall pay all costs associated +with such test. +.IP " 5." 4 +The System shall not be designed or operated in any manner which will +significantly interfere with any broadcast station, any electrical +system or antennas for reception of television or other broadcast +signals as detailed in the FCC rules regarding signal quality. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES" -A "\c" \ + -- "APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF POLES" +\& +.IP " 1." 4 +No poles or other wire-holding structures shall be erected by the +Franchisee without prior approval of the City. +The Franchisee shall have no vested interest in the location of any pole +or wire holding structure. +Such poles or structures shall be removed or modified by Franchisee at +its own expense whenever the City determines that public convenience +would be enhanced thereby. +.IP " 2." 4 +In the event poles or other wire-holding structures are already existing +for use in serving the City and are available for use by the Franchisee, +and the Franchisee does not make arrangements for such use, the City may +require the Franchisee to use such poles or structures, upon reasonable +terms and conditions, if the City determines that the public convenience +would be enhanced thereby, and the terms of the use available to the +Franchisee are just and reasonable. +.IP " 3." 4 +Where a public utility serving the City desires to make use of the poles +or other wire-holding structures of the Franchisee, but an agreement +therefor with the Franchisee cannot be reached, the City may require the +Franchisee to permit such use for such consideration and on such terms +as the City shall determine to be just and reasonable, taking into +account pole rates charged Franchisee by the public utility and the pole +rates established by FCC rules and regulations, if the City reasonably +determines that the use would enhance the public convenience and would +not unduly interfere with operations of the Franchisee. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 14 SAFETY REQUIREMENTS" +\& +.IP " 1." 4 +The Franchisee shall at all times employ ordinary care and shall install +and maintain in use commonly accepted methods and devices for preventing +failures and accidents which are likely to cause damage, injuries or +nuisances to the public. +.IP " 2." 4 +The Franchisee shall install and maintain its wires, cable, fixtures and +other equipment in accordance with the National Electrical Safety Code +and the National Electrical Code, as adopted by the City and as the same +may respectively be amended or replaced, and all applicable state and +local laws codes and ordinances. +.IP " 3." 4 +All structures and all lines, equipment, and connections in, over, under +and upon the streets, sidewalks, alleys and Public Ways or places of the +City, wherever situated or located, shall at all times be kept and +maintained in a safe, suitable, substantial condition, and in good +repair. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST" -A "\c" \ + -- "APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON REQUEST" +\& +.IP " 1." 4 +Upon termination of service by any Subscriber, the Franchisee shall +promptly remove all its facilities and equipment from the premises of +such Subscriber upon his request. +.IP " 2." 4 +The question of ownership of wiring installed inside the residence or +business of a Subscriber shall be determined by the rules promulgated by +the FCC. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS" -A "\c" \ + -- "APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND REFUNDS" +\& +.IP " 1." 4 +\f[I]Rate Regulations\f[R]. +.RS 4 +.IP " 1." 4 +The rates and charges made to Subscribers for basic cable television +service and related equipment shall be determined pursuant to the FCC +Rules and Regulations, to the extent applicable. +The Council shall have the authority to regulate such rates and charges +in accordance with the FCC rules and regulations, which are incorporated +by reference. +.RE +.IP " 2." 4 +\f[I]Rate and Charge Limitations\f[R]. +.RS 4 +.IP " 1." 4 +The Franchisee may require Subscribers to pay for Cable Service one +month in advance. +No other advance payment, penalty or deposit other than a late fee +imposed by Section 16(b)(3). +below shall be required by the Franchisee for Cable Service except where +a particular Subscriber has a bona fide credit problem. +.IP " 2." 4 +If in the future the state of Oklahoma regulates the rates of the +Franchisee for the service provided for in a Franchise, this section +shall be of no effect during such state regulation to the extent of any +conflict herewith. +.IP " 3." 4 +Franchisee may charge a fee for the recovery of costs incurred to +collect late payments for Cable Services if the following conditions +have been met: +.RS 4 +.IP " 1." 4 +The subscriber\[aq]s bill sets forth when the fee will be assessed; +.IP " 2." 4 +The fee is not assessed any earlier than the tenth (10th) day after the +due date as reflected on the subscriber\[aq]s bill; and +.IP " 3." 4 +The bill sets forth the amount of the fee. +Any fee imposed by Franchisee that does not exceed $6.00 in Year 2000 +dollars (as adjusted annually for inflation based on the Consumer Price +Index) shall be presumed reasonable to cover the costs associated with +the delinquent payment. +The assessment of a fee pursuant to this section shall not be construed +as a limitation on Franchisee\[aq]s right to charge any other lawful +fees or charges. +.RE +.IP " 4." 4 +Subscribers shall not be charged a late fee or otherwise penalized for +any failure by the Franchisee, its employees, or contractors, to timely +or correctly bill the Subscriber, or fail to properly credit the +Subscriber for a payment timely made. +.RE +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS" -A "\c" \ + -- "APPENDIX 2 SECTION 17 CUSTOMER SERVICE REQUIREMENTS" +\& +.IP " 1." 4 +The Franchisee shall render efficient service, make repairs promptly, +and interrupt service only for good cause and for the shortest time +possible. +The requirements established in this section shall be deemed minimum +service standards and may be supplemented by terms of the Franchise +Agreement or mutually agreed upon amendments to this Ordinance. +.IP " 2." 4 +All employees of the Franchisee who are involved in field work which +require the employee to enter onto private property shall wear, on the +outside of clothing, a photograph identification badge. +.IP " 3." 4 +Telephone availability requirements may be provided by equipment and +personnel located at the regional office or other offices of the +Franchisee. +Compliance records shall be maintained for the operations within the +City at Franchisee\[aq]s regional office. +.IP " 4." 4 +The Franchisee shall provide a listed local or toll free telephone +number which will be available to Subscribers and members of the public +twenty-four (24) hours a day, seven days a week. +.IP " 5." 4 +The Franchisee shall adhere to the Customer Service Standards mandated +by the FCC, which are incorporated by reference. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS" -A "\c" \ + -- "APPENDIX 2 SECTION 18 POLE AGREEMENTS; REGULATIONS" +\& +.IP " 1." 4 +All transmission and distribution structures, and equipment erected by +the Franchisee within the City shall be so located as to cause minimum +interference with the proper use of streets, alleys, and other Public +Ways and places, and to the extent feasible, to cause minimum +interference with the rights and reasonable convenience of property +owners who join any of the said streets, alleys or other Public Ways and +places, while allowing the Franchisee to adequately perform its +requirements under the Franchise. +.IP " 2." 4 +It shall be the responsibility of the Franchisee to obtain the necessary +pole attachment agreements from the City and/or private utility +companies using poles within the City. +.RS 4 +.IP " 1." 4 +Upon request, all pole attachment agreements obtained from public and +private utility companies shall be made available to the City Clerk. +.IP " 2." 4 +All pole attachment agreements with the City shall be negotiated and +approved by the Council. +.RE +.IP " 3." 4 +If, at any time during the period of a Franchise, the City shall +lawfully elect to alter or change the grade of any street, sidewalk, +alley, or other Public Way, the Franchisee, upon reasonable notice by +the City, shall remove, relay, and relocate its poles, wires, cables, +underground conduits, manholes, and other fixtures at its own expense. +.IP " 4." 4 +Any poles or other fixtures placed in any Public Way by the Franchisee +shall be placed in such a manner as not to interfere with the usual +travel on such Public Way. +.IP " 5." 4 +The Franchisee shall, on the request of any Person holding a building +moving permit issued by the City, temporarily raise or lower its +facilities to permit the moving of buildings. +The expense of such temporary removal or raising or lowering of +facilities to permit the moving of buildings shall be paid by the Person +requesting the same, and the Franchisee shall have the authority to +require such payment in advance. +The Franchisee shall be given not less than seven (7) days\[aq] advance +notice to arrange for such temporary facility changes. +.IP " 6." 4 +A Franchisee shall not place its facilities, equipment or fixtures where +they will unduly interfere with public utility facilities or equipment, +nor obstruct or hinder the service of such utilities to the residents. +.IP " 7." 4 +The City may issue such rules and regulations concerning the +installation and maintenance of the System as may be consistent with +this Ordinance, the Franchise Agreement and applicable law. +.IP " 8." 4 +Upon completion of any work, the Franchisee shall restore all property +to its former condition. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS" -A "\c" \ + -- "APPENDIX 2 SECTION 19 RESERVATION OF RIGHTS" +\& +.IP " 1." 4 +The right is hereby reserved to the Council to adopt, in addition to the +provisions contained herein and in existing applicable ordinances, such +additional regulations as it shall find necessary in the exercise of its +lawful police powers or powers granted to the City by federal or state +law. +However, such regulation, by ordinance or otherwise, shall be +reasonable, of general applicability, and not in conflict with the +material rights herein granted. +.IP " 2." 4 +The City shall have the right to inspect the books, records, maps, +plans, and other like materials of the Franchisee reasonably necessary +to enforce any Franchise granted hereunder, at any time upon reasonable +written notice and during Normal Business Hours. +.IP " 3." 4 +The City shall have the right, during the life of a Franchise, to +install and maintain for a fee, upon the poles of the Franchisee any +wire and pole fixtures that do not interfere with the System of the +Franchisee. +.IP " 4." 4 +The City shall have the right to inspect all construction or +installation work performed, within public ways subject to the +provisions of this nonexclusive Franchise and other pertinent provisions +of the state and local law. +In the event City inspection(s) reveal(s) that the Franchisee has +failed, in the City\[aq]s reasonable judgment, to fulfill its obligation +under the terms of this nonexclusive Franchise, the City shall notify +the Franchisee, in writing, of its specific deficiencies. +Absent commencement of corrective action or filing of a request for +review before the City Council by the Franchisee within thirty (30) days +of receipt of said notification, the City may undertake the necessary +repairs or restoration at the Franchisee\[aq]s sole expense. +.IP " 5." 4 +At the expiration of the term for which a Franchise is granted, or upon +its termination as provided herein, and absent a Franchise renewal, the +Council may require the Franchisee to continue operations for a period +not to exceed six (6) months from the date of the Council\[aq]s +decision. +In the event of non-renewal of the Franchise, the Franchisee shall have +one hundred eighty (180) days from the date it ceases operations to +remove, at its own expense, all portions of its System from all Public +Ways within the City and to restore said Public Ways to a condition +reasonably satisfactory to the City taking into account normal wear and +tear. +.IP " 6." 4 +Upon the non-renewal of a Franchise as provided for herein, the City, at +its election, and upon the payment of a sum equal to the fair market +value to the Franchisee as provided by Subsection (G), shall have the +right to purchase and take over the System in its entirety. +Upon the exercise of this option and the payment of the above sum by the +City and its service of an official notice of such action upon the +Franchisee, the Franchisee shall immediately transfer to the City +possession and title to all facilities and property, real and personal, +of the System, free from any and all liens and encumbrances not agreed +to be assumed by the City in lieu of some portion of the purchase price +set forth above; and the Franchisee shall execute such warranty deeds or +other instruments of conveyance to the City as shall be necessary for +this purpose. +.IP " 7." 4 +Upon the exercise of the option by the City to purchase and take over +the System in its entirety, the fair market value to the Franchisee of +the System shall be determined by three (3) disinterested parties, one +of such parties to be selected by the City, another to be selected by +the Franchisee, and the two (2) parties so selected shall mutually agree +upon a third party. +When all three (3) parties have been selected, they shall proceed to +appraise the System and determine the fair market value of the System as +a going concern, but with no value allocated to the Franchisee itself, +which determination shall be binding upon the City and the Franchisee. +In the event the two (2) parties selected by the City and Franchisee are +unable to agree upon a third party, then the presiding District Judge of +Cleveland County, Oklahoma, or his designee shall serve as the third +party. +The party selected by the City shall be with approval of the Council. +However, if the City no longer desires to acquire the System after its +value is determined, the City may, without penalty or waiver of future +rights to acquire the System, abandon its intention to acquire the +System. +The cost of the appraisal shall be shared equally between the City and +Franchisee. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES" -A "\c" \ + -- "APPENDIX 2 SECTION 20 OWNERSHIP OF FACILITIES" +\& +.LP +A Franchisee shall at all times be the full and complete owner of all +facilities and property, real and personal, of the System, except for +customer premises equipment, unless mortgaged, leased, or pledged. +.PP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED" -A "\c" \ + -- "APPENDIX 2 SECTION 21 DISCRIMINATION PROHIBITED" +\& +.IP " 1." 4 +A Franchisee shall have a rate structure which is uniform throughout its +Cable Service Area to the extent required by applicable law. +.IP " 2." 4 +No Franchisee may in its rates or charges, or in the availability of the +services or facilities of its System, or in any other respect, make or +grant undue preferences or advantages to any Subscriber, potential +Subscriber, or group of Subscribers or potential Subscribers, nor +subject any such Persons or group of Persons to any undue prejudice or +any disadvantage; provided, however, a Franchisee may offer discounts or +promotions in order to attract or maintain Subscribers provided that +such discounts or promotions are offered on a non-discriminatory basis. +A Franchisee shall not deny, delay, or otherwise burden service or +discriminate against Subscribers or users on the basis of age, race, +creed, religion, color, sex, handicap, national origin, marital status, +or political affiliation, except for discounts for the senior citizens, +handicapped, or economical disadvantaged group which are applied in a +uniform and consistent manner. +.IP " 3." 4 +A Franchisee shall not deny Cable Service to any potential Subscriber +because of the income of the residents of the area in which the +Subscriber resides. +.IP " 4." 4 +A Franchisee shall not refuse to employ, nor discharge from employment, +nor discriminate against any Person in compensation or in terms, +conditions or privileges of employment because of age, race, creed, +religion, color, sex, handicap, national origin, marital status, or +political affiliation. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES" -A "\c" \ + -- "APPENDIX 2 SECTION 22 LIQUIDATED DAMAGES" +\& +.IP " 1." 4 +Because failure of the Franchisee to comply with the material provisions +of this Franchise may result in injury to the City, the extent of which +will be difficult to estimate, the following liquidated damages shall +apply to the injury specified: +.RS 4 +.IP " 1." 4 +For failure to substantially complete construction or rebuild in +accordance with this Ordinance or the Franchise Agreement, Franchisee +shall pay Two Hundred Fifty Dollars ($250.00) a day for each day or +portion thereof the violation occurs or continues. +.IP " 2." 4 +For repeated failure to timely provide data, documents, reports or +information as required, Franchisee shall pay Two Hundred Fifty Dollars +($250.00) per day or a portion thereof, if the violation occurs or +continues. +.IP " 3." 4 +For repeated violation of subscriber service standards, Franchisee shall +pay Fifty Dollars ($50.00) per day, or a portion thereof, if the +violation occurs or continues. +.IP " 4." 4 +For failure to comply with technical and System requirements, Franchisee +shall pay One Hundred Dollars ($100.00) per day, or a portion thereof, +if the violation occurs or continues. +.IP " 5." 4 +For failure to comply with any other material provision of this +Ordinance or the Franchise Agreement the Franchisee shall pay One +Hundred Fifty Dollars ($150.00) per day, or a portion thereof, if the +non-compliance continues. +.IP " 6." 4 +For willful failure to comply with lawful orders or directives of the +City, Franchisee shall pay One Hundred Dollars ($100.00) per day, or a +portion thereof, if the non-compliance continues. +.RE +.IP " 2." 4 +Prior to the imposition of any liquidation damages by the City, the City +shall comply with the procedures set forth in Section 23, below. +.IP " 3." 4 +Payment of such damages shall not relieve the Franchisee of its +obligation to comply with the terms of the Franchise. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES" -A "\c" \ + -- "APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT REMEDIES" +\& +.IP " 1." 4 +In the event Franchisee violates or is in default of the material +provisions of this Ordinance or the Franchise Agreement, the City shall +notify the Franchisee in writing of the exact nature of the alleged +violation or default. +.IP " 2." 4 +Franchisee shall have thirty (30) days from the receipt of a written +notice of default to: (a) respond contesting the alleged assertion of +default, or (b) cure such default or, in the event that, by the nature +of the default, such default cannot be cured within the thirty (30) day +period, institute reasonable steps to remedy such default and notify the +City or Council of the steps being taken and the projected date of +compliance. +.IP " 3." 4 +In the event the Franchisee contests the assertion of a default or fails +to respond to a notice of default or the alleged default is not remedied +or remedy commenced within the time required, the Council shall schedule +a hearing to investigate the default. +The Council shall notify the Franchisee of the time and place of such +hearing and provide Franchisee with a full and fair opportunity to +present witnesses and other evidence and be heard. +.IP " 4." 4 +In the event the Council, after such hearing, finds or determines that +the Franchisee has violated or is otherwise in default of a material +provision of this Ordinance or the Franchise Agreement, which for +purposes of subparagraph (d)(3) below shall be a finding of a default of +such material provision of this Ordinance or the Franchise Agreement, +the City shall have the right to seek one of the following remedies: +.RS 4 +.IP " 1." 4 +Order Franchisee to cure default; or +.IP " 2." 4 +Impose liquidated damages or penalties as provided in this Ordinance or +the Franchise Agreement which shall be paid within five (5) business +days following such imposition. +Payment of liquidated damages shall not relieve Franchisee of its +obligation to comply with Franchise requirements; or +.IP " 3." 4 +Revoke or terminate the Franchise following the procedures specified in +this Ordinance. +.RE +.IP " 5." 4 +In addition to such remedies, the City reserves to itself all other +remedies which may be available at law or equity and may seek such +relief from any court of competent jurisdiction. +.IP " 6." 4 +Failure of the City to exercise its rights of enforcement for any +violation by Franchisee shall not be deemed a waiver of the City to +enforce any Franchise requirement or to seek appropriate enforcement +remedies for subsequent violations of any nature. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE" -A "\c" \ + -- "APPENDIX 2 SECTION 24 FRANCHISE FEE" +\& +.IP " 1." 4 +As compensation for the use of valuable Public Ways and privileges +granted to operate a System, and to defray the cost of the regulation, +Franchisee shall pay to the City a Franchise fee of Franchisee\[aq]s +Gross Revenues received from the operation of its System to provide +Cable Service within the City, based on the following schedule: +.RS 4 +.IP " 1." 4 +Three percent (3%) for revenue through December 31, 2003; +.IP " 2." 4 +Four percent (4%) for revenue from January 1, 2004, through December 31, +2005; and +.IP " 3." 4 +Five percent (5%) for revenue on and after January 1, 2006. +.RE +.IP " 2." 4 +The Franchise fee shall be payable to the City on a monthly basis and +shall be due no later than forty five (45) days after the end of the +month for which the Franchise fee is being calculated. +.IP " 3." 4 +In the event the Franchise fee payment is not received by the City on +the due date, the Franchisee shall be assessed interest on any +delinquency from the due date until paid in full at the rate of ten +percent (10%) per annum. +In the event any Franchise fee shall be delinquent for more than 90 +days, the Franchisee shall, after 10 days\[aq] written notice from the +City, be deemed in material default and subject to the provisions of +this Ordinance regarding termination of a Franchise. +.IP " 4." 4 +The Franchisee shall submit with each payment a report showing the +amount of Gross Revenues for the preceding quarter on which the +Franchise fee is determined. +Additionally, Franchisee shall submit to the City an annual revenue +audit statement within three (3) months of the close of the fiscal year, +setting forth the computation of Gross Revenues for the preceding year +and an explanation of the method of computation. +The required reports and annual revenue audit statement shall be +prepared at the expense of the Franchisee on forms reasonably acceptable +to the City and certified by the Franchisee\[aq]s chief financial +officer or authorized designee. +The same reports shall be due within ninety (90) days of the termination +of the Franchise. +.IP " 5." 4 +Except as otherwise provided in the Cable Act and FCC Regulations, all +payments required by this section shall be in addition to all other fees +and payments required to be made by Franchisee to the City. +.IP " 6." 4 +Acceptance by the City of any payment shall not be construed as an +accord or satisfaction that such payment is correct, nor shall +acceptance be construed as a release of any claim the City may have for +additional sums which may be due. +.IP " 7." 4 +The City shall have the right, at its cost and upon reasonable notice, +to inspect and audit all books and records of the Franchisee which may +be necessary for the determination of Gross Revenues and computation of +Franchise fees due, such audit period not to exceed the prior 3 years. +If it is finally determined that Franchise fees have been underpaid in +an amount in excess of ten percent (10%), the cost of audit shall be +paid by the Franchisee. +The books and records necessary for such audit shall be maintained by +the Franchisee at Franchisee\[aq]s Regional office. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 25 RENEWAL OF FRANCHISE" +\& +.LP +Renewal of a Franchise shall be conducted in a manner consistent with +Franchise renewal provisions of the Cable Act, including without +limitations Sections 626 and 627 of the Cable Act as may be amended, and +to the extent consistent therewith, the following additional +requirements shall apply: +.IP " 1." 4 +Should the formal renewal process set forth in the Cable Act be invoked, +the City shall, upon completion of the review and evaluation process, +notify the Franchisee that it may file a renewal Application. +The notice shall specify the information to be included in the renewal +Application and the deadline for filing the Application, which shall be +no earlier than sixty (60) calendar days following the date of the +notice. +Upon receipt of the renewal Application, the City shall publish notice +of its receipt and make copies available to the public. +The City may hold one or more public hearings on the renewal +Application. +.IP " 2." 4 +At the conclusion of the public hearings on the renewal Application, the +Council will either: +.RS 4 +.IP " 1." 4 +Pass a resolution agreeing to renew the Franchise, subject to the +negotiation of a Franchise Agreement reasonably satisfactory to the City +and the Franchisee; or +.IP " 2." 4 +Pass a resolution that makes a preliminary assessment that the Franchise +should not be renewed. +.RE +.IP " 3." 4 +If a preliminary assessment is made that a Franchise should not be +renewed, at the request of the Franchisee or on its own initiative, the +City will commence a proceeding, in accordance with the appropriate +sections of the Cable Act, to address the issues set forth in the Cable +Act. +.IP " 4." 4 +The City and Franchisee may engage in informal renewal discussions at +any time prior to or during the formal renewal process. +Any request to initiate a renewal process or proposal for renewal not +submitted within the time period set forth in the Cable Act, shall be +deemed an informal proposal for renewal. +The City may hold one or more public hearings or implement other +procedures under which comments from the public on an informal proposal +for renewal may be received. +Following such public hearings or other procedures, the Council shall +determine whether the Franchise should be renewed and the terms and +conditions of any renewal. +.IP " 5." 4 +If the Council grants a renewal Application, the City and the Franchisee +shall agree on the terms of a Franchise Agreement, and comply with the +procedures specified in this Ordinance, before such renewal becomes +effective. +.IP " 6." 4 +If renewal of a Franchise is denied, the City may acquire ownership of +the System as provided in this Ordinance or the Franchise Agreement, or +at the request of the Franchisee, effect a transfer of ownership of the +System to another Person upon approval of the Council. +Any such acquisition or transfer shall be at fair market value, +determined on the basis of the System valued as a going concern. +.IP " 7." 4 +If renewal of a Franchise is denied and the City does not purchase the +System or approve or effect a transfer of the System to another Person, +the City may require the former Franchisee to remove its facilities and +equipment at the former Franchisee\[aq]s expense. +If the former Franchisee fails to do so within a 6 month period of time, +the City may have the removal done at the former Franchisee\[aq]s and/or +surety\[aq]s expense. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 26 TRANSFER OF A FRANCHISE" +\& +.IP " 1." 4 +No Transfer of a Franchise shall occur without prior approval of the +City, which shall not be unreasonably withheld, conditioned or delayed. +.IP " 2." 4 +An Application for a Transfer of a Franchise shall provide complete +information on the proposed transaction, including details on the legal, +financial and technical qualifications of the transferee, to the extent +required by FCC rules. +.IP " 3." 4 +At least one hundred and twenty (120) calendar days prior to the +contemplated effective date of a Transfer, Franchisee shall submit to +the City an Application, together with any required FCC transfer forms, +for approval of the Transfer. +To the extent consistent with FCC rules, such Application and/or the FCC +forms shall include the following: +.RS 4 +.IP " 1." 4 +A statement of the reason for the contemplated transfer. +.IP " 2." 4 +The name, address and telephone number of the proposed transferee. +.IP " 3." 4 +A detailed statement of the corporate or other business entity +organization of the proposed transferee, including but not limited to +the following: +.RS 4 +.IP " 1." 4 +The names, business addresses, state of residence and country of +citizenship of all general partners and corporate officers of the +proposed transferee. +.IP " 2." 4 +The names, business addresses, state of residence and country of +citizenship of all Persons and entities having, controlling, or being +entitled to have or control ten percent (10%) or more of the ownership +of the proposed transferee and the respective ownership share of each +such Person or entity. +.IP " 3." 4 +The names and addresses of any parent or subsidiary of the proposed +transferee and of any other business entity owning or controlling in +whole or in part or owned or controlled in whole or in part by the +proposed transferee. +.IP " 4." 4 +A detailed and complete financial statement, or annual report, of the +proposed transferee, or a letter or other acceptable evidence in writing +from the proposed transferee\[aq]s lending institution or funding +source, addressed to both the proposed transferee and the City, setting +forth a clear statement of its intent as a lending institution or +funding source to provide whatever capital shall be required by the +proposed transfer to construct, install, maintain and operate the +proposed System in the City. +.IP " 5." 4 +A detailed description of all previous experience of the proposed +transferee in operating Systems and providing Cable Services or related +or similar services, including a statement identifying, by place and +date, any other cable Franchise(s) awarded to the proposed transferee, +its parent, subsidiaries, or affiliates currently operating or in the +status of transfer; the status of said Franchise(s) with respect to +completion thereof. +.IP " 6." 4 +Other information the City may reasonably request consistent with FCC +regulations. +.RE +.RE +.IP " 4." 4 +In making a determination on whether to grant an Application for a +Transfer of a Franchise, the City Council, in good faith, shall consider +the legal, financial and technical qualifications of the transferee to +operate the System; whether the incumbent Franchisee is in material +compliance with its Franchise Agreement and this Ordinance and, if not, +the Franchisee\[aq]s or proposed transferee\[aq]s commitment to cure +such material noncompliance. +.IP " 5." 4 +No Application for a Transfer of a Franchise shall be granted unless the +transferee agrees in writing that it will abide by and accept all terms +of this Ordinance and the Franchise Agreement, and that it will assume +the obligations and liabilities of the previous Franchisee under this +Ordinance and the Franchise Agreement. +.IP " 6." 4 +Approval by the City of a Transfer of a Franchise does not constitute a +waiver or release of any of the rights of the City under this Ordinance +or the Franchise Agreement, whether arising before or after the date of +the transfer. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS" -A "\c" \ + -- "APPENDIX 2 SECTION 27 MAPS, REPORTS AND RECORDS" +\& +.IP " 1." 4 +A Franchisee shall, within One Hundred Twenty (120) days of the +execution of the Franchise Agreement, make available a map of the City +showing the proposed construction schedule of the Franchisee. +A Franchisee shall also, upon request, make available with the City +Engineer a \[dq]route\[dq] map of the existing System. +The maps shall be updated any time route changes are made in the System. +.IP " 2." 4 +The City reserves the right to review complete detailed maps of the +Franchisee\[aq]s network on an as needed basis at the Regional office of +the Franchisee. +The City and its designees agree that information listed on the detailed +maps is considered proprietary, and subject to non-disclosure to outside +parties pursuant to confidentiality provisions of this Ordinance. +.IP " 3." 4 +A Franchisee shall, upon request, file with the City an annual report +reflecting the cable activities concerning the City that includes the +following information: +.RS 4 +.IP " 1." 4 +A summary of the immediate past year\[aq]s activities of the System, +including for example, service initiated or discontinued, number of +Subscribers, homes passed, miles of cable, a comparison of construction +schedules, including upgrades, with projections previously provided the +City, and a showing of any change in charges or rates. +.IP " 2." 4 +A summary of Subscriber or consumer complaints, identifying the types of +the complaints and the disposition. +Where the complaints involve recurrent system problems, the summary +shall state the nature of such problems and corrective measures taken. +The City may require additional information. +.IP " 3." 4 +If the Franchisee is a corporation, a list of all officers and members +of the board of directors. +If the stock or ownership interests of the corporation or any parent +corporation are publicly traded, a copy of its most recent annual report +shall be provided, together with the most recent financial reports filed +with the Securities and Exchange Commission. +.IP " 4." 4 +If the Franchisee is a partnership, a list of the partners, including +limited partners and their addresses. +If the general partner is a corporation, a list of officers and members +of the board of directors of the corporate general partners. +Where such ownership interests are publicly traded, a copy of its most +recent annual report. +.IP " 5." 4 +If the Franchisee is a Limited Liability Company or similar legal +entity, a list of members and their addresses. +Where ownership of such entity is publicly traded, a copy of the most +recent annual report. +.IP " 6." 4 +A copy of the Franchisee\[aq]s rules and regulations applicable to +Subscribers and customers of the System. +.IP " 7." 4 +A report indicating the types of discounts and promotions offered in the +prior year. +.IP " 8." 4 +A detailed description of all services and a schedule of all rates, fees +and charges for all such services, including discounts and promotions. +.RE +.IP " 4." 4 +In order to assure full disclosure, a Franchisee shall keep on file with +the City Clerk, at least annually, a current list of officers, directors +and the names of all partners or known stockholders holding 10 percent +(10%) or more ownership in the Franchisee or any parent corporation. +.IP " 5." 4 +A Franchisee shall maintain all books and records and supporting data +for information in the annual report available for inspection by the +City for purposes of ascertaining compliance with requirements of this +Ordinance or Franchise Agreement. +.IP " 6." 4 +Franchisee shall maintain a complete set of books and records, including +plans, contracts, engineering, accounting, financial, statistical, +Subscriber and service records for operations at its Regional office. +The records shall be provided in a manner to permit complete inspection +of the records of the Moore operation. +.IP " 7." 4 +The City shall have the right to inspect at Franchisee\[aq]s Regional +office the books, maps and records specified in this Ordinance and such +other records as may be reasonably required by the City to perform its +regulatory responsibilities under the Ordinance and the Cable Act. +The City agrees to carry out any such inspection at reasonable hours and +upon reasonable notice. +Access by the City to Franchisee\[aq]s books and records shall not be +denied on grounds that such books and records contain proprietary or +confidential information, provided, the City agrees to maintain the +confidentiality of any such information. +.IP " 8." 4 +The City shall accord all books, maps and records that it inspects under +this Section the maximum degree of confidentiality such books, maps and +records are entitled to under this Ordinance, federal or state law. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION" -A "\c" \ + -- "APPENDIX 2 SECTION 28 ADMINISTRATION" +\& +.IP " 1." 4 +The City Manager, either directly or through a duly appointed designee, +shall have the responsibility for overseeing the day-to-day +administration of this Ordinance and Franchise Agreements. +The City Manager shall be empowered to take all administrative actions +on behalf of the City, except for those actions specified in this +Ordinance that are reserved to the Council. +The City Manager may recommend that the Council take certain actions +with respect to the Franchise. +The City Manager shall keep the Council apprised of developments in +cable and provide the Council with assistance, advice and +recommendations as appropriate. +.IP " 2." 4 +A Franchisee shall have the right to appeal to the Council any decision +of the City Manager relating to such Franchisee or its Franchise +Agreement. +Such appeal must be made by written request within fifteen (15) calendar +days of the City Manager\[aq]s written decision which the Franchisee +seeks to appeal. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY" -A "\c" \ + -- "APPENDIX 2 SECTION 29 SUBSCRIBER PRIVACY" +\& +.IP " 1." 4 +A Franchisee shall protect the privacy of all Subscribers pursuant to +the provisions of the Cable Act. +A Franchisee shall not condition Subscriber service on the +Subscriber\[aq]s grant of permission to disclose information which, +pursuant to local, federal or state law, cannot be disclosed without the +Subscriber\[aq]s explicit consent. +.IP " 2." 4 +Except as permitted by Federal law the Franchisee, its agents and +employees shall not, without the prior and specific written +authorization of Subscriber involved, sell, or otherwise make available +for commercial purposes personally identifiable information of any +Subscriber or Subscribers, or any information which identifies the +individual viewing habits of any Subscriber or Subscribers. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS" -A "\c" \ + -- "APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND STANDARDS" +\& +.IP " 1." 4 +A Franchisee shall comply with all FCC rules, regulations and technical +standards adopted by the FCC which pertain to the operation of the +System. +.IP " 2." 4 +A Franchisee shall maintain at its city or regional office, and make +available for the public inspection, copies of all reporting forms +required to be filed by the FCC, including but not limited to FCC forms +325 and 395-A. +A Franchisee shall provide the City a copy of all such reports, upon +request, within thirty (30) days of the City\[aq]s request. +.IP " 3." 4 +A Franchisee shall file with the City, upon request, copies of all +complaints, petitions, communications, and orders filed with or received +from the FCC, SEC, EEOC, FAA or other federal or state regulatory +commissions or agencies having jurisdiction over the Franchisee and its +operation of a System. +In addition, the Franchisee shall provide the same information on all +lawsuits or proceedings in which the Franchisee is a named party and the +proceedings, litigation or filing involves the Franchisee\[aq]s +operations within the City. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES" -A "\c" \ + -- "APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES" +\& +.IP " 1." 4 +A Franchise granted hereunder shall be subject to all applicable +provisions of the laws of the United States, the State of Oklahoma and +City ordinances, and any amendments thereto. +.IP " 2." 4 +The Franchisee shall, at all times during the life of a Franchise, be +subject to all lawful powers of the State of Oklahoma and the City and +to such reasonable regulations of general applicability as the State and +City shall hereafter provide. +.IP " 3." 4 +The Franchisee shall conform to all zoning and platting requirements of +the City prior to the commencement of any and all construction work. +.IP " 4." 4 +The Franchisee shall obtain building permits for all buildings +constructed, pay all building permit fees, tap charge fees, and all +other fees as required by the ordinances of the City and at the rates +that are in full force and effect at the time of Application for +building permits. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE" -A "\c" \ + -- "APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF FRANCHISE" +\& +.IP " 1." 4 +In addition to all other rights and powers pertaining to the City by +virtue of a Franchise or otherwise, the City reserves the right to +revoke, terminate and cancel the Franchise and all rights and privileges +of the Franchisee hereunder in the event that the Franchisee: +.RS 4 +.IP " 1." 4 +Violates any material provision of this Ordinance or a Franchise +Agreement, or any material rule, order, or determination of the Council +made pursuant to this Ordinance or the Franchise Agreement, except where +such violation is without fault or through excusable neglect. +.IP " 2." 4 +Executes an assignment for the benefit of creditors or is a party to an +appointment of a receiver or trustee to control the business of the +Franchisee, whether in a receivership, reorganization bankruptcy, or +other action or proceeding which indicate the Franchisee is insolvent or +unable to pay its debts as they accrue; provided, if such assignee, +receiver or trustee executes an agreement, approved by the court having +jurisdiction, assuming and agreeing to be bound by the terms and +condition of this Ordinance and the Franchise Agreement the Council may +approve the continuation of the Franchise during such appointment. +.IP " 3." 4 +Practices any finally adjudicated fraud or deceit upon the City or its +citizens. +.IP " 4." 4 +Disposes of any of the facilities or property of its System to prevent +the City from purchasing same, as provided for herein. +.IP " 5." 4 +Is a party to foreclosure or other judicial sale of facilities, +equipment or property of Franchisee unless the City approves the +transfer of the Franchise to the successful bidder in accordance with +the provisions of this Ordinance and the successful bidder agrees with +the City to be bound by this Ordinance and the Franchise Agreement. +.RE +.IP " 2." 4 +Upon the occurrence of any event in this section or any other section +providing for termination, the City Manager shall make written demand by +registered mail that the Franchisee correct or cure such default. +If the Franchisee fails, refuses or neglects to comply or commence +compliance with the demand which is within the control of the Franchisee +for a period of thirty (30) days following receipt of such written +demand, the City Manager may place a request for revocation of the +Franchise on a regular or special Council meeting agenda. +The City Manager shall cause to be served upon the Franchisee, at least +ten (10) days prior to the date of such Council meeting, a written +notice of his intent to request such revocation, and the time and place +of the meeting. +.IP " 3." 4 +The Council shall consider the request of the City Manager and shall, +after notice, hear any Persons interested therein, including giving the +Franchisee a full and fair opportunity to be heard, and shall determine, +in its discretion, after due consideration of any and all evidence +presented, whether or not any failure, refusal or neglect by the +Franchisee constitutes cause for revocation of the Franchise. +Subject to applicable federal and state law, in the event the City, +after such hearing, determines that Franchisee is in default of any +material provision of this Ordinance or the Franchise Agreement, the +City may: +.RS 4 +.IP " 1." 4 +Commence an action at law for monetary damages or seek other equitable +relief; +.IP " 2." 4 +Declare the Franchise to be terminated; or +.IP " 3." 4 +Seek specific performance of any provision, which reasonably lends +itself to such remedy, as an alternative to damages or termination of +the Franchise. +The Franchisee shall not be relieved of any of its obligations to comply +promptly with any provision of the Franchise by reason of any failure of +the City to enforce prompt compliance. +Franchisee may appeal any determination of the City that Franchisee is +in default to any court of competent jurisdiction. +.RE +.IP " 4." 4 +The Franchisee shall not be held in default with any provision of its +Franchise or this Ordinance, nor suffer any enforcement or penalty +relating thereto, where such alleged default is caused by acts of God, +power outages, or other events reasonably beyond the power of the +Franchisee to control. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS" -A "\c" \ + -- "APPENDIX 2 SECTION 33 PERIODIC REVIEWS" +\& +.IP " 1." 4 +During the ninety (90) day period which commences on every five year +anniversary date of the effective date of a Franchise, the City may +commence a review of the System to determine the technological and +economic feasibility of incorporating new technology into the design +and/or upgrading channel capacity for the System; to review Subscriber +service standards; to review the performance of the Franchisee as to +compliance with the terms and conditions of its obligations under this +Ordinance and the Franchise Agreement and to correct any defaults; to +conduct inquiries into any issue deemed pertinent to the review by the +Council; to review PEG channel use; the Franchise System design; and, if +the FCC rules and regulations are eliminated and not replaced, to review +and require standards as may be necessary. +.IP " 2." 4 +A Franchisee shall provide the City with such records and information +which may be reasonably necessary to conduct the review. +.IP " 3." 4 +In the event the City commences a review of the System as provided in +paragraph (a) of this Section 33, the City shall conduct public hearings +to provide Franchisee and the public the opportunity to comment on the +issues which are to be considered in said review, and shall consider +whether a change in the Franchise requirements is appropriate to meet +the reasonable cable related needs and interests of the community, after +considering the costs of meeting those needs and interests. +.IP " 4." 4 +At the conclusion of each performance evaluation, which shall be no +later than ninety (90) days following commencement of the review, the +City shall advise the Franchisee of any defaults or any obligations of +the Franchisee and the requirements to cure as provided in this +Ordinance. +Further, the City may submit recommendations to the Franchisee for +action to improve Cable Service. +The City and the Franchisee may agree on changes in the Franchise +Agreement necessary to correct problems existing at the time of the +review. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS" -A "\c" \ + -- "APPENDIX 2 SECTION 34 DESCRIPTIVE HEADINGS" +\& +.LP +The headings of the sections of this Ordinance are descriptive only. +.PP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES" -A "\c" \ + -- "APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS FEES" +\& +.IP " 1." 4 +Except as otherwise provided herein, this Ordinance and any Franchise +Agreement shall be governed by the laws of the State of Oklahoma. +The District Court of Cleveland County and the United States Court for +the Western District of Oklahoma shall have venue and jurisdiction +exclusively for any action in law or equity which may be instituted to +enforce the terms of this Ordinance, the Franchise Agreement or other +applicable laws, rules and regulation. +.IP " 2." 4 +If any legal action is instituted by either party to enforce any terms +of this Ordinance or the Franchise Agreement, the attorney fees, costs +of the action including, but not limited to, court costs, expert witness +fees and all other actual expenses incurred by the prevailing party, +shall be paid by the losing party. +.LP +(Ord. +No. +398(02), 12-16-2002) +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_3_GAS_FRANCHISE" -A "\c" \ + -- "APPENDIX 3 GAS FRANCHISE" +\& +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS" -A "\c" \ + -- "SECTION 1 DEFINITIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE" -A "\c" \ + -- "SECTION 2 GRANT OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE" -A "\c" \ + -- "SECTION 3 FRANCHISE ASSIGNMENT, SALE OR LEASE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS" -A "\c" \ + -- "SECTION 4 USE AND REPAIR OF THE PUBLIC WAYS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE" -A "\c" \ + -- "SECTION 5 REGULATION OF SERVICE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES" -A "\c" \ + -- "SECTION 6 DEPTH OF PIPELINES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES" -A "\c" \ + -- "SECTION 7 DUTY TO MOVE OR ALTER LINES" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR" -A "\c" \ + -- "SECTION 8 INDEMNIFICATION OF GRANTOR" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE%E2%80%99S_RULES_AND_REGULATIONS" -A "\c" \ + -- "SECTION 9 GRANTEE\[cq]S RULES AND REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS" -A "\c" \ + -- "SECTION 10 INSPECTION OF RECORDS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE" -A "\c" \ + -- "SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE FEE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE" -A "\c" \ + -- "SECTION 12 CONDITIONS OF FRANCHISE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE" -A "\c" \ + -- "SECTION 13 INVALIDITY OF ORDINANCE" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED" -A "\c" \ + -- "SECTION 14 ELECTION REQUIRED" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY" -A "\c" \ + -- "SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; EMERGENCY" +\& +.br +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS" -A "\c" \ + -- "SECTION 1 DEFINITIONS" +\& +.LP +SECTION 1. +DEFINITIONS +.IP " 1." 5 +As used in this Ordinance, the following words and phrases shall have +the following meanings: \[lq]Calculated Value\[rq] shall mean the total +Transport Gas measured in Dekatherms (Dth), delivered to a transport Gas +Consumer for a billing period, multiplied by the Settlement Price to +arrive at the value of the Transport Gas transported by Grantee for that +Transport Gas Consumer. +.IP " 2." 5 +\[lq]Consumer\[rq] shall mean any individual person, corporation, +company, partnership, firm, unincorporated association, trust, +municipality, or public or private entity located within the municipal +corporate limits of the City and serviced by the Grantee through any use +of the Public Ways. +.IP " 3." 5 +\[dq]Dekatherm\[rq] or \[lq]Dth\[rq] shall mean a measurement of natural +gas equal to 1,000,000 British Thermal Units (\[lq]Btu\[rq]), or 1 +MMBtu, on a dry basis. +Btu shall be computed on a temperature base of 60 degrees Fahrenheit and +a pressure base of 14.73 PSIA. +.IP " 4." 5 +\[dq]Distributed\[rq] or \[lq]Distribution\[rq] shall mean all sales, +distribution, or transportation of natural gas to any Consumer or user +located within the municipal corporate limits of the City by the Grantee +or by others through Grantee\[cq]s Distribution System. +.IP " 5." 5 +\[lq]Distribution System\[rq] shall mean a system of works, pipes, +pipelines, apparatus, machinery, structures, appliances and +appurtenances as are reasonably necessary for the transportation, +distribution or sale of gas to Consumers. +.IP " 6." 5 +\[lq]Franchise\[rq] shall mean the rights and privileges granted by +Grantor to Grantee under Subsection A of Section 2 of this Ordinance. +.IP " 7." 5 +\[lq]Franchise Fee\[rq] or \[lq]Franchise Fees\[rq] shall mean the sum +of fees to be paid to the City by Grantee under Section 11 of this +Ordinance, at Paragraph A(1), as consideration for the use of the Public +Ways and shall be inclusive or in lieu of any permit fees, lane closure +fees and similar fees or charges for construction, installation, +maintenance or restoration work on the Distribution System with the +Public Ways. +.IP " 8." 5 +\[lq]Grantee\[rq] shall mean ONE Gas, Inc., a corporation acting by and +through its Oklahoma Natural Gas Company division, and its successors +and assigns. +.IP " 9." 5 +\[lq]Grantor\[rq] shall mean the City of Moore, Oklahoma, a municipal +corporation, hereinafter also referred to as the \[lq]City\[rq]. +.IP " 10." 5 +\[lq]Gross Receipts\[rq] shall mean any and all compensation derived by +Grantee directly from the Distribution of natural gas to a Consumer for +any use, including residential, industrial and commercial purposes, and +shall include without limitation revenues from any operation or use of +any or all of the Distribution System by Grantee or others. +Gross Receipts shall not include revenues received by Grantee from +Consumers as franchise fee reimbursement nor Volumetric Rate Fees +collected by Grantee and remitted to Grantor in accordance with +Paragraph 11.A(2) pursuant to an ordinance enacted by Grantor according +to Paragraph 3.B(1) hereof, nor shall Gross Receipts include revenues +from incidental charges or miscellaneous fees not directly generated by +the Distribution of natural gas to Consumers, such as, by way of +example, connection and disconnection fees, reconnection fees, customer +project contributions, returned check charges, delayed or late payment +charges, temporary service charges, and other such charges. +.IP " 11." 5 +\[lq]Install, operate and maintain\[rq] shall mean to acquire, erect, +construct, install, extend, repair, remove, relocate, replace, or +otherwise operate and maintain. +.IP " 12." 5 +\[lq]Public Ways\[rq] shall mean any street, alley, avenue, boulevard, +lane, park, parkway, sidewalk, driveway, public right of way, and any +other public ways, places, areas, or grounds within the municipal +corporate limits of the City as now constituted or as may be added or +extended hereafter. +.IP " 13." 5 +\[lq]Settlement Price\[rq] shall mean the settlement prices for natural +gas futures contracts traded on the New York Mercantile Exchange +(NYMEX), or any successor exchange or index, on the 15th day of each +month as published daily in The Wall Street Journal (WSJ) on the +following business day (or the next day in which a Settlement Price is +published) for each month of the twelve-month period immediately +following. +.IP " 14." 5 +\[lq]Transportation Tariff Arrangement\[rq] shall mean any arrangement +between Grantee and a Consumer pursuant to which natural gas owned by +any party other than the Grantee shall be transported, distributed or +sold through any portion of Grantee\[cq]s Distribution System and under +one of Grantee\[cq]s tariffs or special contract for delivery to the +Consumer. +.IP " 15." 5 +\[lq]Transport Gas\[rq] shall mean all natural gas transported by +Grantee pursuant to a Transportation Tariff Arrangement or by other +agreement, but not sold by Grantee though Grantee\[cq]s Distribution +System to any Consumer or user located within the municipal corporate +limits of the City. +.IP " 16." 5 +\[lq]Transport Gas Consumer\[rq] shall mean a Consumer which uses +Transport Gas. +.IP " 17." 5 +\[dq]Volumetric Rate\[rq] shall mean Three Percent (3%) of the +Calculated Value of Transport Gas as determined by Grantee in accordance +with the provisions of this definition. +The Volumetric Rate Calculation Form incorporated herein as Exhibit +\[lq]A\[rq] shall be used for the calculation of the Volumetric Rate; +provided, that the Grantor enacts an ordinance as described in Paragraph +3.B(1) below, the three percent (3%) multiplier labeled \[lq]3% Bundled +Franchise Fee Rate\[rq] set forth on \[lq]Exhibit A\[rq] shall be +completed by Grantee and filed with the City Clerk of the City upon +Grantee\[cq]s acceptance of this franchise and annually by each July +following acceptance. +The calculation filed upon Grantee\[cq]s acceptance of this franchise +shall be effective from the date of such filing through and including +December 31 of the next succeeding calendar year. +The calculation filed by Grantee on July 31 in years following the year +of acceptance of this franchise shall be effective on January 1 of the +next succeeding calendar year through and including December 31 of such +calendar year. +The calculation shall be subject to review by the City for mathematical +correctness and the City shall notify Grantee in writing within forty +five (45) calendar days after submission if the City deems such +calculation to be incorrect. +The volumetric rate calculation shall be based on the average of the +average Settlement Prices for the twelve month period beginning in July +of the immediately preceding year and ending in June immediately +preceding the July 31 calculation. +The average Settlement Prices for each month during said twelve-month +period shall be calculated by adding the Settlement Prices for such +month and the previous eleven (11) months as published and dividing by +twelve. +The average Settlement Prices for each of the twelve months shall then +be summed and divided by twelve to determine the average of the average +Settlement Prices and then multiplied by three percent (3%) to obtain +the Volumetric Rate; provided, in the event the then-current average of +the average Settlement Prices as calculated above and entered on the +Volumetric Rate Calculation Form, attached as Exhibit A (see line +designated on Exhibit \[lq]A\[rq] as \[lq]settlement price +average\[rq]), exceeds the Index price for ONEOK Gas Transportation, +L.L.C., that is listed in the issue of Platt\[cq]s \[lq]Inside +FERC\[cq]s Gas Market Report\[rq] published on the first business day of +the respective month (\[lq]Platt\[cq]s Index price\[rq]), then the +Platt\[cq]s Index price shall be used to calculate the Volumetric Rate +for that delivery month in lieu of the average of the average Settlement +Prices entered on the Volumetric Rate Calculation Form (Exhibit A) +(i.e., for that respective delivery month, the Volumetric Rate shall be +determined by taking the Platt\[cq]s Index price and multiplying that +price by 3% or the then applicable increased percentage determined in +the same manner set out in Paragraph 11.A(2) of this franchise). +.IP " 18." 5 +\[lq]Volumetric Rate Fee\[rq] or \[lq]Volumetric Rate Fees\[rq] shall +mean the fee or fees based on the Volumetric Rate to be collected and +remitted to the City by Grantee as required by Paragraph 11.A(2) of this +franchise upon the enactment of an ordinance as described in Paragraph +3.B(1). +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE" -A "\c" \ + -- "SECTION 2 GRANT OF FRANCHISE" +\& +.LP +.br +.IP " 1." 4 +The Grantor hereby grants to Grantee for the term of twenty-five (25) +years from the passage and voter approval of this Ordinance and the +filing of a written acceptance by the Grantee, the right to enter upon +the Public Ways to install, operate and maintain a Distribution System +along, across, over and under the Public Ways for the privilege of +transporting, distributing and/or selling gas to consumers and the +public generally within the municipal corporate limits of the City. +.IP " 2." 4 +The Ordinance shall have the effect of and shall be a contract between +Grantor and Grantee and shall be the measure of the rights and +liabilities of Grantor as well as Grantee. +.IP " 3." 4 +The franchise granted by this Ordinance is not exclusive and nothing +herein shall be construed to divest the Grantor of its control and +regulation of the Public Ways. +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE" -A "\c" \ + -- "SECTION 3 FRANCHISE ASSIGNMENT, SALE OR LEASE" +\& +.IP " 1." 4 +Grantee shall not have the right to assign, sell, lease, or otherwise +transfer in any manner whatsoever to any third party not affiliated with +Grantee the rights and privileges granted under this Ordinance except as +hereinafter provided. +Any assignment, sale, lease, or other transfer by the Grantee of the +franchise granted herein to any third party not affiliated with Grantee +shall be ineffective and void unless: +.RS 4 +.IP " 1." 4 +The proposed assignment, sale, lease or transfer shall be in writing +.IP " 2." 4 +The prospective assignee, buyer, lessee or other transferee shall agree +in writing to accept and become responsible for full performance of all +conditions, covenants, obligations, and liabilities contained in this +Ordinance; and +.IP " 3." 4 +Such writing shall be submitted to the City Clerk of the City. +This Subsection shall not apply to any arrangement which is in +compliance with the provisions of Subsection B of this Section. +This Section shall not apply to the use of any portion of Grantee\[cq]s +distribution system for the transportation, distribution or sale to any +Consumer purchasing, receiving and using natural gas outside the +municipal corporate limits of the City. +.RE +.IP " 2." 4 +After the operative date of this ordinance, Grantee shall have the right +to enter into or continue to operate pursuant to any \[lq]Transportation +Tariff Arrangement\[rq] or to enter into or continue any arrangement by +which natural gas owned by any party other than Grantee shall be +transported, distributed or sold through any portion of Grantee\[cq]s +Distribution System for delivery to any Consumer located within the +municipal corporate limits of the City, subject to the following: +.RS 4 +.IP " 1." 4 +Should Grantor, by separate ordinance, require persons transporting gas +pursuant to a Transportation Tariff Arrangement to pay compensation to +Grantor for use of the Public Ways in connection with the sale of +Transport Gas, said compensation shall be calculated as a Volumetric +Rate Fee and collected and remitted by Grantee as provided in Paragraph +11.A(2) of this ordinance; +.IP " 2." 4 +The Transport Gas Consumer shall have obtained a license from the +Grantor, if the Grantor shall have a licensing ordinance in effect, for +the use of the Public Ways in connection with such transport of natural +gas, and the Grantor shall have notified the Grantee in writing of such +license. +.RE +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS" -A "\c" \ + -- "SECTION 4 USE AND REPAIR OF THE PUBLIC WAYS" +\& +.IP " 1." 4 +Grantee\[cq]s Distribution System shall be erected, placed, and laid or +otherwise installed, operated and maintained in such a manner as will, +consistent with reasonable necessity, least interfere with other public +uses of the Public Ways. +.IP " 2." 4 +Before Grantee shall excavate or disturb the surface of any Public Way, +except in the case of emergency, at least forty-eight (48) hours notice +shall be given to the City\[cq]s Engineer, Public Works Director or +other proper authority designated in writing by the Grantor. +After such excavation or disturbance, the Grantee shall, with due +diligence and dispatch, place the Public Way in a condition in +compliance with the Grantor\[cq]s reasonable standards and +specifications. +.IP " 3." 4 +Upon Grantee\[cq]s failure to commence or complete any construction, +maintenance or restoration work required by this Ordinance with due +diligence and dispatch, the Grantor may cause such work to be done after +written notice to Grantee, given so as to afford Grantee an opportunity +to commence and complete such work within a reasonable time. +The cost of such construction, maintenance or restoration incurred by +Grantor upon Grantee\[cq]s failure shall then be charged and collected +from the Grantee. +.IP " 4." 4 +Grantor reserves the right to make and enforce reasonable regulations +concerning the construction of Grantee\[cq]s Distribution System located +within, along, across, over, or under the Public Ways and to reasonably +designate where the Distribution System\[cq]s works and pipelines shall +be placed, so long as such regulations are not in conflict with the laws +of the State of Oklahoma and the United States or the orders, rules or +regulations of the Oklahoma Corporation Commission or other regulatory +authority having jurisdiction over Grantee +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE" -A "\c" \ + -- "SECTION 5 REGULATION OF SERVICE" +\& +.IP " 1." 4 +The Distribution System of the Grantee shall at all times be installed, +operated and maintained in accordance with accepted good practice and in +such condition as will enable the Grantee to furnish adequate and +continuous service as required by the orders, rules and regulations of +the Oklahoma Corporation Commission or other regulatory authority having +jurisdiction. +The requirements set forth in this Section shall not relieve Grantee of +any other obligations set forth herein. +.IP " 2." 4 +In the event that the Oklahoma Corporation Commission or other state +regulatory authority shall be deprived of the authority to regulate +Grantee, then Grantor shall have the authority to set rates, terms and +conditions of service for transportation, distribution or sale of +natural gas by Grantee within the municipal corporate limits of the +City. +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES" -A "\c" \ + -- "SECTION 6 DEPTH OF PIPELINES" +\& +.LP +After the operative date of this franchise, Grantee\[cq]s main or +lateral lines installed or replaced in Public Ways shall be installed or +replaced at depths which comply with all applicable state and federal +rules and regulations establishing minimum safety standards for the +design, construction, maintenance and operation of pipelines. +Depth shall be measured from the lower of existing grade or proposed +future grade as set forth on plans or other specifications existing at +the time such lines are installed or replaced. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES" -A "\c" \ + -- "SECTION 7 DUTY TO MOVE OR ALTER LINES" +\& +.IP " 1." 4 +Grantor reserves the right to lay or permit to be laid cables, electric +conduits, water, sewer, gas or other pipelines and to do or permit to be +done any underground work deemed necessary and proper by the Grantor, +along, across, over or under the Public Ways. +In permitting such work to be done, the Grantor shall not be liable to +the Grantee for any damage to Grantee\[cq]s pipeline unless Grantor or +its agents or contractors are negligent in causing said damage. +.IP " 2." 4 +Whenever by reason of establishing a grade or changes in the grade of +any street or in the location or manner of construction of any public +way, cables, electric conduits, water, sewer, gas or other underground +structures, it shall be deemed necessary by the Grantor to alter, +change, adapt or conform any portion of Grantee\[cq]s Distribution +System located in the Public Ways, such alterations or changes shall be +made within a reasonable time by the Grantee, as ordered in writing by +the Grantor, without claim for reimbursement or compensation for damages +against Grantor; provided, however, that this Section is not intended to +require Grantee to alter, change, adapt or conform any portion of its +Distribution System without reimbursement or compensation where the +right to locate the same, whether by private right-of-way grant, utility +easement or otherwise, was acquired prior to its location in the public +way. +.IP " 3." 4 +If Grantor shall require the Grantee to adapt or conform its +Distribution System or in any way to alter, relocate or change its +property to enable any other person, firm, corporation or entity +(whether public or private), other than the Grantor, to use the Public +Ways, the Grantee shall be reimbursed by the person, firm corporation or +entity desiring or occasioning such change for any and all loss, cost or +expense occasioned thereby. +.IP " 4." 4 +\[lq]Person,\[rq] \[lq]firm,\[rq] \[lq]corporation,\[rq] and +\[lq]entity\[rq] as used in Subsection C of this Section shall not +include regular departments of the Grantor, or any trust or authority +formed by or for the benefit of Grantor for public utility purposes, but +shall include any other agency or authority of the City, whether acting +in a governmental or non-governmental capacity, including, but not +limited to, any urban renewal authority, or any other agency or +authority, which as a part of its program clears whole tracts of land +within the municipal corporate limits and relocates citizens for the +purpose of urban development or similar aims. +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR" -A "\c" \ + -- "SECTION 8 INDEMNIFICATION OF GRANTOR" +\& +.LP +The Grantee shall indemnify, become responsible for and forever save +harmless the Grantor from any and all damages, judgments, reasonable +costs and expenses, including attorney fees, which the Grantor may +suffer or incur, or which may be legally obtained against the Grantor, +for or by reason of the negligent use, repair or occupation of any +public way within the municipal corporate limits of the City by the +Grantee pursuant to the terms of this Ordinance or resulting from the +negligent exercise by the Grantee of any of its privileges or by reason +of its carrying on its business in the City (except where such damages, +judgments, reasonable costs and expenses, including attorney fees, +result from the negligence of Grantor or its agents or contractors); +provided, however, that in the event of such claim or claims being +prosecuted against the Grantor, the Grantee shall have the right to +defend against the same, and to settle or discharge same in such manner +as it may see fit, and the Grantor shall give prompt written notice to +the Grantee of the presentation or prosecution of such claims. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE%E2%80%99S_RULES_AND_REGULATIONS" -A "\c" \ + -- "SECTION 9 GRANTEE\[cq]S RULES AND REGULATIONS" +\& +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS" -A "\c" \ + -- "SECTION 10 INSPECTION OF RECORDS" +\& +.LP +Grantee shall permit Grantor or its agents to inspect, during regular +business hours, the books, papers and records kept by Grantee in the +ordinary course of business and pertaining to the natural gas business +carried on by it in the City, such as plats, maps and atlases +identifying Grantee\[cq]s pipelines in the City, and the books and +records necessary to verify the franchise fee payment provided for in +Section 11 hereof. +Notwithstanding the obligation herein, Grantee shall have the right to +request the reasonable protection of proprietary information and to +provide redacted documents or require Grantor or its agents to enter +into such agreements pertaining to confidentiality as may reasonably +protect the proprietary information of Grantee but which do not +unreasonably frustrate the purposes of this Section. +Grantor shall promptly notify Grantee in writing of areas newly annexed +into or de-annexed from the corporate limits of Grantor, and Grantee +shall update its records for the purpose of payment of franchise fees as +soon as reasonably practicable after receiving such notice. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE" -A "\c" \ + -- "SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE FEE" +\& +.IP " 1." 4 +In consideration for the rights and privileges enjoyed under this +franchise, Grantee agrees to pay Grantor as follows: +.RS 4 +.IP " 1." 4 +Grantee shall pay Grantor a franchise fee the sum of which is equal to +Three Percent (3%) of the Gross Receipts received by Grantee, per +billing period, from the transportation, distribution, and sale of +natural gas for domestic, commercial or industrial consumption within +the municipal corporate limits of the City. +All sums due from Grantee shall be in lieu of all other franchise, +license, or occupational taxes or fees, which may be levied or attempted +to be levied on Grantee by the City. +.IP " 2." 4 +In the event that Grantor, pursuant to Paragraph 3.B(1) of this +ordinance, requires persons transporting gas pursuant to a +Transportation Tariff Arrangement to pay compensation to Grantor for use +of the Public Ways in connection the sale of Transport Gas, said +compensation shall be calculated as a Volumetric Rate fee for such +Transport Gas, which shall be the sum equal to the then current +Volumetric Rate multiplied by the number of Dth of Transport Gas +reported or distributed through Grantee\[cq]s facilities within the +municipal corporate limits of the City by Grantee or by any third-party +to transport customers for consumption within the City. +Grantee will in that event collect such Volumetric Rate Fees from +persons transporting gas pursuant to a Transportation Tariff Arrangement +and remit the same to Grantor. +.RE +.IP " 2." 4 +In the event a customer of Grantee does not pay a monthly bill from +Grantee in full, Grantee shall prorate its payments of remissions to the +City for sums due on that particular bill so that the amount actually +paid by the customer to Grantee on the bill is distributed to Grantee +for the natural gas commodity and transportation or distribution service +and to the City for sums due on the bill in proportion to the percentage +of the total bill actually paid by the customer. +In the event Grantee actually collects any outstanding amounts due on a +past due, unpaid or partially paid monthly bill to a customer, then +Grantee shall pay Grantor its proportionate share of sums due to the +City on such bill. +.IP " 3." 4 +Grantee\[cq]s franchise fee based upon a percentage of gross cash +receipts or a volumetric rate shall be payable monthly on or before the +25th day of each month, on its gross cash receipts for the preceding +calendar month. +.IP " 4." 4 +All sums due from Grantee under this Section shall be in lieu of all +other franchise, license, or occupation taxes or fees, which may be +levied or attempted to be levied on Grantee by the City. +.IP " 5." 4 +The City\[cq]s chief administrative officer or his designee may waive +the Volumetric Rate Fee or any part thereof due from a Transport Gas +Consumer, but such waiver shall only be granted if: +.RS 4 +.IP " 1." 4 +The Transport Gas Consumer could otherwise obtain its energy needs from +another source that would not be subject to the fees imposed in +Subparagraph 2 of Subsection 11.A above and sufficient evidence is +produced by the Transport Gas Consumer so as to substantiate such +alternative source; and +.IP " 2." 4 +Such alternative source, including all other fees, would be less than +the cost of utilizing Grantee to furnish and transport the gas or +transport alone, as the case may be. +.RE +.IP " 6." 4 +Grantee shall update its records for the purpose of franchise fee +payments as soon as reasonably practicable after receiving such notice. +.IP " 7." 4 +In the event the accounting rendered to Grantor by Grantee is found to +be incorrect, then payment shall be made on the corrected amount, it +being agreed that Grantor may accept amount offered by Grantee, but the +acceptance thereof by Grantor shall not be deemed a settlement of such +item if the amount is in dispute or later found to be incorrect. +Grantee shall have no obligation, however, to make payment upon +Transport Gas for which Grantee has not been paid. +Grantee shall provide notice to Grantor of such delinquent accounts +within ninety (90) days and Grantor shall hold Grantee harmless from the +cost or liability for the collection of franchise fees on such +delinquent accounts. +.IP " 8." 4 +Grantor agrees that the franchise fee percentage rate set forth in +Subsection 11.A, at Paragraphs (1) and (2), of this Ordinance shall in +no event exceed the percentage rate hereafter approved to calculate any +fee paid to Grantor by any other person or entity for use of the Public +Ways if such fee or volumetric rate is based in any way on the amount of +revenues or gross receipts from the transportation, distribution, or +sale of natural gas or electric energy, excluding any municipally-owned +electric utility, by such other person or entity to ultimate Consumers +within the City. +If at any time after the effective date of this Ordinance the fee or +rate required to be paid by another is less than the percentage rate set +forth in Paragraphs A(1) or (2) of Section 11, then the percentage rate +set forth in Paragraphs A(1) or (2) of Section 11 of this Ordinance +shall be reduced to equal such lesser percentage rate on the date such +lesser percentage rate becomes effective and without any further action +by the City or the qualified electors residing therein. +.LP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE" -A "\c" \ + -- "SECTION 12 CONDITIONS OF FRANCHISE" +\& +.LP +This contract, franchise, grant and privilege is granted and accepted +under and subject to all applicable laws and under and subject to all of +the orders, rules, and regulations now or hereafter adopted by +governmental bodies now or hereafter having jurisdiction. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE" -A "\c" \ + -- "SECTION 13 INVALIDITY OF ORDINANCE" +\& +.LP +If any clause, sentence, or section of this Ordinance shall be held to +be invalid, it shall not affect the remaining portions of this +Ordinance, which shall remain valid and effective as if such invalid +provision did not exist, although the parties shall be entitled to a +judicial interpretation or construction of this Ordinance to address the +validation of such provision by minimal amendment thereof. +Further, should any governmental body now or hereafter having +jurisdiction determine that Grantee shall not be permitted to collect in +whole or in part the compensation due Grantor by others for Transport +Gas as set forth in Paragraph (2) of Subsection B of Section 3 and +Paragraph (2) of Subsection A of Section 11 of this Ordinance, Grantee +shall thereafter have no obligation to make such payment to Grantor and +Paragraph (2) of Subsection B of Section 3 and Paragraph (2) of +Subsection A of Section 11 shall be of no force and effect. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED" -A "\c" \ + -- "SECTION 14 ELECTION REQUIRED" +\& +.LP +This Ordinance shall not become operative until it shall be approved by +a majority of the qualified electors voting thereon residing within the +municipal corporate limits of the City at an election called for that +purpose, and a special election is hereby called for the purpose of +submitting to the qualified electors residing in said City, the question +of approval or disapproval of this Ordinance, which election shall be +held on the 2nd day of March, 2021, between the hours prescribed by law. +The Mayor of the City is hereby authorized and directed to issue a +proper and lawful call and proclamation of such special election to be +held on such date as aforesaid for said purpose, and the City Council of +the City are hereby directed to give due and lawful notice of such +election and submission of said question to the electors of said City as +prescribed by law and the Ordinances of the City. +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY" -A "\c" \ + -- "SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; EMERGENCY" +\& +.LP +In the event this Ordinance is approved by a majority vote of said +electors voting thereon at said election, the Grantee shall file with +the City Clerk, within thirty days after the official canvass of the +votes and declaration by the City Council of the results thereof, a +written acceptance. +This Ordinance shall become operative on the date of filing of such +acceptance. +.PP +An emergency is hereby declared to exist by reason of the fact that no +other person, firm or corporation has a franchise to furnish natural gas +to residents and inhabitants of the City, and for the preservation of +the public peace, health and safety, and by reason whereof this +Ordinance shall be effective immediately from and after its passage, +approval and publication. +.PP +.br +\c +.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=STATE_LAW_REFERENCES_TABLE" -A "\c" \ + -- "STATE LAW REFERENCES TABLE" +\& +.LP +This table shows the location within the Charter and Code, either in the +text or notes following the text, of references to Oklahoma Statutes +(O.S.). +.PP +.na +.nr LLold \n[LL] +.TS +delim(@@) tab( ); +lw(23.3n) lw(23.3n) lw(23.3n). +T{ +.nr LL 23.3n +O.S. +Title +T} T{ +.nr LL 23.3n +Section +T} T{ +.nr LL 23.3n +Section 2018 Code +T} +T{ +.nr LL 23.3n +2 +T} T{ +.nr LL 23.3n +7-401 et seq. +T} T{ +.nr LL 23.3n +Pt. +8, Ch. +6, Art. +B +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +8-621 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +10-9.1 et seq. +T} T{ +.nr LL 23.3n +8-102 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +20-40 et seq. +T} T{ +.nr LL 23.3n +8-102 +T} +T{ +.nr LL 23.3n +7 +T} T{ +.nr LL 23.3n +11-902 +T} T{ +.nr LL 23.3n +15-520 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +11 +T} T{ +.nr LL 23.3n +15-1712 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +12 +T} T{ +.nr LL 23.3n +15-1712 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +19.11 +T} T{ +.nr LL 23.3n +11-115 +T} +T{ +.nr LL 23.3n +9 +T} T{ +.nr LL 23.3n +1301 - 1340 +T} T{ +.nr LL 23.3n +6-116 +T} +T{ +.nr LL 23.3n +10 +T} T{ +.nr LL 23.3n +401 et seq. +T} T{ +.nr LL 23.3n +8-702 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +4 +T} +T{ +.nr LL 23.3n +10A +T} T{ +.nr LL 23.3n +2-2-103 +T} T{ +.nr LL 23.3n +6-132 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2-5-205 +T} T{ +.nr LL 23.3n +10-802 +T} +T{ +.nr LL 23.3n +11 +T} T{ +.nr LL 23.3n +1-102 +.br +T} T{ +.nr LL 23.3n +8-205 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +8-213 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +8-303 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +8-305 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14-101 et seq. +.br +T} T{ +.nr LL 23.3n +15-303 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14-107 +T} T{ +.nr LL 23.3n +5-201 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-204 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-206, 5-207 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-209 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-301 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-401 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-501 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +5-601 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-901 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +13-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +13-111 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14-108 +T} T{ +.nr LL 23.3n +1-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +1-103 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14-109 +T} T{ +.nr LL 23.3n +1-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +1-103 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14-111 +T} T{ +.nr LL 23.3n +1-108 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +20-101 et seq. +T} T{ +.nr LL 23.3n +1-302 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +21-101 +T} T{ +.nr LL 23.3n +Pt. +5 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-106 +T} T{ +.nr LL 23.3n +Pt. +9 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +1 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-107 +T} T{ +.nr LL 23.3n +Pt. +9 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +1 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-109 +T} T{ +.nr LL 23.3n +10-510 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-110 +T} T{ +.nr LL 23.3n +Pt. +10, Ch. +4, Art. +B +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +10-201 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +10-328 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +10-403 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-111 +T} T{ +.nr LL 23.3n +Pt. +8, Ch.2 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-112 +T} T{ +.nr LL 23.3n +8-301 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-112 et seq. +T} T{ +.nr LL 23.3n +Pt. +4 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-112.1 +T} T{ +.nr LL 23.3n +8-301 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-115 et seq. +T} T{ +.nr LL 23.3n +Pt. +4 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +Pt. +4, Ch. +1 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-115 +T} T{ +.nr LL 23.3n +4-121 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-117 +T} T{ +.nr LL 23.3n +15-531 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +22-121 +T} T{ +.nr LL 23.3n +8-1002 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +26-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +11, Ch. +3 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +6 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-103 +T} T{ +.nr LL 23.3n +6-103 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-104 +T} T{ +.nr LL 23.3n +6-201, 6-202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +6-206 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-105 +T} T{ +.nr LL 23.3n +6-104 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-108 +T} T{ +.nr LL 23.3n +6-107 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-109 +T} T{ +.nr LL 23.3n +6-106 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-110 +T} T{ +.nr LL 23.3n +6-105 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-111 +T} T{ +.nr LL 23.3n +6-108 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-113 +T} T{ +.nr LL 23.3n +6-123 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-114 +T} T{ +.nr LL 23.3n +6-109 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-115 +T} T{ +.nr LL 23.3n +6-112 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-117 +T} T{ +.nr LL 23.3n +6-113 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +6-118 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-117.1 +T} T{ +.nr LL 23.3n +6-114 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +6-118 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-122 +T} T{ +.nr LL 23.3n +6-129 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +27-123 +T} T{ +.nr LL 23.3n +6-126 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +29-105 +T} T{ +.nr LL 23.3n +Pt.3, Ch. +2, Art. +A +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +31-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +11, Ch. +2 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +31-101 +T} T{ +.nr LL 23.3n +11-202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +31-102 +.br +T} T{ +.nr LL 23.3n +11-202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +31-104 - 31-108 +T} T{ +.nr LL 23.3n +11-202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +33-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +11, Ch. +1 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +34-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +13, Ch.3 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +34-104 +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +8 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +.br +T} T{ +.nr LL 23.3n +7-802 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +36-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +14 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +39-103.1 +T} T{ +.nr LL 23.3n +3-115 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +41-101 et seq. +T} T{ +.nr LL 23.3n +Pt. +12 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +48-101 et seq. +T} T{ +.nr LL 23.3n +2-233 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +49-100.1 et seq. +T} T{ +.nr LL 23.3n +2-212 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +49-101 et seq. +T} T{ +.nr LL 23.3n +2-211 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +50-100.1 et seq. +T} T{ +.nr LL 23.3n +2-221, 2-222 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +50-123 +T} T{ +.nr LL 23.3n +13-311 +T} +T{ +.nr LL 23.3n +15 +T} T{ +.nr LL 23.3n +511 et seq. +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +8 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +777.1 et seq. +T} T{ +.nr LL 23.3n +13-411 +T} +T{ +.nr LL 23.3n +18 +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-208 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-802 +T} +T{ +.nr LL 23.3n +19 +T} T{ +.nr LL 23.3n +531 +T} T{ +.nr LL 23.3n +6-127 +T} +T{ +.nr LL 23.3n +21 +T} T{ +.nr LL 23.3n +1 et seq. +T} T{ +.nr LL 23.3n +10-109 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +41 et seq. +T} T{ +.nr LL 23.3n +10-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +152 +T} T{ +.nr LL 23.3n +10-106 +T} +T{ +.nr LL 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LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +8-107 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +7 +T} T{ +.nr LL 23.3n +8-106 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +12 +T} T{ +.nr LL 23.3n +8-107 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +13 +T} T{ +.nr LL 23.3n +8-108 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +14 +T} T{ +.nr LL 23.3n +8-108 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +15 +T} T{ +.nr LL 23.3n +8-108 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +16 +T} T{ +.nr LL 23.3n +Pt. +8 (note) +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +Pt. +8, Ch. +1 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +8-109, 8-110 +T} +T{ +.nr LL 23.3n +51 +T} T{ +.nr LL 23.3n +24A.1 et seq. +T} T{ +.nr LL 23.3n +2-301, 2-302 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +121 et seq. +T} T{ +.nr LL 23.3n +2-201 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +151 et seq. +T} T{ +.nr LL 23.3n 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LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-311 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1151.1 et seq. +T} T{ +.nr LL 23.3n +Pt. +5, Ch. +3, Art. +B +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-1001 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1151.2 +T} T{ +.nr LL 23.3n +5-1001 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1151.5(B) +T} T{ +.nr LL 23.3n +5-1011 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1151.14(A) +T} T{ +.nr LL 23.3n +5-1004 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-1006 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-1011 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1330 +T} T{ +.nr LL 23.3n +6-116 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1332 +T} T{ +.nr LL 23.3n +6-116 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1333 +T} T{ +.nr LL 23.3n +6-116 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1335 +T} T{ +.nr LL 23.3n +6-116 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1501 et seq. +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +8 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1514 +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +8 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1515 +T} T{ +.nr LL 23.3n +9-805 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1521 et seq. +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +9 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1525(C) +T} T{ +.nr LL 23.3n +9-912 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1527 +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +9 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1531 +T} T{ +.nr LL 23.3n +9-912 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1680 et seq. +T} T{ +.nr LL 23.3n +Pt. +5, Ch. +4 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +Pt. +5, Ch. +4, Art. +B +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-421 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1850.1 et seq. +T} T{ +.nr LL 23.3n +Pt. +5, Ch. +5 +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +Pt. +5, Ch. +5, Art. +B +.br +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +4200.1 et seq. +T} T{ +.nr LL 23.3n +9-1241 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +4200.10 +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +12 +T} +T{ +.nr LL 23.3n +60 +T} T{ +.nr LL 23.3n +650 et seq. +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +8 +T} +T{ +.nr LL 23.3n +61 +T} T{ +.nr LL 23.3n +101 et seq. +T} T{ +.nr LL 23.3n +7-204 +T} +T{ +.nr LL 23.3n +62 +T} T{ +.nr LL 23.3n +601 et seq. +T} T{ +.nr LL 23.3n +7-105 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +310.1(C) +T} T{ +.nr LL 23.3n +7-202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +430.1(B) +T} T{ +.nr LL 23.3n +7-205 +T} +T{ +.nr LL 23.3n +63 +T} T{ +.nr LL 23.3n +1-508 +T} T{ +.nr LL 23.3n +4-162 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1011 +T} T{ +.nr LL 23.3n +8-111 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1101 et seq. +T} T{ +.nr LL 23.3n +Pt. +8, Ch. +6, Art. +A +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-5121 et seq. +T} T{ +.nr LL 23.3n +8-1202 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +10-502 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1522 +T} T{ +.nr LL 23.3n +8-701 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1523 +T} T{ +.nr LL 23.3n +8-702 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1525 +T} T{ +.nr LL 23.3n +8-703 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-1901 et seq. +T} T{ +.nr LL 23.3n +8-702 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-2501 et seq. +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +2 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1-2512(B) +T} T{ +.nr LL 23.3n +15-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2-101 et seq. +T} T{ +.nr LL 23.3n +10-502, 10-503 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +15-520 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2-101(8) +T} T{ +.nr LL 23.3n +15-520 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2-101.1 +T} T{ +.nr LL 23.3n +10-503 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2-405 +T} T{ +.nr LL 23.3n +10-503 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +163.1 et seq. +T} T{ +.nr LL 23.3n +Pt. +3, Ch. +2 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +465.20 +T} T{ +.nr LL 23.3n +10-504 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +683.1 et seq. +T} T{ +.nr LL 23.3n +Pt. +13, Ch. +4 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +683.3 +T} T{ +.nr LL 23.3n +15-101 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +683.4 +T} T{ +.nr LL 23.3n +13-402 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +683.11 +T} T{ +.nr LL 23.3n +Pt. +13, Ch. +4 +T} +T{ +.nr LL 23.3n +68 +T} T{ +.nr LL 23.3n +205 +T} T{ +.nr LL 23.3n +7-317 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-417 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-520 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +217 +T} T{ +.nr LL 23.3n +7-313 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-413 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +220 +T} T{ +.nr LL 23.3n +7-314 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-414 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +227 +T} T{ +.nr LL 23.3n +7-315 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-415 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +301 +T} T{ +.nr LL 23.3n +10-517 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1310 +T} T{ +.nr LL 23.3n +7-311 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1350 et seq. +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +3 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-303, 7-304 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-306 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-320, 7-321 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-322 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1352 +T} T{ +.nr LL 23.3n +7-302 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1401 et seq. +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +4 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-405, 7-406 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +7-418, 7-419 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1401 +T} T{ +.nr LL 23.3n +7-402 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1408 +T} T{ +.nr LL 23.3n +7-411 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1501 et seq. +T} T{ +.nr LL 23.3n +Pt. +9, Ch. +10, Art. +B +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +1621 et seq. +T} T{ +.nr LL 23.3n +10-328 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2601 et seq. +T} T{ +.nr LL 23.3n +7-701 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2601 +.br +T} T{ +.nr LL 23.3n +7-711 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +2701 et seq. +T} T{ +.nr LL 23.3n +Pt. +7, Ch. +3 +T} +T{ +.nr LL 23.3n +70 +T} T{ +.nr LL 23.3n +1210.211 et seq. +T} T{ +.nr LL 23.3n +8-702 +T} +T{ +.nr LL 23.3n +72 +T} T{ +.nr LL 23.3n +1 +T} T{ +.nr LL 23.3n +9-701 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +221 et seq. +T} T{ +.nr LL 23.3n +8-702 +T} +T{ +.nr LL 23.3n +75 +T} T{ +.nr LL 23.3n +250 et seq. +T} T{ +.nr LL 23.3n +5-1004 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +6-206 +T} +T{ +.nr LL 23.3n +85A +T} T{ +.nr LL 23.3n +1 et seq. +T} T{ +.nr LL 23.3n +5-1004 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +5-1011 +T} +T{ +.nr LL 23.3n +.br +T} T{ +.nr LL 23.3n +-- +T} T{ +.nr LL 23.3n +14-312 +T} +.TE +.nr LL \n[LLold] +.ad +.pdfsync |